DRAFT GPCA ELECTIONS CODE SECTIONS
PROPOSED REVISIONS NOV. 3, 2005
DIVISION 6. PRESIDENTIAL ELECTIONS
PART 1. PARTISAN PRESIDENTIAL PRIMARIES
Chapter 5 (commencing with Section 6960) is added to
Part 1 of Division 6 of the Elections Code, to read:
CHAPTER 5. GREEN PARTY PRESIDENTIAL PRIMARY
Article 1. General Provisions
6960 This
chapter is applicable to the presidential primary ballot of the Green Party
only. As used in this chapter, "Green Party" means the Green Party
of California.
6960.5 The Green
Party presidential primary ballot shall express the presidential preference
of California voters who vote in the Green Party primary. National convention
delegates shall be selected as
provided for in the Bylaws and procedures of the Green Party and pursuant to
the rules of the national political party with which the Green Party has
affiliated.
6960.7 A filing
fee shall not be required from any person to be voted for in any Green Party
presidential primary.
Article 2. Qualification of Candidates for Presidential
Preference Portion of Primary Ballot
6961 The
Secretary of State shall place the name of a candidate upon the Green Party
presidential preference ballot when the Secretary of State has determined
that the candidate is generally advocated for or recognized throughout the
United States or California as actively seeking the presidential nomination
of the Green Party or the national political party with which the Green Party
has affiliated.
6961.5 On or
before the 150th day preceding a presidential primary election, the Secretary
of State shall send a letter by first-class mail to the Green Party liaison
to the Secretary of State informing her or him that, while a response is not
required, any information they wish to submit will be considered by the
Secretary of State in the determination of candidates to be placed on the
Green Party presidential preference primary ballot pursuant to Section 6961.
6962 On or
before the 120th day preceding a presidential primary election, the Secretary
of State shall publicly announce and distribute to the news media for
publication a list of the candidates she or he intends to place on the ballot
at the following presidential primary election. Following this announcement,
the Secretary of State may add to her or his selection, but she or he may not
delete any candidate whose name appears on the announced list. The Secretary
of State shall mail a copy of the list and any subsequent additions thereto
to the Green Party's liaison to the Secretary of State.
6962.5 When the
Secretary of State decides to place the name of a candidate on the ballot
pursuant to Sections 6961 and 6962, the Secretary of State shall notify the
candidate that her or his name will appear on the Green Party presidential
preference primary ballot of this state.
6963 If a
selected candidate or an unselected candidate files with the Secretary of
State, no later than the 68th day before the presidential primary, an
affidavit stating without qualification that she or he is not a candidate for
the office of President of the United States at the forthcoming presidential
primary election, the name of that candidate shall be omitted from the list
of names certified by the Secretary of State to the elections official for
the ballot and the name of that candidate shall not appear on the
presidential preference portion of the primary ballot.
6963.5 Any
unselected candidate desiring to have her or his name placed on the
presidential preference primary ballot shall have nomination papers
circulated on her or his behalf. In order to qualify the name of that
candidate for placement on the presidential preference primary ballot, the
nomination papers of the candidate shall be signed by voters registered as
affiliated with the Green Party equal in number to not less than 1 percent of
the number of persons registered as members of the Green Party as reflected
in the report of registration issued by the Secretary of State on the 135th
day preceding the presidential primary election.
6964
Notwithstanding any other provision of law, if the Secretary of State
receives a written communication from the Green Party Liaison to the
Secretary of State stating that, by decision of the Green Party, certain
individuals have been approved to appear on the ballot, those persons shall
be placed on the Green Party presidential preference primary ballot.
Article 3.
None of the Above/ No Other Choice Voting
6964.4 (A)
Notwithstanding any other provision of law, in addition to the name or names
of a candidate or candidates designated to appear on the ballot of the Green
Party presidential primary election, there shall also be listed as an
alternative voting selection the statement "None of the Above/No Other
Choice," which shall be placed as the last voting option following the
names of the other candidate or candidates. Every vote for "None of the
Above/No Other Choice" shall be processed, tabulated, counted, and
reported in the same manner as the votes for all other candidates who appear
on the ballot.
