Submitted by the Oaks Project in November 1997 for enactment by ballot proposition in California on November 3, 1998. A summary of this bill is available. The official current status of the bill is available.
“None of the Above” Voter Empowerment Act
Section 1. “None of the Above” Voter Empowerment ActChapter 5 (commencing with Section 400) is added to Division 0.5 of the Elections Code as follows: Option of Voting for None of the Above
Article 1: Findings and Purposes
400. Title.
This chapter shall be known as the “None of the Above” Empowerment Act.
401. Findings and Declarations.
The People of California find and declare as follows:
(a) As stated in Article 2 of the Constitution of California, “All political power is inherent in the people.” All elected representatives should accordingly represent the choices of the people.
(b) As state in Article 4 of the Constitution of California, “[T]he Founding Fathers established a system of representative government based upon free, fair, and competitive elections.”
(c) Uncontested elections, and elections in which the choice of candidates represents the “lesser of two evils,” dilute the freedom, fairness, and competitiveness of elections as well as the political power of the people to choose their representatives.
(d) In these situations, there is a compelling state interest that the people be offered the opportunity to reject unacceptable candidates and call for new elections with new candidates in order to preserve the integrity of representative government and to protect the constitutional principles of the State of California.
402. Purpose of This Law.
The purpose of this law is to restore to the People of California the power to choose their representatives, to increase public participation in elections, and to discourage negative campaigning by allowing voters to designate “none of the above” when voting in certain state elections.
Article 2: “None of the Above” Provision
403. “None of the Above” Ballot Designation.
Notwithstanding any other provision of law, commencing with the statewide general election of 1998, and in every subsequent statewide general election thereafter:
(a) In all statewide general elections for Governor, Lieutenant Governor, Attorney General, Controller, Secretary of State, Treasurer, and Insurance Commissioner, and in all general elections, other than primary and special elections, for Member of the Assembly and State Senator, voters shall be provided with the option of voting for “none of the above.”
(b) All ballots in elections set forth in subdivision (a) shall be amended to include an option to vote for “none of the above” in the same manner and style as voters may vote for any candidate. The ballots shall state, in clearly legible type, the following words next to the option to vote for “none of the above”: “(You may vote for either this option or a candidate, but not both.)”
(c) In all general elections for the offices set forth in subdivision (a), if the number of votes cast for “none of the above” is a plurality of the total votes cast, no candidate in that election may assume the office during that term.
Section 2. Vacancies by “None of the Above” Plurality Chapter 3 (commencing with Section 10730) is added to Part 6 of Division 10 of the Elections Code as follows: Vacancy Caused by a Plurality of Votes Cast for “None of the Above”
10730. Vacancy Caused by “None of the Above.”
When, pursuant to subdivision (c) of Section 403 of the Elections Code, no candidate in a general election for any office specified in subdivision (a) of Section 403, may assume office because the number of votes cast in that election for “none of the above” is a plurality of the total votes cast, an election shall be held, pursuant to Chapters 3 and 4, Part 6, of Division 10 of the Elections Code, to fill the vacancy thus created.
10731. Proclamation by the Governor to Fill Vacancy.
Notwithstanding any other provision of law, the Governor shall issue a proclamation calling an election to fill the vacancy caused by a plurality of votes cast for “none of the above.” The proclamation shall be issued no more than 6 calendar days after the date of the election in which the plurality for “none of the above” was cast. The election shall be held no less than 60 days, and no more than 90 days, following the date of the election in which the plurality for “none of the above” was cast.
10732. Vacancies in Office; Rejected Candidates.
Candidates, other than write-in candidates, who run for office in a general election at which the number of votes cast for “none of the above” is a plurality of the total votes cast shall be prohibited from competing in any subsequent election during that term to fill the vacancy thus created or from being appointed to fill such vacancy pending the new election.
10733. Date of Vacancies.
Any office that is unfilled pending the new election shall be filled by temporary appointment by the Governor or left vacant beginning on the date that the officer would normally assume his or her duties in accordance with the laws regulating special elections.
