SECTION 1. Statement of Findings and Declaration of Purpose 

 

A. Californians have been clear that they want our election system to encourage broad participation and to provide meaningful choices among candidates in both primary and general elections. 

 

B. In 2010, the voters of California were asked to experiment with a so-called “open primary.”  They were promised that the “open primary” would reduce partisanship, lessen the influence of special interests, and promote cooperation amongst elected officials.

 

C. The experiment failed. Political partisanship is worse than ever in both Washington D.C. and Sacramento. Special interests have more control over our politics than ever.  Voters are too frequently forced to choose from just two candidates from the same political party in the general election.  When that occurs, entire segments of voters are left without any candidate who reflects their views.    

 

D. It is time to end the experiment and return to a system that will expand voter choice and encourage broader participation. 

 

SECTION 2: Undo the Top-Two

 

Section 5 of article II of the California Constitution is amended to read (additions in underlined type and deletions in strikeout type.

 

SEC. 5.  (a) The Legislature shall provide for primary elections for partisan offices, including A voter-nomination primary election shall be conducted to select thecandidates for congressional and state elective offices in California.All voters may vote at a voter-nominated primary election for any candidate for congressional and state elective office without regard to the political party preference disclosed by the candidate or the voter, provided that the voter is otherwise qualified to vote for candidates for the office in question. The candidates who are the top two vote-getters at a voter-nominated primary election for a congressional or state elective office shall, regardless of party preference, compete in the ensuing general election.

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(b) Except as otherwise provided by Section 6, a candidate for a congressional or state elective office may have his or her political party preference, or lack of political party preference, indicated upon the ballot for the office in the manner provided by statute. A political party or party central committee shall not nominate a candidate for any congressional or state elective office at the voter-nominated primary. This subdivision shall not be interpreted to prohibit a political party or party central committee from endorsing, supporting, or opposing any candidate for a congressional or state elective office. A political party or party central committee shall not have the right to have its preferred candidate participate in the general election for a voter-nominated office other than a candidate who is one of the two highest vote-getters at the primary election, as provided in subdivision (a).

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(b) (c) The Legislature shall provide for partisan elections for presidential candidates, and political party and party central committees, including an open presidential primary whereby the candidates on the ballot are those found by the Secretary of State to be recognized candidates throughout the nation or throughout California for the office of President of the United States, and those whose names are placed on the ballot by petition, but excluding any candidate who has withdrawn by filing an affidavit of noncandidacy.

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(c) (d) A political party that participated in a primary election for a partisan office THE has the right to participate in the general election for that office and shall not be denied the ability to place on the general election ballot the candidate who received, at the primary election, the highest vote among that party’s candidates.