(B) When determining the winner of the Presidential
Primary for reporting purposes, the "None of the Above/No Other
Choice" option shall be declared the winner only if it receives the
majority of votes. Otherwise, the candidate with the majority or highest
plurality shall be declared the winner.
(C) When processing the ranked ballots described in
Article 4 below, if a voter does not rank all candidates but neglects to rank
the “No Other Choice” option, that ballot shall be counted and processed as
if “No Other Choice” was the voter’s last ranking.
6964.5
(A) The following provisions
shall remain in effect until the first statewide election occurring after the
Secretary of State has certified voting equipment in all counties of the
State of California that is capable of recording and reporting the ranked
ballot described in the following Article 4.
The following language shall be included in each Green
Party voter's ballot and upon the applicable internet publication of the
Secretary of State:
You may vote for “None of the Above” in the Green Party
presidential primary. Selecting the
“None of the Above” alternative means that you choose not to vote for any of
the listed candidates or any write-in candidate. By this selection you are indicating that you prefer there be
no Green Party candidate for this office in the General Election.
(B) The provisions of the preceding Subsection
(A) shall be terminated and the provisions of this Subsection (B) shall
become effective and operate for and after the first statewide election
occurring after the Secretary of State has certified voting equipment in all
counties of the State of California that is capable of recording and
reporting the ranked ballot described in the following Article 4.
The following language shall be included in each Green
Party voter's ballot and on the applicable internet publications of the
Secretary of State:
You may vote for “No Other Choice” in the Green Party
presidential primary. Selecting the
“No Other Choice” alternative means that you choose not to vote for any
additional candidates beyond those you have already ranked, including any
write-in candidate that you have ranked.
If you do not rank all candidates on the ballot, rank “No Other
Choice” as your last selection to indicate that you have finished ranking
your choices. By doing this, you are indicating that you prefer no candidate
be placed on the General Election ballot other than one of those who you have
ranked.
Article 4.
Ranked Ballot Voting.
6965
Notwithstanding any other provision of this Code, for and after the first statewide election
occurring after the Secretary of State has certified voting equipment in all
counties of the State of California that is capable of recording and
reporting the ranked ballot described in this Article 4., the Green Party
presidential primary election shall use ranked ballot voting and votes,
including votes for "No Other Choice".
The ranked ballot system required by this Article 4 is
the Alternative Vote electoral system described in the International IDEA
Handbook of Electoral System Design (Institute for Democracy and Electoral
Assistance), second edition, Stockholm, Sweden. That system, as applied here,
is modified to allow a plurality winner, which may be necessary with the “No
Other Choice” voting option.
The Alternative Vote system allows voters to express
their preferences among the candidates by ranking them numerically starting
with “1” as their first choice. If no candidate crosses the 50% threshold on
the first tally, the candidate with the lowest number of first choice votes
is eliminated. The votes for that candidate are then transferred in whole to
each voters’ second choice. The tally and transfers are repeated in this
manner until a candidate crosses the threshold or until all ballots have been
exhausted.
6965.5 The
following language shall be included in each Green Party voter's ballot and
on the applicable internet publication of the Secretary of State for and after the first statewide election
occurring after the Secretary of State has certified voting equipment in all
counties of the State of California that is capable of recording and
reporting the ranked ballot described in this Article 4.
You may indicate your preferences among Green Party
presidential candidates by ranking those candidates (including any write-in
candidates) on your ballot. Indicate
your first choice among candidates (including write-in candidates) by voting
“1” for that candidate. Indicate your
second choice by voting “2”. Continue
in this manner until there are no candidates remaining for whom you wish to
express a preference. You do not have
to rank all candidates, in which case you will indicate that you have
finished the ranking by choosing “No Other Choice” as your last ranked
choice.
Article 5. Preparation, Circulation, and Filing of
Nominating Papers
6966 This
article applies to the nomination of a Green Party candidate for the
presidential primary ballot.
6966.5
Nomination papers properly prepared, circulated, signed, and verified
shall be left for examination with the elections official of the county in
which they are circulated, at least 74 days prior to the presidential
primary.
6967 Each signer
of a nomination paper for the presidential primary ballot may sign only one
paper. The signer shall add his or her printed name and place of residence
indicating city and giving the street and number, if any.