Section 3. New Elections To Be Held
Chapter 4 (commencing with Section 10740) is added to Part 6 of Division 10 of the Elections Code as follows: New Elections to Fill Vacancies10740. Vacancy Elections; Ballots
In the elections to fill the vacancy created by a plurality vote for “none of the above,” the ballots shall include an option for “none of the above.” The ballots shall state, in clearly legible type, the following words next to the option to vote for “none of the above”: “(You may vote for a candidate as well.)”
10741. Tally of Votes in Vacancy Elections.
In the new elections for offices set forth in subdivision (a) of Section 403, any voter may cast his or her vote for any listed candidate, a write-in candidate, “none of the above,” or both “none of the above” and any listed candidate or write-in candidate. All votes cast for “none of the above” shall be tallied as such. However, if “none of the above” wins a plurality, there will be no new elections, and the candidate for whom the most votes are cast shall assume office.
10742. Partisan Designation; Nomination.
(a) Parties are free to choose candidates for the new elections to fill vacancies in any manner permitted by law. Notwithstanding Section 8400 of the Elections Code, individuals desiring to stand for the new elections who have not been designated by a party may qualify as candidates for the new elections by gathering in petitions the names, addresses, and signatures of qualified California voters, the number of which must equal at least one-half of 1 percent of the total number of votes cast in the last election for that office where an individual won election. Voters may validly sign the petitions of an unlimited number of potential candidates.
(b) Notwithstanding Section 8403 of the Elections Code, the nomination petitions of these persons attempting to qualify as candidates for the new elections shall not be circulated more than 54 days before the election is held to fill the vacancy and shall be submitted to the county elections officials and the Secretary of State for examination not less than 34 days before the election.
(c) Any qualified individual who received a number of write-in votes in the last election for the same office equal to at least one-half of 1 percent of the total number of votes cast in the last election for that office where an individual won election shall automatically qualify as a candidate in the new election.
10743. Candidate Statements for Vacancy Elections.
Notwithstanding any other provision of law, each candidate who qualifies for the new election may prepare a statement of no more than 250 words for the sole purpose of describing the candidate’s qualifications for office and proposed policies. Each county elections official shall assemble the statements into a ballot pamphlet, at no cost to the candidates, and distribute the pamphlet to the electorate at least 7 calendar days before the new election shall take place. The pamphlets shall be made available at the places of polling for the new election.
10744. Applicability of the Political Reform Act.
All persons involved in any new elections held under this Act shall comply with campaign finance laws in the same manner as persons involved in state general elections.
Section 4. Miscellaneous Provisions Section 305(d) of the Elections Code is added to read: 305. “Candidate”; “Candidate for Public Office”
(d) “Candidate,” for the purposes of instructions to voters, printing of ballot and ballot materials, and vote tallies and election returns as used in Sections 13204, 13208, 13211, 15059, 15060, 15101, 15102, 15251, 15309 and 15310 of the Elections Code shall include the designation “none of the above” with regard to general elections for the offices specified in subdivision (a) of Section 403.
Section 5. Construction.
This Act shall be liberally construed and applied in order to promote fully its purposes, as set forth in Section 1 of this Act.
Section 6. Limits on Legislative Amendments.
No provision of this Act may be amended by the Legislature except to further the purposes of that provision by a statute passed in each house by roll call vote entered in the journal, two-thirds of the membership concurring, or by a statute that becomes effective only when approved by the electorate. No amendment by the Legislature shall be deemed to further the purposes of this Act unless it furthers the purpose of the specified provision of this Act that is being amended. In any judicial action with respect to any legislative amendment, the court shall exercise its independent judgment as to whether or not the amendment satisfies the requirements of this section.
Section 7. Severability.
If any provision of this Act or the application thereof to any person or circumstances is held invalid, that invalidity shall not affect other provisions or applications of the Act that can be given effect in the absence of the invalid provision or application. To this end, the provisions of this Act are severable.
Section 8. Effective Date.
This law shall become effective immediately upon enactment.
11/9/97