This chapter applies only to partisan primary elections.
Chapter 6Partisan Primary Elections
Section § 13500
This law states that the rules in this chapter are relevant only for primary elections where candidates are associated with political parties.
partisan primary elections political party primaries primary election rules party-affiliated candidates election campaigns candidate selection party nomination process voter registration ballot access political party elections
Section § 13501
This law specifies that the Secretary of State must include information in the state voter information guide explaining that voters who haven't stated a political party preference can't vote in party primary elections unless the party allows it.
The Secretary of State's website must display which parties permit non-party-preference voters to vote in their primaries and how voters can request such ballots.
County election officials are required to include this information in their guides and on their websites. They must also notify voters via email, and if consent is given, by text, about their options to vote in a party's primary.
(a)CA Elections Code § 13501(a) The Secretary of State shall include in the state voter information guide the information specified in subdivision (a) of Section 9083.5, including a statement explaining that a voter who has declined to disclose a political party preference may not vote in a political party’s primary election unless the political party has authorized a voter who has declined to disclose a political party preference to vote in its primary election.
(b)CA Elections Code § 13501(b) The Secretary of State shall make all of the following information available on the Secretary of State’s
Internet Web site:
(1)CA Elections Code § 13501(b)(1) A statement that a voter who has declined to disclose a political party preference may vote in a political party’s partisan primary election if the political party, by party rule duly noticed to the Secretary of State, authorizes a voter who has declined to disclose a political party preference to vote in the next ensuing partisan primary election.
(2)CA Elections Code § 13501(b)(2) The name of each political party that authorizes a voter who has declined to disclose a political party preference to vote in the partisan primary election.
(3)CA Elections Code § 13501(b)(3) A statement that a voter who has declined to disclose a political party preference may request the ballot of one of the political parties that authorizes a voter who has declined to disclose a political party preference to vote in the partisan primary election.
(c)CA Elections Code § 13501(c) A county elections official shall include all of the information described in paragraphs (1) to (3), inclusive, of subdivision (b) in the nonpartisan county voter information guide prepared pursuant to Section 13300 and shall make the information available on the official’s Internet Web site. In addition, the county elections official shall send an email to the email address of a voter who has declined to disclose a political party preference notifying the voter that he or she may request a political party’s ballot at the next ensuing partisan primary election if the political party has so authorized. The county elections official shall also provide the notice to a voter who has declined to disclose a political party preference by text message if the voter has provided written consent to receive text messages from the county elections official.
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Section § 13502
This law explains how voters in California who don't disclose a political party preference can still participate in partisan primary elections. It requires that voters who are registered with no party preference receive notifications that certain political parties may allow them to vote in their primaries if authorized. Before each primary election, election officials must send these voters information and an application to request a ballot for a specific party if that party permits it. Voters can request these party ballots through various means like phone, internet, mail, or even text message, without needing to provide a signature in most cases. If a voter with no party preference receives a nonpartisan ballot but wants to vote in a party primary, they can return their non-voted ballot and request a new one for the authorized party. Finally, the Secretary of State must provide a uniform application format for these requests.
(a)CA Elections Code § 13502(a) With each nonpartisan vote by mail ballot that is sent to a voter who has declined to disclose a political party preference, the county elections official shall include a notice informing the voter that the voter may request a political party’s ballot at the next ensuing partisan primary election if the political party has so authorized.
(b)CA Elections Code § 13502(b) Prior to each partisan primary election, county elections officials shall mail to every voter who has declined to disclose a political party preference a notice and application regarding voting in the primary election.
(1)CA Elections Code § 13502(b)(1) The notice shall inform the voter that the voter may request a
vote by mail ballot for a particular political party for the primary election, if that political party adopted a party rule, duly noticed to the Secretary of State, authorizing these voters to vote in their primary election. The notice shall also contain a toll-free telephone number, established by the Secretary of State, that the voter may call to access information regarding which political parties have adopted such a rule.
(2)CA Elections Code § 13502(b)(2) The application shall contain a list of political parties that have authorized a voter who has declined to disclose a political party preference to vote that party’s ballot, and next to each party’s name, a box to mark indicating that the voter wishes to vote that party’s ballot. The application shall also require the voter to provide personal identifying information that matches the information contained on the
voter’s affidavit of registration, including their first and last names, home address, and date of birth, and shall require the voter to sign the application. The notice or application shall instruct the voter that they may request a vote by mail ballot for the party they select by submitting the completed application to the appropriate county elections official in person, by mail, email, or facsimile transmission, or by other electronic means made available by the county elections official.