6967.5 Any
nomination paper may be presented in sections. Each section shall contain the
name of the presidential preference candidate. Each section shall bear the
name of the county in which it is circulated. Only voters of the county
registered as affiliated with the Green Party are competent to sign.
6968 Each
section shall be prepared with the lines for signatures numbered, and shall
have attached the declaration of the circulator who obtained signatures to
it, stating, under penalty of perjury, that he or she is a voter registered
as affiliated with the Green Party, that all the signatures to the attached
section were made in his or her presence, and that to the best of his or her
knowledge and belief each signature to the section is the genuine signature
of the person whose name it purports to be. No other declaration is required
to be made.
6968.5 A
verified nomination paper is prima facie evidence that the signatures are
genuine and that the persons signing it are voters registered as affiliated
with the Green Party until it is otherwise proven by comparison of the
signatures with the affidavits of registration in the office of the elections
official.
6969 The
nomination paper for a candidate for the presidential preference ballot shall
be in substantially the following form:
SECTION OF NOMINATION PAPER SIGNED BY VOTER ON BEHALF OF
PRESIDENTIAL PREFERENCE PRIMARY CANDIDATE
Section _____
Page _____
County of __________
Nomination paper of a presidential preference candidate
for the Green Party presidential primary ballot.
State of California
)
) ss.
County of ______
)
SIGNER'S STATEMENT
I, the
undersigned, am a voter of the County of _________, State of California, and
am registered as afilliated with the Green Party. I hereby nominate _________ for the presidential primary ballot
of the Green Party, to be voted for at the presidential primary to be held on
the ___ day of _______ 20__. I have
not signed the nomination paper of any other candidate for the same office.
Number
Signature Printed Name Residence Street Address
City
1.
2.
3.
Etc.
CIRCULATOR'S DECLARATION
I, __________,
affirm that I am a voter registered as affiliated with the Green Party in
_________ County, that I secured signatures in the County of _________ to the
nomination paper of a candidate in the presidential preference primary of the
Green Party, that all the signatures on this section of the nomination paper
numbered from 1 to ___, inclusive, were made in my presence, that the
signatures were obtained between _______, 20__ and _________, 20__, and that
to the best of my knowledge and belief each signautre is the genuine
signature of the person whose name it purports to be.
I declare under penalty of perjury that the foregoing is
true and correct.
Executed at ________, California, this ____ day of ____,
20__.
[Signed]
______________________________
Circulator
[Printed Name]
_____________________________
6969.5 Prior to
filing, the sections of a nomination paper for any candidate shall be
numbered in order.
6970 Nomination
papers, properly assembled, may be consolidated and fastened together by
counties, but nomination papers signed by voters in different counties shall
not be fastened together.
6970.5 The
elections official shall examine all nomination papers left with him or her
for examination and shall disregard and mark "not sufficient" the
name of any voter of that county that does not appear in the same handwriting
on an affidavit of registration in the office of the elections official. The
elections official shall also disregard and mark "not sufficient"
the name of any voter of the county who is not registered as affiliated with
the Green Party.
6971 Within five
days after any nomination papers are left with the elections official for
examination, the elections official shall do both of the following:
(a) Examine and affix to them a certificate reciting
that he or she has examined them and stating the number of names that have
not been marked "not sufficient."
(b) Transmit the papers with the certificate of
examination to the Secretary of State, who shall file the papers.
6971.5 The certificate
of the elections official to nomination papers of a candidate shall be in
substantially the following form:
CERTIFICATE OF ELECTIONS OFFICIAL TO NOMINATION PAPERS
OF CANDIDATE OR GROUP OF CANDIDATES
To the Secretary of State:
I, County
Elections Official of the County of ________, hereby certify that I have
examined the nomination papers to which this certificate is attached, of the
presidential candidate at the ensuing presidential primary, and that the
number of names which have not marked "not sufficient" is
_____. The candidate or group of
candidates named in the nomination papers comprise the following (state names
of candidates):
____________
___________ ______________
____________
___________ ______________
____________
___________ ______________
Etc.
Etc. Etc.
Dated this ___
day of _________, 20__.
__________________________
(SEAL) County Elections
Official
By
_______________________
Deputy
6972 Upon
receipt of a sufficient number of signatures for the nomination of a
candidate for the presidential preference primary ballot, the Secretary of
State shall notify the candidate or his or her duly authorized representative
of that fact.
