SPONSOR: Electoral Reform Working Group

PRESENTER:

Chris Collins

674 10th St. #14

Oakland, CA.

(510) 444-2298

SUBJECT: California Green Party Election Code - First Draft

BACKGROUND AND PURPOSE:

This effort began around 1999. It is intended to allow the Green Party of California to determine its electoral policy and procedures by having a Green Party section of the California Election Code.

PROPOSAL: Thirty Minutes of Plenary time.

Attached are two draft documents for a California Green Party Election Code. One of these 'Presidential Primaries' is proposed language which determines the Green Party of California's methods and means for running our Presidential Primary elections, and the determination of Presidential delegates. The second draft document 'Political Party Organization' determines our internal county and state election and organization structures.

Two additional references:

A September 2001, resolution from the Green General Assembly empowering the ERWG to create a Green Election Code section:

http://www.cagreens.org/plenary/archives/minutes/0109Min_Bur.pdf

And attached, a subsequent email from Caleb Kleppner to the ERWG with a recommended course of action.

This draft election code is presented to the GA, in line with the earlier GA resolution, for education, critique, criticism, discussion, and creating strategy for a future final draft to come back to the GA later in this year.

COMMITTEE DECISION:

The ERWG by consensus empowered a subcommittee to complete this draft. The current ERWG Election Code subcommittee is comprised of Warner Bloomberg, Chris Collins, Valerie Face, Ray Glock-Grueneich, Gerry Gras, Chris Page, Jim Stauffer.

This subcommittee has continuing concerns with some of the language of this first draft. There are concerns with our state legislature and the process with which they will handle this Green Election Code language. There are concerns that the California State Secretary of State, might want or demand to alter or reject language in this draft. There are concerns that Green Election Code language might end in litigation.

There might be some unknown fiscal costs to get this or other language into State Election Code.

TIMELINE: This Election Code should come back to the GA at the next plenary in a final draft form for consensus. Upon having the final language, it will be introduced into the state legislature early in 2005 for the new legislative session.

RESOURCES: Unknown.

SECTION 1. Chapter 5 (commencing with Section 6960) is added to part 1 of

Division 6 of the Election 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.

[Jonathan Lundell wrote 4/7/04: Title & 6960. There's a sort of side-mention in 6965.6 saying that all this applies to other offices as well. That's presumably what we want, so how about making it general from the get-go, including the title?]

6960.5. The Green Party presidential primary ballot shall express the presidential preference of California voters who are registered as members of the Green Party. 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 Green Party of the United States.

[Section 6960.5 Notes: Jim Stauffer has raised the concern that the above language is too general to be accepted by the Secretary of State and may have legal problems. An alternate approach would be to use the procedures used by other political parties -- i.e., require that delegates committed to a particular candidate be identified through a pre-primary petition and caucus process and either appear on the Primary ballot or be certified after the Primary Election vote is known. Warner Bloomberg has suggested that the GPCA should spend funds to obtain the legal opinion of an elections law specialist on this issue.]

[JL 4/7/04: 6960.5 & Jim's concerns. In an IRV election, is "NOTA" a reasonable term? I'd have thought NOC might be more to the point. A voter can vote for one or more "of the above" and then NOC, after all.]

6960.7. A filing fee shall not be required from any person to be voted for at any Green Party presidential primary.

[JL 4/7/04 6960.7. may -> shall][done]

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 Green Party of the United States.

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 him or her that, while a respo nse 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 he or she intends to place on the ballot at the following presidential primary election. Following this announcement, the Secretary of State may add to his or her selection, but he or she 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 his or her 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 he or she 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 his or her name placed on the presidential preference primary ballot shall have nomination papers circulated on his or her 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.

[JL 4/7/04] 6963.5. Is the timing for nomination papers specified elsewhere?]

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.

[Section 6964. Notes: Question whether this provision is needed and whether it will cause legislative approval problem. This provision included in 2003 LAO report re draft GPCA EC provisions.]

