Local Electoral Freedom Act
This act adds and amends provisions of the Elections Code; therefore, new provisions proposed to be added are printed in italic type to indicate that they are new.
SEC. 1. Title
This act shall be known and may be cited as the “Electoral Freedom of Choice Act.”
SEC. 2. Findings and Declarations: The People of the State of California hereby find and declare all of the following:
(a) Under the existing system of plurality elections, voting for one’s first-choice candidate can help one’s last-choice candidate win. This is called the “spoiler” or “split-vote” effect. It is even possible that voting for one’s last-choice candidate can help one’s first-choice candidate win. Voters must strategize, rather than vote their conscience. This makes plurality elections an inaccurate and distorted measure of the will of the people.
(b) Current plurality elections often allow candidates to win even though a majority of voters did not cast a vote for them.
(c) Traditional runoff elections are not an acceptable solution for widespread use because they are expensive and time-consuming and historically have unacceptably low voter turnout. Furthermore, two-round runoffs adequately remove spoiler effects only when the number of candidates is one more than the number of winners.
(d) Several voting methods exist that nearly eliminate these problems without incurring the expense and inconvenience of runoff elections. These include instant runoff voting for single-winner elections and single transferable vote methods for multiple-winner elections. These systems are more fair, accurate, and efficient than those provided by state law.
(e) One chartered county and two chartered cities in California have already passed ballot measures authorizing the use of instant runoff voting. Voters in general law cities and counties also deserve the right to choose for themselves to adopt modern voting systems.
SEC. 3. Purpose and Intent: The People of the State of California hereby declare their purpose and intent in enacting this act to be as follows:
To grant the voters of cities and counties the right to adopt voting methods that are more fair, accurate, efficient, and legitimate than the methods specified by state law, such as instant runoff voting or single transferable vote methods.
SEC. 4.
A new Section 8143.5 is added to the Elections Code, to read:
Alternative provisions to those preceding in this Article may be enacted by the voters of a city or county.
Section 8804 of the Elections Code is amended to read:
8804.
Notwithstanding Sections 8803 and 8810, any candidate who has been
nominated at any primary election for superior court judge in which election
there were at least two other candidates and who, after the date prescribed for
the filing of declaration of candidacy pursuant to Article 2 (commencing with
Section 8020) of Chapter 1 of Part 1, has been appointed to any federal or
state office, may request the county elections official to have his or her name
removed from the ballot of the next ensuing general election. If the request is received by the county
elections official at least 68 days before the next ensuing general election,
the county elections official shall remove the candidate's name from the
ballot. If a candidate's name is
removed from the ballot pursuant to this section, the two remaining candidates
who received the highest number of votes cast on all the ballots of all the
voters participating in the primary election for nomination for that office of
superior court judge shall be the candidates for that office at the ensuing
general election, and their names as candidates for that office shall be placed
on the official ballot at the ensuing election. Alternative provisions may be enacted by the voters of a county.
Section 8807 of the Elections Code is amended to read:
8807. If the vacancy
occurs among candidates chosen at the direct primary to go on the ballot for
the succeeding general election for a nonpartisan office, the name of that
candidate receiving at the primary election the next highest number of votes
shall go upon the ballot to fill the vacancy.
Alternative provisions may be enacted by the voters of a city or
county.
Section 11385 of the Elections Code is amended to read:
11385. If at a
recall election an officer is recalled, the candidate receiving the highest
number of votes, or is elected under the exceptions noted in Section 15452,
for the office shall be declared elected for the unexpired term of the recalled
officer.
Part (d) of Section 15452 of the Elections Code is added to the Elections Code, to read:
15452. The person who receives a plurality of the votes cast for any office is elected or nominated to that office in any election, except:
(a) An election for which different provision is made by
any city or county charter.
(b) A municipal election for which different provision is made by the laws under which the city is organized.
(c) The election of local officials in primary elections as specified in Article 8 (commencing with Section 8140) of Part 1 of Division 8.
(d) An election for which different provision is made by the voters of any city or county.
Section 10262 of the Elections Code is amended to read:
10262. The governing
body of the city shall meet at its usual place of meeting on the second Tuesday
after the election to canvass the returns and to install the newly elected
officers. The body shall declare
elected the persons for whom the highest number of votes were cast for each
office, or who was elected or nominated under the exceptions noted in
Section 15452. Upon the completion
of the canvass and before installing the new officers, the body shall pass a
resolution reciting the fact of the election and the other matters that are enumerated
in Section 10264.
Part (a) of Section 10551 of the Elections Code is amended to read:
(a) No later than the Monday before the first Friday in December
the county elections official shall declare the elected candidate or
candidates. If there is but one person
to be elected to an elective office, the candidate receiving the highest number
of votes cast for the candidates for that office shall be declared elected. If there are two or more persons to be
elected to an elective office, those candidates equal in number to the number
to be elected who receive the highest number of votes for the office shall be
declared elected. The exceptions
noted in Section 15452 apply to this section.
Section 10600 of the Elections Code is amended to read:
10600. When one
member of the governing board of a school district or community college
district is to be elected, the candidate receiving the highest number of votes
shall be elected. When two or more
members are to be elected, the two or more candidates receiving the highest
number of votes shall be elected. Each
voter may vote for as many candidates as there are members to be elected. The ballot shall contain instructions
stating the maximum number of candidates for whom each voter may vote. The exceptions noted in Section 15452
apply to this section.