Article 6. Green Party Presidential Primary Ballot
6973 Following
the filing of nomination papers, the presidential preference primary
candidates as well as the "None of the Above/No Other Choice"
alternative shall be printed upon the ballot.
6973.5 For the
presidential primary election, the format of the Green Party ballot shall be
governed by Chapter 2 (commencing with Section 13100) of Division 13, with
the following exceptions:
(a) Until the
first Primary Election occurring after the Secretary of State has certified
voting equipment in all counties of the State of California that is
capable of recording and reporting the ranked ballot described in the above
Article 4., the heading "Presidential or No Candidate Preference"
shall be included. For and after the
first Primary Election occurring after the Secretary of State has certified
voting equipment in all counties of the State of California that
is capable of recording and reporting the ranked ballot described in
the above Article 4., the heading
"Presidential Preference Ranking - designate the order of preference
among candidates " shall be included.
(b) Selected and unselected presidential candidates and
the "None of the Above/No Other Choice" alternative shall be listed
below the heading specified in subdivision (a).
(c) The instruction to voters shall be the same as
provided for in Chapter 2 (commencing with Section 13100) of Division 13,
except that until the first Primary Election occurring after the Secretary of
State has certified voting equipment in all counties of the State of
California that which is capable of recording and reporting the ranked ballot
described in the above Article 4., they shall begin with the words "Vote
for a candidate or 'None of the Above'”; and after the Secretary of State has
certified voting equipment in all counties of the State of California which
is capable of recording and reporting the ranked ballot described in the
above Article 4., they shall begin with the words: "Rank the candidate
options, including 'No Other Choice', by indicating '1' for your first
choice, '2' for your second choice, and so on." The instruction to voters shall also
include the statement that "Delegates to the national convention will be
selected after the primary election." See Article 3 of this Chapterfor
reference regarding instructions to the voters.
6974 Any person
who believes his or her name may be used as a write-in candidate for
President of the United States shall, not later than 21 days before the
primary election, file an endorsement of his or her write-in candidacy with
the Secretary of State, or no votes shall be counted for that write-in
candidate.
Article 7. Certification of National Convention
Delegates Election and Postelection Proceedings
6975 The number
of delegates to be selected following the presidential preference primary
shall be the number established by the national political party with which
the Green Party has affiliated.
6975.5 National
convention delegates shall be selected
as provided for in the Bylaws and Procedures of the Green Party and
pursuant to the rules of the national political party with which the Green
Party has affiliated.
6975.6 (A) Until the first Primary Election occurring
after the Secretary of State has certified voting equipment in all counties
of the State of California that is capable of recording and reporting the
ranked ballot described in the above Article 4., the Secretary of State
shall, not later than the 30th day
after the election, file in his of her office a statement of the canvassed
returns for the Green Party presidential preferential primary, including
votes for write-in candidates and the "None of the Above"
alternative.
(B) At and after
the first Primary Election occurring after the Secretary of State has
certified voting equipment in all counties of the State of California that is
capable of recording and reporting the ranked ballot described in the above
Article 4., the Secretary of State
shall, not later than the 30th day
after the election, file in his or her office a statement of the canvassed
returns for the Green Party presidential preferential primary, including
write-in candidates and the " No Other Choice" alternative.
For public reporting, the Secretary of State may report
just the first choice votes for the statewide total and each county’s total.
However, the Secretary of State shall provide the raw data of the ranked
ballot voting, including all rankings and write-in candidates, to the Green
Party of California for their internal use in determining the voting
preference for their delegates to the national convention.
6975.7 SEC. 2.
Notwithstanding Section 17610 of the Government Code, if the Commission of
State Mandates determines that this act contains costs mandated by the state,
reimbursement to local agencies and school districts for those costs shall be
made pursuant to Part 7 (commencing with Section 17500) of Division 4 of
Title 2 of the Government Code. If the statewide cost of the claim for
reimbursement does not exceed one million dollars ($1,000,000), reimbursement
shall be made from the State Mandates Claims Fund.
CHAPTER 5A.
GREEN PARTY DIRECT PRIMARY PROCEDURES
Article 1.