6964.4. The following language shall be included in each Green Party voter's ballot and upon the applicable internet publication of the Secretary of State : [Effect of NOTA voting. Draft text needed.]

6964.5. 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," 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" shall be processed, tabulated, and reported in the same manner as the votes for all other candidates who appear on the ballot.

6964.6 The provisions of the above Sections 6964.4 and 6964.5 providing for an explanation and the alternative of "None of the Above" as a vote selection alternative also shall be used in the Green Party primary elections for nomination of its candidates for U.S. Senate, U.S. Congress, statewide offices and state legislature offices.

Article 3. Ranked Ballot Voting.

6965. Notwithstanding any other provision of this Code, the Green Party presidential primary election also shall use ranked ballot voting and votes, including votes for "None of the Above", shall be counted 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[IDEA], second edition, Stockholm, Sweden: pp.83-84).

[JL 4/7/04 6965. Choice voting is appropriate for elections that fill multiple seats. For our primaries, that'd only be the case for the State Board of Equalization. All the other offices want IRV, not Choice.]

6965.5. The following language shall be included in each Green Party voter's ballot and upon the applicable internet publication of the Secretary of State : [Explanation of ranked ballot voting. Draft text needed.]

6965.6 The provisions of the above Sections 6965 and 6965.5 providing for an explanation and ranked ballot voting [shall also be used and apply] in the Green Party primary elections for nomination of its candidates for U.S. Senate, U.S. Congress, statewide offices and state legislature offices.

[JL 4/7/04 6965.6. This isn't a sentence.] [See correction.]

Article 4. 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.

[JL 4/7/04 6968. Delete first comma.] [Done]

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

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 papersk 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 5. Green Party Presidential Primary Ballot

6973. Upon the filing of nomination papers, the presidential preference primary candidates as well as the "None of the Above" alternative shall be printed upon the ballot.

[JL 4/7/04 6973. This sentence reads sort of funny. "Upon filing ... < something> shall be printed...". But nothing gets printed "upon filing"; the phrase implies timing.]

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) The heading "Presidential Preference Ranking-designate the order of preference for instant runoff voting" shall be included.

(b) Selected and unselected presidential candidates and the "None of the Above" 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 they shall begin with the words: "Rank the candidate options, including 'None of the Above', by indicating '1' for your first choice, '2' for your second choice, and so on. Delegates to the national convention will be selected after the primary election."

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 6. 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 Green Party of the United States for the Green Party of California.

6975.5. [Unresolved whether to state express procedures for selection of delegates vs. general reference to GPCA Bylaws and procedures.]

[JL 4/7/04 6975.5. I'd strongly recommend a reference to our bylaws & procedures. It's likely to change over time, and we don't want to have to go through this again to adapt.]

6975.6. The Secretary of State shall, not later than the 60th day after the election, file in his of her office a statement of the canvassed returns for the Green Party presidential preferential primary, including each round of ranked ballot voting (as applicable), compiled from the returns filed with the Secretary of State by the county elections officials. The compiled statement shall show for each candidate and the "None of the Above" alternative (as applicable under the instant runoff voting procedures) the total votes received statewide and the total votes received in each county.

6975.7. [Unresolved whether to expressly state that GPCA delegates shall vote at the national convention proportionally to reflect primary election results.]

[JL 4/7/04 6975.7. No, for a lot of reasons. This raises the question, though, of whether we want to specify IRV for the presidential primary. IRV does not really rank its results; order of IRV elimination is not a particularly good measure of overall preference rank, and it certainly doesn't give proportional results for allocating delegates.]

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.

DIVISION 7. POLITICAL PARTY ORGANIZATION AND CENTRAL COMMITTEE ELECTIONS

SECTION 1. Part 6 (commencing with Section 7885) is added to Division 7 of the Election Code, to read:

PART 6. GREEN PARTY OF CALIFORNIA

CHAPTER 1. GENERAL PROVISIONS

7875. This part applies to the organization, operations, and functions of tht 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

7876. At each direct primary election, members of central committees that shall be termed county councils shall be elected in each county.

7877. 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.

