California Proposition 62 (2004)
Encyclopedia
Proposition 62 was a California ballot proposition
on the November 2, 2004 ballot. It failed to pass with 5,119,155 (46.1%) votes in favor and 5,968,770 (53.9%) against.
Officially known as the Voter Choice Open Primary Act, the proposition was an initiative
constitutional amendment
and statute
that provided for a modified blanket primary (two-round
) election system like that used in the state of Louisiana
.
Under the provisions of the proposition, instead of traditional partisan primary election
s for statewide offices (in which voters have to be registered
with a political party
to choose the nominee of that party in the primary), all candidates for election would appear on the primary election ballot (first round ballot), and all voters could vote for any candidate regardless of the party affiliation of the voter or candidates. The two candidates with the most votes (regardless of party or lack thereof) would later appear on the general election (second round) ballot.
Prop 62 would have affected elections to all statewide elected officers
(Governor
, Lieutenant Governor
, Attorney General
, Insurance Commissioner
, Controller
, Secretary of State, and Treasurer
), for the California State Legislature
, and for federal congressional
elections (to both the U.S. House of Representatives
and the U.S. Senate
. The proposition did exempt presidential primary elections
and elections of party central committees.
The provisions of Proposition 62 conflicted with those of Proposition 60
, which the California State Legislature
referred
on the ballot. That proposition essentially re-affirmed the existing partisan primary system. The California Constitution
provides that if the provisions of two approved propositions are in conflict, only the provisions of the measure with the higher number of "yes" votes at the statewide election take effect. Since Prop 60 passed and Prop 62 did not, the issue was moot.
Summary of Legislative Analyst's Estimate of Net State and Local Government Fiscal Impact:
California ballot proposition
In California, a ballot proposition is a proposed law that is submitted to the electorate for approval in a direct vote . It may take the form of a constitutional amendment or an ordinary statute. A ballot proposition may be proposed by the State Legislature or by a petition signed by members of...
on the November 2, 2004 ballot. It failed to pass with 5,119,155 (46.1%) votes in favor and 5,968,770 (53.9%) against.
Officially known as the Voter Choice Open Primary Act, the proposition was an initiative
Initiative
In political science, an initiative is a means by which a petition signed by a certain minimum number of registered voters can force a public vote...
constitutional amendment
Constitutional amendment
A constitutional amendment is a formal change to the text of the written constitution of a nation or state.Most constitutions require that amendments cannot be enacted unless they have passed a special procedure that is more stringent than that required of ordinary legislation...
and statute
Statute
A statute is a formal written enactment of a legislative authority that governs a state, city, or county. Typically, statutes command or prohibit something, or declare policy. The word is often used to distinguish law made by legislative bodies from case law, decided by courts, and regulations...
that provided for a modified blanket primary (two-round
Two-round system
The two-round system is a voting system used to elect a single winner where the voter casts a single vote for their chosen candidate...
) election system like that used in the state of Louisiana
Louisiana
Louisiana is a state located in the southern region of the United States of America. Its capital is Baton Rouge and largest city is New Orleans. Louisiana is the only state in the U.S. with political subdivisions termed parishes, which are local governments equivalent to counties...
.
Under the provisions of the proposition, instead of traditional partisan primary election
Primary election
A primary election is an election in which party members or voters select candidates for a subsequent election. Primary elections are one means by which a political party nominates candidates for the next general election....
s for statewide offices (in which voters have to be registered
Voter registration
Voter registration is the requirement in some democracies for citizens and residents to check in with some central registry specifically for the purpose of being allowed to vote in elections. An effort to get people to register is known as a voter registration drive.-Centralized/compulsory vs...
with a political party
Political party
A political party is a political organization that typically seeks to influence government policy, usually by nominating their own candidates and trying to seat them in political office. Parties participate in electoral campaigns, educational outreach or protest actions...
to choose the nominee of that party in the primary), all candidates for election would appear on the primary election ballot (first round ballot), and all voters could vote for any candidate regardless of the party affiliation of the voter or candidates. The two candidates with the most votes (regardless of party or lack thereof) would later appear on the general election (second round) ballot.
Prop 62 would have affected elections to all statewide elected officers
Government of California
The government of California operates in the context of a democratic republic with three branches of government: the executive branch consisting of the Governor of California and the other elected constitutional officers; the legislative branch consisting of the California State Legislature which...