General Provisions
6976 This
chapter is applicable to the direct primary election ballots of the Green
Party only. As used is this chapter,
“Green Party” means the Green Party of California.
6976.1 (A) Until the first Primary Election occurring
after the Secretary of State has certified voting equipment in all counties
of the State of California that is capable of recording and reporting the
ranked ballot described in the above Article 4., the Green Party primary
ballots to nominate candidates for partisan office shall include "None
of the Above" as a voting alternative for California voters who are
eligible to vote in the Green Party primary.
(B) At and after the first Primary Election
occurring after the Secretary of State has certified voting equipment in all
counties of the State of California that is capable of recording and
reporting the ranked ballot described in the above Article 4., the Green Party primary ballots to nominate
candidates for partisan office shall include ranked ballot voting and “No
Other Choice” as a voting selection for California voters who are eligible to
vote in the Green Party primary.
Article 2. None of the Above/No Other Choice Voting
6976.2
Notwithstanding any other provision of law, in addition to the name or
names of a candidate or candidates designated to appear on the ballot of the
Green Party primary election, there also shall be listed as an alternative
voting selection the statement "None of the Above/No Other Choice "
which shall be placed as the last voting option following the names of the
other candidate or candidates and places on the ballot for write-in
candidates. Votes for "None of
the Above/No Other Choice " shall be processed, tabulated, counted, and
reported in the same manner as the votes for all other candidates who appear
on the ballot.
When processing the ranked ballots described in Article
3 below, if a voter does not rank all candidates but neglects to rank the “No
Other Choice” option, that ballot shall be counted and processed as if “No
Other Choice” was the voter’s last ranking.
6976.3 (A) The following provisions shall remain in
effect until the first statewide election occurring after the Secretary of
State has certified voting equipment in all counties of the State of
California that is capable of recording and reporting the ranked ballot
described in the following Article 3.
The following language shall be included in each voter's
ballot in the Green Party direct primary elections for U.S. Senate, U.S.
Congress, statewide offices, state legislature offices, and State Board of
Equalization offices, and shall also be placed on any applicable internet
publication of the Secretary of State :
You may vote for “None of the Above” in the Green Party primary for this
office. Selecting the “None of the
Above” alternative means that you choose not to vote for any of the listed
candidates or any write-in candidate.
By this selection you are indicating that you prefer there be no Green
Party candidate for this office in the General Election.
(B) The provisions of the preceding Subsection
(A) shall terminated and the provisions of this Subsection (B) shall become
effective and operate for and after the first statewide election occurring
after the Secretary of State has certified voting equipment in all counties
of the State of California that is capable of recording and reporting the
ranked ballot described in the following Article 3.
The following language shall be included in each voter's
ballot in the Green Party direct primary elections for U.S. Senate, U.S.
Congress, statewide offices, state legislature offices, and State Board of
Equalization offices, and shall also be placed on any applicable internet
publication of the Secretary of State :
You may vote for “No Other Choice” in this primary. Selecting the “No Other Choice”
alternative means that you choose not to vote for any additional candidates
beyond those you have already ranked, including any write-in candidate that
you have ranked. If you do not rank
all candidates on the ballot, rank “No Other Choice” as your last selection
to indicate that you have finished ranking your choices. By doing this, you
are indicating that you prefer no candidate be placed on the General Election
ballot other than one of those who you have ranked.
6976.4 For the
offices of U.S. Senate, U.S.
Congress, statewide offices, state legislature offices, and State Board of
Equalization offices, and those offices only, if the alternative “None of the
Above/No Other Choice” receives votes
in a number more than one half of the total number of voters for that office,
no Green Party candidate will be nominated to appear on the ballot in the
General Election for the applicable office.
Article 3.
Ranked Ballot Voting.
6976.5
Notwithstanding any other provision of this Code, at and after the first Primary Election
occurring after the Secretary of State has certified voting equipment in all
counties of the State of California that is capable of recording and
reporting the ranked ballot described in this Article 3., the Green Party direct
primary elections for the offices of
U.S. Senate, U.S. Congress, statewide offices, state legislature offices, and State Board
of Equalization offices, also shall use the ranked ballot voting system
described in Chapter 5, Article 4 of this Section.