7878. The number of members of county councils 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.

7879. 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([IDEA], second edition) unless an election official certifies in writing that the cost of compliance with Green Party bylaws or the Green Party section of the state election code exceeds $1 per registered voter or the per voter cost of the Democratic or Republican primary, in which case election officials shall work in good faith to achieve the spirit of the Green Party bylaws and the Green Party section of the state election code using alternative or provisional means, such as allowing Greens or election workers to count ballots by hand or delaying counting of Green party ballots until after all other election results have been certified. Multi-member districts shall conform to the county boundaries or recognized jurisdictional boundaries of districts within the county in accordance with Green Party bylaws. However, county Green Parties may choose to modify the method of selecting their county council or the size of their county council 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. The county council will have the total elected members to which it is entitled. 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.

[Section 7879 Comments. Compare with GPCA Bylaws. Further discussion?} [Jonathan Lundell wrote 4/7/04: 7879. "The county council will have the total elected members to which it is entitled." This seems like an empty statement. What's the point?

WRT the last sentence, we should specify the Method of Equal Proportions as the means by which seats are allocated to districts.]

CHAPTER 3. ELECTION OF COUNTY COUNCILS

7880. 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.

7881. 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.

7882. 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.

7883. 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 he or she resides.

7884. 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 with the alternate of “None of the Above” also printed as the last entry on that ballot, and this shall be done regardless of the number of candidates and the number of such offices.

[JL 4/7/04 7884. "one of the Above"? Regardless, I think the proper term for a multi-seat choice election is NOC, not NOTA.]

7885. 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.

7886. 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.

7887. Notwithstanding any other provision of this code, up to seven candidates for member of a county council in a single county council election district may have their 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.

[JL 4/7/04 7887. We say "up to seven", and later "number of members of a county council". But a county council can be as few as three, and as many as, what, 15? Presumably we mean the latter.]

7888. 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 therefor on the applicable official lists.

7889. 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, except that the alternative of "None of the Above" shall appear last on the Green Party county councils candidates lists.

[JL 4/7/04 7889. NOC again.]

7890. 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.

[JL 4/7/04 7890. "__th___": what's the second blank for?] [Could be either Supervisorial or Assembly, depending on what districting is being used in very populated counties -- i.e., Los Angeles County. WB 4/16/04]

7891. 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.

7892. Except as hereinafter otherwise provided, the votes cast for each candidate for member of county councils and votes cast for “None of the Above” 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 July 20th 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.

[JL 4/7/04 7892. July 20: I'm guessing that this was copied from old language dating from when we had June primaries. We should probably be saying something like "the 20th day of the month following the primary election".

Also, NOC. And we should be consistent in capitalizing "liaison" here and in the other code section.]

7893. 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

7900. The Coordinating Committee shall function as the state central committee of the Green Party of California.

7901. 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.

[JL 4/7/04 7901. "shall the responsibilities"??] [See correction]

7902. 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.

7910. The state coordinating committee shall hold meetings not less than once during each year.

7920. The Green Party state coordinating committee shall have power to appoint interim county council members in the following counties:

(a) Counties in which the voters have not elected one or more members of a county council in the preceding direct primary election;

(b) Counties in which all members of a county council are removed from office or cease to be registered as affiliated with the Green Party of California. Persons appointed as interim county council members pursuant to this section shall meet the qualifications otherwise required for county council members. Notice of appointments pursuant to this section shall be filed by the Green Party of California with the elections official of the county for which the appointment is made. Interim county council members and the county councils thereby created by appointment pursuant to this section shall have all the powers and privileges otherwise afforded to county councils.

[Section 7920 Comments. Jim Stauffer proposes that the GPCA CC should be able to recognize new local county organizations but not appoint interim county councils. Need to check language in GPCA Bylaws.]

[JL 4/7/04 7920. "three or more", perhaps?

WRT Jim's comments, if necessary, we should be prepared to propose bylaws changes contingent on the passage of these code sections, if necessary. The whole thing is obviously going to require bylaws-level GA approval anyway.]

