AB 1413 makes “technical changes” to election law
by Brian Leubitz
A bill by Asm. Paul Fong would eliminate the write-in line on the “general” election ballot next November. From Ballot Access News:
On January 10, at 1:30 p.m., the California Senate Elections Committee will hear AB 1413. The bill abolishes write-in space on general election ballots for Congress and partisan state office. It also makes various other technical changes that will alter the top-two system passed by the voters in June 2010, when they approved Proposition 14 by a 53.7-46.3% margin.
Existing law says the ballot should contain write-in space, but that write-ins cannot be counted. It is wildly irrational for the existing law to leave write-in space on the ballot and yet say they can never be counted. There are two obvious ways to fix this: either repeal the law that says write-ins can’t be counted; or change the law to eliminate write-in space on ballots. The author of AB 1413, Assemblyman Paul Fong, has chosen the more repressive choice. (Ballot Access News)
Clearly we don’t need to have a line on the ballot that we aren’t going to count. And you can understand the logic that since we are doing a “top-2” election system we don’t need that line. The proponents of Prop 14, certainly argue as much. However, what if there are changed situations which make the two candidates unacceptable. It gives no opportunity to change our minds from June to November. So…recall it is then?
Anyway, it is an interesting question to consider as you enjoy some unseasonably warm weather.
We need a none of the above line like Nevada. If Republicans in Congressional District 35 dont like the choice between Joe Baca or Gloria Mcleod they should be able to vote None of the above, it would be non binding, but it would show how awful Prop 14 was.
Or if you are from the Democratic Party the Gary Miller versus Ed Royce race, Democrats would love to use it too.
Or better yet Assemblyman Fong should restore the write in vote in a ballot measure this November where as long as you dont run in the Top 2 primary you can be a write in candidate.
Don’t Vote.
The number of signatures required for a recall is based on the number of votes cast in the previous election. If the top-two approach results in a final contest with two unacceptable candidates, refuse to vote, and then fire up the recall machine with a lower signature threshhold.
(Does not apply to Federal offices.)
I’ve been paying attention to all the litigation and legislation relating to the top-two process (which I absolutely hate. One of the dumbest laws ever). That said, in this circumstance Fong got it right. The proponents of Prop 14 said they intended to eliminate write-ins in the general election and simple screwed up leaving the uncounted space on the ballot. Opponents of top 2 sued. They lost. The court said not only would write-ins not be counted, but that the space should not be printed. So all Fong is doing is fixing a drafting error and codifying the court’s ruling. Sounds like the definition of a technical clean-up to me.