6976.6 At and
after the first Primary Election occurring after the Secretary of State has
certified voting equipment in all counties of the State of California that is
capable of recording and reporting the ranked ballot described in this
Article 3., the following language
shall be included in each Green Party voter's ballot and on any applicable
internet publication of the Secretary of State for the offices described in
this Chapter:
You may indicate your preferences among Green Party
candidates by ranking those candidates (including any write-in candidate) on
your ballot. Indicate your first
choice among candidates (including write-in candidates) by voting “1” for
that candidate. Indicate your second
choice by voting “2”. Continue in
this manner until there are no candidates remaining for whom you wish to
express a preference. You do not have
to rank all candidates, in which case you will indicate that you have
finished the ranking by choosing “No Other Choice” as your last ranked
choice.
DIVISION 7.
POLITICAL PARTY ORGANIZATION AND CENTRAL COMMITTEE ELECTIONS
Part 6 (commencing with Section 7900) is added to
Division 7 of the Elections Code, to read:
PART 6. GREEN
PARTY OF CALIFORNIA
CHAPTER 1.
GENERAL PROVISIONS
7900 This part
applies to the organization, operations, and functions of the party known as
the Green Party . As used in this
part, "Green Party" means the Green Party of California.
CHAPTER 2.
MEMBERS OF COUNTY COUNCILS
7901 At each
direct primary election, members of central committees, which shall be termed
“county councils,” shall be elected in each county.
7902 For the
purposes of this chapter, the registration figures used shall be those taken
from the statement of voters and their political affiliations transmitted by
the elections officials to the Secretary of State on the 135th day prior to
the next direct primary election.
7903 The number
of members of the county council to
be elected in a county shall be three if the county has less than 150
registered Green Party voters. Otherwise, the number of members of the county
council to be elected shall be the greater of: a) The number seven, or b) The
integer nearest the resulting quotient obtained by dividing 100 times the
number of Green Party registered voters in the county by the number of Green
Party registered voters in the state. If election is by districts, the number
to be elected for each district will be the number for the proportion of
registered Green Party voters in that district, using the Method of Equal Proportions.
However, county Green Parties may choose to modify the size of their county
ouncil by notifying the State Coordinating Committee, who shall in turn
notify the Secretary of State no later than 135 days prior to the direct
primary election.
7904 Members of County Councils shall be elected from one or more
multi-member districts. Multi-member districts shall conform to the county
boundaries or recognized jurisdictional boundaries of districts within the
county in accordance with Green Party bylaws.
(A) The
following provision shall remain in effect until the first statewide election
occurring after the Secretary of State has certified that the voting
equipment used in a county is capable of recording and reporting the ranked
ballot described in this Code regarding Green Party primary elections for
partisan office.
County Council members shall be elected using the
Limited Voting method. This method, as described in the International IDEA
Handbook of Electoral System Design (Institute for Democracy and Electoral
Assistance), second edition, limits each voter to some number of votes that
is fewer than the number of open seats. County Council elections shall use a
limit of X% of open seats (rounded to the nearest whole number).
(B) At and after
the first Primary Election occurring after the Secretary of State has
certified that the voting equipment used in a county is capable of recording
and reporting the ranked ballot voting described in this Code regarding Green
Party primary elections for partisan office, members of County Councils shall
be elected from one or more multi-member districts using Choice Voting, the
Single Transferable Vote (STV) form of proportional representation, using the
Droop threshold (one divided by one plus the number of seats) and fractional
transfers as described in the International IDEA Handbook of Electoral System
Design (Institute for Democracy and Electoral Assistance (second edition).
Vote transfers in this Choice Voting system shall follow
this convention:
1. First
choice votes are tallied for all candidates.
2. For
any candidate that has crossed the threshold, his or her excess votes above
the threshold are transferred to each voter’s next choice as a fractional
vote. The fraction of vote transferred for each voter is the quotient of the
surplus votes (those above the threshold) divided by the candidate’s total
vote in this round. That fraction is then applied to each voter’s ballot, and
is then transferred to the voter’s next choice at the fractional value. This
fractional value is applied to all remaining choices on the voter’s ballot.
3. After
all transfers are complete, the votes are tallied again. Steps 2 and 3 are
then repeated.