7930. 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

7940. 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.

7941. No person shall be appointed to membership on a county council unless she or he is registered as a voter affiliated with the Green Party of California in that county.

7942. 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.

7943. Any member of a county council who registers as a member of another political party shall automatically be removed from office upon such registration. Any member of a county council may be removed from office if they violate the Bylaws of the Green Party of California or county organization bylaws.

[JL 4/7/04 7943. Implies that a county council member can register DTS and keep his/her seat.]

7944. 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.

7945. If no members of county council have been elected in a county at the preceding direct primary election or, if for any reason all the members of a county council are removed from office or cease to be registered as affiliated as members of the Green Party, then an interim county council with full powers may be appointed as provided in the bylaws of the Green Party of California.

[See above Section 7920 Comments.]

[JL 4/7/04 7945. This repeats 7920 language. Do we really need to say it twice?]

7950. 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.

7951. All meetings of the committee shall be held in quarters which shall be accessible to persons with disabilities.

[See PFP EC Section 7871.]

*The Rap on our Election Code Section*

Caleb Kleppner, and Jeanne Rosenmeier,

Re: Moving forward with a Green Party election code section

Date: Nov 2001

Section 5005 of the California Election Code specifies that newly qualified political parties must adopt the Election Code section of an existing party until the legislature creates a new section of theElections Code that applies to the new party:

5005. Until otherwise provided for by statute, a political party newly qualified pursuant to Section 5100 shall carry on its activities inaccordance with procedures applicable to any other political party that has detailed statutory provisions applicable to its operation as shall be designated by the newly qualified party. The temporary officers of the newly qualified political party elected pursuant to Section 5001 shall file notice of its selection with the Secretary of State not later than 30 days after the political party qualifies.

When the Green Party of California gained ballot status in 1992, we adopted the Peace and Freedom section of the Elections Code. We have used it since then, although certain provisions of this section conflict with the bylaws of the Green Party of California and issues such as our presidential nomination are not specified.

To address this situation, we adopted a resolution at our September 2001 plenary specifying the provisions that we wish to include in our election code section.

*We are therefore attempting to identify state legislators who would be willing to draft actual statutory language for us and then introduce the bill as soon as possible.* Please contact us if you know of a legislator who may be willing to draft and introduce the legislation.

The provisions adopted by the Green Party of California are the following:

1. Allow counties to use *choice voting (proportional representation) to elect county councils*.

2. Give GPCA the *option of using instant runoff voting (IRV) and None of the Above (NOTA)* in primary elections.

3. Specify that nominations for Green Party of California candidates for President and Vice-president of the United States, and other federal and state partisan offices, *occur by primary election and not a convention*.

4. Require *all candidates for county council to appear on the ballot*.

5. *Elastic clause:* (a) Any aspects of Green Party elections that are not specified in this section shall be controlled by the bylaws of the Green Party of California. (b) If an election official certifies in writing that the cost of compliance with our bylaws or the Green Party section of the state election code exceeds a particular amount ? such as $1 per registered voter or the per voter cost of the Democratic or Republican primary ? then election officials shall work in good faith to achieve the spirit of the bylaws using alternative or provisional means. Such provisional approaches shall include but are not limited to: allowing Greens or election workers to count ballots by hand, delaying counting of Green party ballots until after all other election results have been certified, and so forth.

6. *Green Party nominees for partisan office *are not automatically candidates for county council. Under the Peace and Freedom section of the elections code, partisan nominees are automatically elected as members of the county council.

7. Any needed *housekeeping provisions* of the Peace and Freedom section of the elections code relating to presidential nominations (Division 6, Part 1, Chapter 4), central committees (Division 7, Part 5) and elections of central committee members (Division 15, Chapter 6, Article 5). One such existing condition allows state and local parties to use state buildings free of charge.

If you think one of your state representatives might be willing to draft and/or introduce this legislation, please contact me at xxx-xxx-xxxx or xxx@xxxxxxxx.xxx. We will be glad to work with you as you contact your representative and attempt to get the legislation introduced.