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This legislation has been filed with the Attorney General on December 7, 2010.
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INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS
The Attorney General of California has prepared the following title and summary of the chief purpose and points of the proposed measure:
10-0024 PRESIDENTIAL ELECTORS. POLITICAL PARTY NOMINATION AND ELECTION BY
CONGRESSIONAL DISTRICT. INITIATIVE STATUTE. Requires California to join two other states in
selecting electors for president by the plurality vote in each congressional district. Two at-large electors to be
selected based on plurality of statewide vote for president. Provides for political party nomination of electors
pledged to vote for that party’s candidate. Mandates that electors vote for candidate for whom they are
pledged. Independent electors to be chosen by independent presidential candidates and also elected by
congressional district. Eliminates $10 compensation and 5 cents per mile reimbursement of electors.
Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local
government: Reduced state expenses of less than $10,000 every four years.
To the Honorable Sectary of State of California: We, the undersigned, registered, qualified voters of the aforementioned County (or City or County) on the
signature page of the petition section, hereby propose amendments to the Election Code of the State of California, relating to the reform of the electoral college in California,
and petition the Secretary of State to submit the same to the voters of California for their adoption or rejection at the next succeeding general election or at any special
statewide election held prior to that general election or otherwise provided by law. The proposed statutory amendments read as follows:
Section 1. Findings and Declaration of Purpose
1 California is largely taken for granted by Presidential Candidates because
of its “winner-take-all” system of awarding its electoral votes. In recent
elections, Presidential candidates ignored voters in California and have
spent more time and money trying to win votes in smaller states with just
a few electoral votes.
2 Our “winner take all” system of awarding electoral votes does not reflect
the vast diversity of our state, the regional differences of our citizenry,
and the unique problems faced by Californians
3 Further, a “winner take all” system impedes credible third party or
independent candidacies for President.
4 Maine and Nebraska do not have a “winner take all” system of awarding
electoral votes.
5 Mega urban areas dominate the process. Los Angeles County voters
determines whom California votes for President.
6 Independent, rural and non-urban areas are discriminated under “winner
take all”.
The initiative will amend the Election Code: Chapter 1 of Part 2 of Division 6,
Sections 6900, 6901, 6903, and 6909.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SEC 1. Section 6900 of the Elections Code is amended to read:
6900. (a) The term "elector" or "presidential elector" as used in this chapter
means an elector of President and Vice President of the United States, and not an
elector as defined in Section 321.
(b) An elector shall be nominated in each congressional district and two electors
on a statewide basis in accordance with the rules of the political party with which the
elector is affiliated, subject to the following requirements:
(1) An elector selected on the basis of a congressional district must be a resident of
that district.
(2) An elector selected on a statewide basis shall be a resident of the state.
(3) An elector shall be a member of the political party that nominated the elector at
the time of nomination and shall have been a member of that political party for the
preceding four years, unless the political party was not qualified under Division 5,
during that four-year period.
(4) An elector shall sign a pledge that he or she shall cast his or her ballot for the
candidates for President and Vice President of the United States who receive the
plurality of votes in the congressional district in which the elector is nominated, or
who receive the plurality of votes in the state in the case of an electors elected on a
statewide basis, provided that those candidates are alive at the time the vote is cast.
(5) If an elector is disqualified to serve as an elector because of his or her failure to
meet the applicable requirements of paragraphs (1) to (4), inclusive, or if the elector
expresses a intent to violate his or her pledge signed pursuant to paragraph (4),the
political party that nominated the elector may replace the elector with a person who
meets these requirements.
(6) If a political party does not have rules concerning the procedure for selecting
electors by the time that electors are required to be selected, the presidential
candidate for that political party shall select the electors.
SEC. 2. Section 6901 of the Elections Code is amended to read:
6901. When a political party nominates electors for President and Vice President
of the United States in accordance with Section 7100, 7300,7578, or 7843, submits
6900, the party shall submit to the Secretary of State its a certified list of nominees
for electors of President and Vice President of the United States, the The Secretary
of State shall notify each candidate for elector of his or her nomination by the party.
The Secretary of State shall cause the names of the candidates for President and Vice
President of the several political parties to be placed upon the ballot for the ensuing
general election and any independent candidate pursuant to section 8304.
§ 6902(a) At the general election in each leap year, or at any other time as may be
prescribed by the laws of the United States, there shall be chosen by the voters of the
state as many electors of President and Vice President of the United States as the
state is then entitled to. (b) An elector shall be elected in each congressional district
if the candidate to whom that elector has pledged to vote received a plurality of the
popular vote cast in that congressional district. The two at-large electors shall be
elected if the candidates to whom those electors have pledged to vote received a
plurality of the popular vote cast in the state.
SEC. 3. Section 6903 of the Elections Code is amended to read:
§6903. On or before the day of meeting of the elector, the Governor Secretary of
State shall deliver to the electors a list of the names of each electors elected pursuant
to section 6902, and he or she shall perform any other duties relating to presidential
electors which are required of him or her by the laws of the United States.
6904. The electors elected pursuant to section 6902 chosen shall assemble at the
State Capitol at 2 o’clock in the afternoon on the first Monday after the second
Wednesday in December next following their election.
§ 6905. In case of the death or absence of any elector chosen, or if the number of
electors is deficient for any other reason, the electors then present shall elect,
pursuant to subdivision (b) of section 6902 from the citizens of the state, as many
persons as will supply the deficiency.
§ 6906. The electors, when convened, if both candidates are alive, shall vote by
ballot for that person for President and that person for Vice President of the United
States, who are, respectively, the candidates of the political party or independent
candidate which they represent and have pledged to vote. one of whom, at least, is
not an inhabitant of this state.
§ 6907. The electors shall name in their ballots the person voted for as President, and
in separate ballots the person voted for as Vice President.
§ 6908. The electors shall make separate lists of all persons voted for as President
and of all persons voted for as Vice President, and of the number of votes for each
cast pursuant to Section 6906, which lists they shall sign, certify, seal, and transmit
by mail to the seat of the Government of the United States, directed to the President
of the Senate.
SEC. 4. Section 6909 of the Elections Code is amended to read:
6909. Each presidential elector shall receive ten dollars ($10) for his or her services,
and mileage at the rate of five cents ($0.05) per mile for each mile of travel from his
or her domicile to the State Capitol and return. Their accounts therefore shall be
certified by the Secretary of State, and audited by the Controller, who shall draw his
or her warrants for the same on the Treasurer, payable out of the General Fund.
Presidential electors shall not receive compensation for their services, nor shall
electors be reimbursed for travel or other expenses incurred in the performance of
their duties as electors.
SEC. 5. Severability: If any provisions of this Act, or part of thereof is for any
reason held to be invalid or unconstitutional, the remaining provisions shall
not be affected, but shall remain in full force and effect, and to this end
the provisions of this Act are severable.
END
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