4. During
any round, if no candidate crosses the threshold the candidate with the
lowest vote count is eliminated. That candidate’s votes are transferred to
each voter’s next choice. The transfer is conducted using the full value of
the voter’s ballot, which may be a whole or fractional vote depending on
preceding rounds.
5. This
process continues until all seats are filled by candidates who have crossed
the threshold.
CHAPTER 3.
ELECTION OF COUNTY COUNCILS
7905 The
Secretary of State, no later than the 125th day before the direct primary
election, shall compute the number of members of county councils to be
elected in each county and shall mail a certificate to that effect to the
elections official of each county and to the Liaison to the Secretary of
State of the Green Party of California.
7906 The
elections official, no later than the 115th day before the direct primary
election, shall compute the number of members of county councils to be
elected in each district if the election of the members is to be by district pursuant to this chapter.
7907 In each
county, the name of each candidate for member of county councils shall appear
on the ballot only if she or he is registered in the Green Party and has
filed a nomination paper pursuant to Chapter 4 (commencing with Section 6700)
of Division 6 signed in the candidate‘s behalf by Green Party voters of the
county council election district in which she or he is a candidate.
7908 In
counties where members of county councils are to be elected by district, a
person seeking election as a member of a county council may seek election
only in the district in which she or he resides.
7909
Notwithstanding any other provision of law, the names of all
candidates nominated for election to a county council shall be printed on
this party’s ballot in that jurisdiction, and this shall be done regardless
of the number of candidates and the number of such offices.
7910
Notwithstanding any other provision of this code, a person may obtain
and circulate nomination papers both for nomination to a public office and
for election as a member of a county council.
7911 Notwithstanding
any other provision of this code, the number of sponsors which shall be
required of a person to be a candidate for member of a county council shall
be either: (a) Not less than 20; or (b) Not less than 2 percent of the number
of voters registered as affiliated with the Green Party in the county council
election district -- whichever is less.
7912
Notwithstanding any other provision of this code, each sponsor is
entitled to sponsor as many candidates as there are seats in the
district. Candidate names listed on a
single sponsor's certificate, and the signatures thereon shall be counted
toward the sponsor requirement of each and every candidate whose name is
listed on the certificate. However, in no case shall the number of candidates
having their names on a sponsor's certificate exceed the number of members of
a county council to be elected in the district.
7913 The
elections official of each county shall include the office of member of
county council and the candidates therefor in a place and manner similar to
that for the office of county central committee of other political parties
and the candidates therefore on the applicable official lists.
7914 The order
of appearance of the names of the candidates for member of county council on the ballot shall be determined by a public drawing held at
the time, place, and manner prescribed for determining the order of names of
county central committee members pursuant to Chapter 2 (commencing with
Section 13100) of Division 13.
7915 The office
of member of county council shall be
placed on the direct primary ballot under the heading "Party County Council " in the place and
manner designated for the office of county central committee pursuant to
Chapter 2 (commencing with Section 13100) of Division 13. The subheading printed under party central
committees on the direct primary ballot shall be in substantially the
following form: Member of Green Party County Council, ___th
__________ District or Member of the Green Party County Council, _______ County.
7916 A
certificate of election shall be issued to each elected member of county
councils by the officers charged with that duty of issuing certificates of
election to members of county central committees under Section 8145, using
the term county council in place of the term central committee.
7917 Except as
hereinafter otherwise provided, the votes cast for each candidate for member
of county shall be included in the canvass and statement of results in a
manner similar to the vote for each candidate for county central committees
pursuant to Division 15 (commencing with Section 15000), and specifically:
(a) The final
total of votes cast for each candidate for member of county council,
including the name, address and ballot designation of each such candidate,
and a specification as to which candidates were declared elected shall be
certified to the Secretary of State forthwith upon completion of the official
canvass. The county clerk shall simultaneously send one copy of this final
certification to the Green Party Liaison to the Secretary of State.
(b) As soon as
practicable after the direct primary election, the Secretary of State shall
prepare a certified list by county of all elected Green Party members of
county councils, including their addresses and primary election ballot
designations. The Secretary of State shall send copies of the list to the
registrar of voters in each county on or before the 20th day of July
following the direct primary election. This list shall be maintained for
public inspection by said registrars of voters until a subsequent such list
is received.