(Governor
Governor of California
The Governor of California is the chief executive of the California state government, whose responsibilities include making annual State of the State addresses to the California State Legislature, submitting the budget, and ensuring that state laws are enforced...
, Lieutenant Governor
Lieutenant Governor of California
The Lieutenant Governor of California is a statewide constitutional officer elected separately from the Governor who serves as the "vice-executive" of California. The Lieutenant Governor of California is elected to serve a four year term and can serve a maximum of two terms...
, Attorney General
California Attorney General
The California Attorney General is the State Attorney General of California. The officer's duty is to ensure that "the laws of the state are uniformly and adequately enforced" The Attorney General carries out the responsibilities of the office through the California Department of Justice.The...
, Insurance Commissioner
California Insurance Commissioner
California Insurance Commissioner is an elected executive office position in California. The officeholder is in charge of the California Department of Insurance.The current Insurance Commissioner is Democrat Dave Jones.- Duties :...
, Controller
California State Controller
The State Controller is the Chief Financial Officer of the State of California in the United States. The post has broader responsibilities and authority than the California State Treasurer...
, Secretary of State, and Treasurer
California State Treasurer
The California State Treasurer is responsible for the state's investment and finance. The post has more narrow responsibilities and authority than the California State Controller...
), for the California State Legislature
California State Legislature
The California State Legislature is the state legislature of the U.S. state of California. It is a bicameral body consisting of the lower house, the California State Assembly, with 80 members, and the upper house, the California State Senate, with 40 members...
, and for federal congressional
United States Congress
The United States Congress is the bicameral legislature of the federal government of the United States, consisting of the Senate and the House of Representatives. The Congress meets in the United States Capitol in Washington, D.C....
elections (to both the U.S. House of Representatives
United States House of Representatives
The United States House of Representatives is one of the two Houses of the United States Congress, the bicameral legislature which also includes the Senate.The composition and powers of the House are established in Article One of the Constitution...
and the U.S. Senate
United States Senate
The United States Senate is the upper house of the bicameral legislature of the United States, and together with the United States House of Representatives comprises the United States Congress. The composition and powers of the Senate are established in Article One of the U.S. Constitution. Each...
. The proposition did exempt presidential primary elections
United States presidential primary
The series of presidential primary elections and caucuses is one of the first steps in the process of electing the President of the United States of America. The primary elections are run by state and local governments, while caucuses are private events run by the political parties...
and elections of party central committees.
The provisions of Proposition 62 conflicted with those of Proposition 60
California Proposition 60 (2004)
Proposition 60 was an amendment of the Constitution of California, enacted in 2004, guaranteeing the right of a party participating in a primary election to also participate in the general election that follows...
, which the California State Legislature
California State Legislature
The California State Legislature is the state legislature of the U.S. state of California. It is a bicameral body consisting of the lower house, the California State Assembly, with 80 members, and the upper house, the California State Senate, with 40 members...
referred
Legislative referral
A Legislative referral is a form of referendum in which a legislature puts proposed legislation up for popular vote , rather than through the initiative or referendum process...
on the ballot. That proposition essentially re-affirmed the existing partisan primary system. The California Constitution
California Constitution
The document that establishes and describes the duties, powers, structure and function of the government of the U.S. state of California. The original constitution, adopted in November 1849 in advance of California attaining U.S. statehood in 1850, was superseded by the current constitution, which...
provides that if the provisions of two approved propositions are in conflict, only the provisions of the measure with the higher number of "yes" votes at the statewide election take effect. Since Prop 60 passed and Prop 62 did not, the issue was moot.
Official summary
- Requires primary elections where all voters may vote for any state or federal candidate regardless of how a voter or candidate is registered.
- Exempts presidential nominations and elections of party-central committees.
- Only the two primary election candidates receiving most votes for an office, whether they are candidates with "no party" or members of same or different party, would be listed on general election ballot.
- In special primary election, candidate receiving majority vote is elected.
- Requires political party's consent for identification of candidates' party registration on ballot and in other official election publications.
Summary of Legislative Analyst's Estimate of Net State and Local Government Fiscal Impact:
- No significant net fiscal effect on state and local governments.