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This legislation will be filed with the Attorney General on March 1, 2008.

  

The California Electoral Reform Act.

Section 1.Requires political parties to nominate a presidential elector

from each Congressional District and two additional statewide electors. 

Requires presidential electors to pledge that

they will cast their ballots for the presidential and vice-presidential candidates

who receive the plurality of votes in their congressional districts or, in the

case of statewide electors, for the candidates who receive the plurality of

votes in the state. All political power is inherent in the people. Government

is instituted for their protection, security, and benefit, and they have the

right to alter or reform it when the public good may require. The initiative

is the power of the electors to propose statutes and amendments to the

Constitution and to adopt or reject them.

CALIFORNIA CONSTITUTION: ARTICLE 4:  LEGISLATIVE; SEC. 1. 
 The legislative power of this State is vested in the 
California Legislature which consists of the Senate and 
Assembly, but the people reserve to themselves the powers 
of initiative and referendum.

Note: Text added is denoted in underline type.

Text deleted is denoted in strikeout type.

 

 THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

 

 Section 2.  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) The number of presidential elector nominees shall be equal to the total

number or presidential electors of the State pursuant to Section 1 of

Article II of the United States Constitution.

(c) The political party nominating a candidate for President of the United

States and a candidate for Vice President of the United States shall submit

to the Secretary of State a certified list of presidential elector nominees who

have pledged to vote for the candidates of that political party as follows: 

(1) 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.

(2) The elector selected on the basis of a congressional district must be a

resident of that district.  

(3) The elector selected on a statewide basis must be a resident of the state.

(4) 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.

(5) 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.

(6) If an elector resigns or is disqualified to serve as an elector because of

his or her failure to meet the applicable requirements of paragraphs (1) to (5),

inclusive, or if the elector expresses a intent to violate his or her pledge

signed pursuant to paragraph (5), the political party that nominated the

elector may replace the elector with a person who meets these requirements.  

(d) 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.

(e) A group of candidates for nomination as a presidential elector for an

independent candidate for President of the United States and for Vice

President of the United States pursuant to section 8303 shall also meet

the requirements of subdivision (1) to (5).

 

Section 3.  Section 6901 of the Elections Code is amended to read:

6901.  Whenever a political party selects nominees for electors of 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, theThe Secretary of State shall

notify each candidate for elector of his or her nomination by the party. 

The Secretary of State shall also 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.

 

Section 4.  Section 6903 of the Elections Code is amended to read:

  6903.  On or before the day of meeting of the electors, the  Governor 

Secretary of State  shall deliver to the electors a list of the names of each

electors 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.

 

 Section 5.  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 receive no compensation for their services, nor shall electors be

reimbursed for travel or other expenses incurred in the performance of

their duties as electors.      

 

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

 

 

         

 

 

May 10, 2007 VERSION

  The initiative will amend the Election Code, Sections 6900, 6901, 6903, and 6909,

and to repeal Sections 7100, 7300, 7578, and 7843.