(c) The Secretary of State, no later than 45 days
following the direct primary election, shall send a notice by mail to each of
the elected members of county councils which shall inform that person that he
or she has been elected as a member of the county council. The Secretary of State shall send a copy
of the certified list of all elected members of all county councils to the
Green Party of California Liaison to the Secretary of State.
7918.
Notwithstanding any other provision of this Code, no write-in
candidate for member of county council shall be declared elected unless that
candidate has received a number of first choice votes equal to or greater
than 2 percent of the number of party members voting in the county council
election district at the direct primary or 20 votes, whichever is less.
CHAPTER 4.
STATE COORDINATING COMMITTEE
7919 The
members of the Coordinating Committee shall be elected as provided in the bylaws
of the Green Party of California and shall have the responsibilites described
in those bylaws.
7920 No person
shall be a member of the Coordinating Committee unless she or he is
registered as a voter affiliated with the Green Party of California.
7921 The state
coordinating committee shall hold meetings not less than once during each
year.
7922 The Green
Party state Coordinating Committee shall have power to recognize, as provided
by Green Party bylaws and pending confirmation by the General Assembly,
county council members in the following counties:
(a) Counties in which the voters have not elected three
or more members of a county council in the preceding direct primary election;
(b) Counties in which all members of a county council
have become disqualified from holding office. County council members pursuant to this section shall meet the
qualifications otherwise required for county council members. County council members confirmed under
this section shall be reported to the applicable county elections offcials.
County council members confirmed under this section shall have all the powers
and privileges otherwise afforded to county councils.
7923 In each
year of the general election at which electors of President and Vice
President of the United States are to be chosen, the Green Party of
California also shall 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, 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 Liaison to the Secretary of State of
the Green Party of California shall certify the name of each elector
nominated, and the elector's residence address to the Secretary of State.
CHAPTER 5.
COUNTY COUNCILS
7924 At its
first meeting following the direct primary election and at subsequent
meetings, a county council may appoint additional members to the county
council to fill any vacancy.
7925 No person
shall be appointed to membership on a county council who is registered with
another party or registered as "Decline to State." Appointment of
other persons who cannot register to vote shall be allowed under certain
circumstances as described in state Green Party bylaws and any applicable
county Green Party bylaws.
7926 The
removal of residence by an elected or appointed member of a county council
from the applicable county shall constitute the automatic resignation from
the county council.
7927 Any member
of a county council who changes her or his voter registration to be no longer
affiliated with the Green Party shall automatically be removed from office
upon such registration.
7928 County
Council members additionally may be removed for cause and by procedures
established in the Bylaws of the local Green Party organization.
7929 Whenever
any person is appointed to a county council, the county council shall file
notices of the appointment with the county elections official and the
coordinating committee of the Green Party of California within 30 days after
it is made. The notices shall contain
the name and address of the person appointed and shall indicate the date of
the appointment.
7930 The Department
of General Services shall permit any county council that desires to do so to
hold meetings in a state building within the county, and a minimum of one meeting each month shall be
without charge.
BYLAWS CHANGES REQUIRED FOR ELECTIONS CODE
Bylaws Article 4
addition relative to section 7925
Persons appointed to a county council may not be
registered with another party or registered as "Decline to State."
A person may be appointed to a county council who is not registered with the
Green Party but would be if not for prohibition due to citizenship, legal
status, age, or other such circumstances beyond the person's control.
Bylaws Article 4
addition relative to Div. 7, Part 6, Ch. 5
A Green Party member may choose to affiliate with
a Green Party county organization in another county than that in which she or
he resides. However, no member may vote on state Green Party internal
business in more than one county local.
Other code sections that require bylaw changes
6960.5 & 6975.5 National convention delegates shall be selected as provided for in the Bylaws and
procedures of the Green Party
7904
Members of County Councils shall be elected from one or more
multi-member districts. Multi-member districts shall conform to the county
boundaries or recognized jurisdictional boundaries of districts within the
county in accordance with Green Party bylaws.
7922 The
Green Party state coordinating committee shall have power to recognize, as
provided by Green Party bylaws and pending confirmation by the General
Assembly, county council members in the following counties:
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