(c)CA Elections Code § 13502(c) In addition to the method specified in subdivision (b) and any other method permitted by law, a voter who has declined to disclose a political party preference may request the ballot of a political party that has authorized a voter who has declined to disclose a political party preference to vote in its partisan primary election as described in this
subdivision. A voter requesting a ballot pursuant to this subdivision shall provide identifying information that matches the information contained on the voter’s affidavit of registration, including their date of birth, home address, and first and last names. If requesting a ballot pursuant to paragraph (3), the voter must also provide their signature. The voter may request a ballot as follows:
(1)CA Elections Code § 13502(c)(1) By telephone subject to the following conditions:
(A)CA Elections Code § 13502(c)(1)(A) A person shall not request a party’s ballot pursuant to this section using the name of, or on behalf of, another person.
(B)CA Elections Code § 13502(c)(1)(B) Prior to being asked for personal identifying information, a voter requesting a party’s ballot pursuant to this section shall be advised as follows:
“Only the registered voter themself may request a ballot from a political party. A request for a party’s ballot that is made by any person other than the voter is a criminal offense.”
(C)CA Elections Code § 13502(c)(1)(C) The voter’s signature shall not be required.
(2)CA Elections Code § 13502(c)(2) On an application over the internet if available. The voter’s signature shall not be required.
(3)CA Elections Code § 13502(c)(3) By a written statement application submitted in person, or by mail, email, or facsimile transmission.
(4)CA Elections Code § 13502(c)(4) By text message to the appropriate elections official, if the county has established a system for processing such a request. The voter’s signature shall not be required.
(d)CA Elections Code § 13502(d) A voter who has declined to disclose a political party preference and who has received a nonpartisan vote by mail ballot may return their unvoted ballot to the county elections official and request and receive a vote by mail ballot, or appear to vote in person and receive a ballot, for a political party if the political party has authorized a voter who has declined to disclose a political party preference to vote in its partisan primary election.
(e)CA Elections Code § 13502(e) The Secretary of State shall prepare and distribute to county elections officials a uniform application format for a voter to request a political party’s ballot at the next ensuing partisan primary election if the political party has so authorized.
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Section § 13502.5
This law pertains to voters in California who have chosen not to identify with any political party and are voting in a presidential primary election. Such voters receive a nonpartisan ballot which includes a notice explaining that they cannot vote for a presidential candidate unless they request a partisan ballot.
The notice outlines which political parties allow these 'No Party Preference' voters to participate in their primaries and directs them to ask for a ballot from their county elections office if they wish to do so.
Additionally, the notice may point voters to more details in their voter information guide or on their county's elections website. It can also provide further instructions on how to request a partisan ballot or a remote vote-by-mail ballot if needed, and advises on the procedures for processing such ballots.
(a)CA Elections Code § 13502.5(a) This section applies to a nonpartisan ballot provided to a voter who has declined to disclose a political party preference for use in voting in a presidential primary election.
(b)Copy CA Elections Code § 13502.5(b)
(1)Copy CA Elections Code § 13502.5(b)(1) A notice shall be printed on the ballot, in substantially the following form, that advises the voter of at least the following information:
(A)CA Elections Code § 13502.5(b)(1)(A) You are registered as a No Party Preference voter and therefore ineligible to vote for a presidential candidate unless you request and vote a partisan ballot.
(B)CA Elections Code § 13502.5(b)(1)(B) The following parties allow a No Party Preference voter
to vote in their presidential primaries: [list of parties]. You may
request a ballot to vote in one of these primaries from your county elections official.
(2)CA Elections Code § 13502.5(b)(2) The notice printed on the ballot shall also advise the voter that they may find the additional information described in subdivision (c) in the voter information guide or on the county elections official’s internet website.
(c)CA Elections Code § 13502.5(c) The notice printed on the ballot may advise the voter of additional information, including the following:
(1)CA Elections Code § 13502.5(c)(1) A list of means available in the county for the voter to request a partisan ballot.
(2)CA Elections Code § 13502.5(c)(2) A statement that if the voter wishes to vote in the presidential primary of a party that does not permit a No Party Preference voter to
vote, the voter must update their voter registration and request the ballot of that party.
(3)CA Elections Code § 13502.5(c)(3) A list of means available in the county for the voter to request a remote accessible vote by mail ballot, in case the voter is unable to request and receive a partisan ballot in time to return it for an upcoming election.
(4)CA Elections Code § 13502.5(c)(4) A description of the county’s procedures for accepting and processing a remote accessible vote by mail ballot.
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