 PRESIDENTIAL ELECTORS
   Existing law provides for statewide election of a slate of
electors to vote in the electoral college for President and Vice
President of the United States.  Under existing law, the electors of
the political party who receive the highest number of votes statewide
are certified as the state's presidential electors.  Under existing
law, each political party selects its slate of presidential electors
in accordance with statutory procedure that differ by party.
   This initiative would repeal existing procedures for selection of
presidential electors, and instead require that political parties nominate 
an elector in each congressional district and 2 electors on a statewide 
basis, in accordance with the rules of the political party with which the 
elector is affiliated.  Under the initiative, an elector selected on the 
basis of a congressional district is required to be a resident of that 
district and an elector selected on a statewide basis is required to 
be a resident of the state.  Under the initiative, an elector would be 
required to be a 
member of the political party that nominates the elector at the time of 
the nomination and during the 4 years preceding the nomination, unless the 
political party was not registered as a party during that period.  The 
initiative would require each elect or nominee to sign a pledge that he 
or she will 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 the two electors 
selected on a statewide basis, unless those candidates are no longer alive 
at the time the elector's vote is cast.  The initiative would authorize a 
political party to replace an elector who becomes disqualified to serve as 
an elector, or who expresses an intent to violate his or her pledge to vote 
for specified Presidential and Vice Presidential candidates, with a person 
who meets these requirements.
   The initiative would further provide that if a political party does not
have rules concerning the procedure for selecting electors by the time 
electors must be selected, the presidential candidate for the party shall 
select the electors.
   Existing law requires the Governor to deliver a list of the names of 
electors to the electors on or before the day of the electors' meeting.
   This bill would require the Secretary of State to deliver the list
instead of the Governor.
   Existing law provides that electors be compensated for their services 
and reimbursed for mileage to and from the State Capitol, as specified.
   This initiative would eliminate that authorization for compensation to
electors or reimbursement of their expenses. 
 THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
 SECTION 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.  Whenever a political party selects nominees for electors of 
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 also 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.
  SEC. 3.  Section 6903 of the Elections Code is amended to read:
   6903.  On or before the day of meeting of the electors, the  Governor   
Secretary of State  shall deliver to the electors a list of the names of 
electors, 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.
  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 offive 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 ofState,
 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 receive no 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.  Section 7100 of the Elections Code is repealed.  
   7100.  In each year of the general election at which electors of President 
and Vice President of the United States are to be chosen,each congressional 
nominee shall designate one presidential elector and shall file his or her name, 
residence and business address withthe Secretary 
of State by October 1 of the presidential election year.  Each United States 
senatorial nominee, determined by the last
two United States senatorial elections, shall designate one presidential elector 
and shall file his or her name, residence and
business address with the Secretary of State by October 1 of the presidential 
election year.  In the event there is no United States
senatorial nominee or no congressional nominee in any particular district, the 
state chairperson shall designate one presidential
elector for each vacancy and shall file his or her name, residence and business 
address with the Secretary of State by October 1 of the
presidential election year. 
  SEC. 6.  Section 7300 of the Elections Code is repealed.  
   7300.  In each year of the general election at which electors ofPresident 
and Vice President of the United States are to be chosen,
the Republican nominees for Governor, Lieutenant Governor, Treasurer,Controller, 
Attorney General, and Secretary of State, the Republican
nominees for United States Senator at the last two United States senatorial 
elections, the Assembly Republican leader, the Senate
Republican leader, all elected officers of the Republican State Central 
Committee, 
the National Committeeman and National
Committeewoman, the President of the Republican County Central Committee 
Chairmen's Association, and the chairperson or president of
each Republican volunteer organization officially recognized by the Republican 
State Central Committee shall act as presidential electors, except that Senators, 
Representatives, and persons holding an office of trust or profit of the United 
States shall not act as
electors.  The remaining presidential elector positions, and any vacant positions, 
shall be filled by appointment of the chairperson
of the Republican State Central Committee in accordance with the bylaws of the 
committee.  The name, residence address, and business
address of each appointee shall be filed with the Secretary of State by October 
1 of the presidential election year.  The Republican State
Central Committee shall adopt bylaws implementing this section.
  SEC. 7.  Section 7578 of the Elections Code is repealed.  
   7578.  In each year of the general election at which electors of President and 
Vice President of the United States are to be chosen,the convention shall also 
nominate as the candidates of its party as many electors of President and Vice 
President of the United States asthe state is then entitled to, and shall certify 
the name of each elector nominated, and his or her residence address to the 
Secretaryof State. 
  SEC. 8.  Section 7843 of the Elections Code is repealed.  
   7843.  In each year of the general election at which electors of President and 
Vice President of the United States are to be chosen,the convention meeting of 
the state central committee shall also nominate as the candidates of its party 
as many electors of President and Vice President of the United States as the state 
is then entitled to, 50 percent of whom shall be women and 50 percent men,unless 
an odd number of electors is to be chosen, in which case the difference between 
the number of women and men shall be not more than one.  The chairperson of the 
state central committee shall certify the name of each elector nominated, and 
the elector's residence address to the Secretary of State. 
    
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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