Summary: California "None of the Above" Statue  

Abstract: 

    The March 7, 1999 CA ballot initiative 827 would establish a permanent, non-binding "None of the Above" ballot option in all primary, general, special, and recall elections for President, Vice President, Member of the United States Senate, Member of the House of Representatives, Governor, Lieutenant Governor, Attorney General, Controller, Secretary of State, Treasurer, Superintendent of Public Instruction, Insurance Commissioner, Member of the Board of Equalization, Member of the Assembly and State Senator. For each of these offices, after the list of candidates, appears the ballot line "None of the Above". Voters may vote either for a candidate or for "None of the Above", but not both. The candidate with the most votes is elected no matter how many votes are cast for "None of the Above".

Analysis:

    This initiative would enact a  non-binding NOTA, where the candidate with the most votes is elected no matter how many votes are cast for NOTA, so voting for a non-binding NOTA is basically an expression of sentiment which does not affect the outcome of the election. In essence, a voter must give up a binding vote for a candidate in order to cast a non-binding NOTA vote. We do not believe these are equitable alternatives, expect for voters who would otherwise not vote for a candidate or who would cast a protest vote for a candidate with whom they do not agree. 

Recommendation:

    While Voters for None of the Above supports the enactment of this initiative because it gives voice to voters who would otherwise not vote for any candidate in a race or who would vote for a candidate with whom they do not agree as a protest vote, we would have preferred that any non-binding initiative allow voters to vote for NOTA as well as for the least unacceptable candidate. In addition, we believe only a binding NOTA fully empowers voters to withhold their consent to an election to office where none of the listed candidates is acceptable.

   For a non-binding NOTA, where votes for NOTA do not affect the election result, Voters for None of the Above recommends that a voter be allowed vote for a candidate as well as vote for a non-binding NOTA as a expression of sentiment; and, a non-binding NOTA Voter Consent law should apply to all elective offices, including President and Vice-President.  An example of a non-binding NOTA recommended by Voters for None of the Above is the Washington State NOTA bill.

     See: Voters for None of the Above's NOTA recommendations for binding and non-binding NOTAs.

Initiative Text:

This initiative measure is submitted to the people in accordance
with the provisions of Article II, Section 8 of the California
Constitution. This initiative measure amends and adds sections to the
Elections Code; therefore, existing provisions proposed to be
deleted are printed in [brackets] and new provisions proposed to be
added are printed in italic type to indicate that they are new.

PROPOSED LAW

"NONE OF THE ABOVE" ELECTION REFORM ACT

SECTION 1. This act shall be known and may be cited as the
"None of the Above" Election Reform Act.

SEC. 2. FINDINGS AND DECLARATIONS
The people of the State of California find and declare:
(a) Many eligible citizens of all political parties do not participate
in elections because they are angered by negative campaigns,
frustrated with the narrow choice of candidates and convinced that
those elected to represent them are out of touch with their needs.
(b) Voters in the State of Nevada have, for more than 20 years,
benefited from having the choice to vote for "none of these
candidates" and have their choice counted and reported as part of
official election results.
(c) Establishing the option of voting for "none of the above" will
encourage voter participation in elections by giving citizens who
have tended not to vote in the past a means of participating
responsibly while voicing a protest against negative campaigns,
limited choice of candidates, and poor performance of
officeholders.
(d) Establishing a non-binding "none of the above" option will not
alter the principle that the election is won by the candidate who
receives the most votes.
(e) Voters, candidates and officeholders will benefit from official
publication of information concerning how many voters choose
"none of the above" rather than any of the candidates on the ballot
for a particular public office. Specifically, when more voters cast
their ballots for "none of the above" than for any of the candidates,
they will send a powerful message about the need for reform. Votes
for "none of the above" will tell politicians that their methods of
recruiting candidates, campaigning and communicating with the
public need improvement.

SEC. 3. PURPOSE AND INTENT
The people of the State of California hereby declare their purpose
and intent in enacting this act to be as follows:
(a) To increase voter participation in elections.
(b) To give voters a means to responsibly protest, and visibly
express their dissatisfaction with, the choices offered on the ballot.
(c) To send politicians a message about voter anger over negative
campaigns, the lack of meaningful choices among candidates and the
inaccessibility of their elected representatives.

SEC. 4. Chapter 5 (commencing with Section 400) is added to
Division 0.5 of the Elections Code as follows: 
Chapter 5. Option of Voting for None of the Above
400. "None of the Above" Ballot Designation.
Notwithstanding any other provision of law, in all primary,
general, special, and recall elections for President, Vice
President, Member of the United States Senate, Member of the
House of Representatives, Governor, Lieutenant Governor,
Attorney General, Controller, Secretary of State, Treasurer,
Superintendent of Public Instruction, Insurance Commissioner,
Member of the Board of Equalization, Member of the Assembly
and State Senator, voters shall be provided with the option of
voting for "none of the above." Only votes cast for named
candidates (including valid write-in candidates) shall be counted
in determining the selection of presidential electors or nomination
or election to any of the other specified federal and state offices,
but for each office the number of ballots on which "none of the
above" was selected shall be listed below the names of the
candidates and the number of their votes in every tally sheet, snap
tally form, semiofficial return, official return, statement of the
result, return, statement of the vote, supplement to the statement
of the vote, or other official listing of election results.

SEC. 5. Section 6480 of the Elections Code is amended to read:
6480. The format of the presidential portion of the Republican
primary ballot shall be governed by Chapter 2 (commencing with
Section 13100) of Division 13, with the following exceptions:
(a) Instructions to voters shall exclude any reference to groups of
candidates preferring a person whose name appears on the ballot or
references to any group of candidates not expressing a preference
for a particular candidate.
(b) In place of the heading: "FOR DELEGATES TO NATIONAL
CONVENTION. Vote for One Group or 'None of the Above' Only."
shall appear the heading: "PRESIDENTIAL PREFERENCE. Vote
for One or 'None of the Above' ."
(c) Candidates for President shall be listed on the ballot in the same
order provided for in Chapter 2 (commencing with Section 13100)
of Division 13 for statewide candidates.
(d) Only the names of selected and unselected presidential
candidates shall appear on the ballot in the spaces provided. No
reference shall be made to their being preferred by candidates for
delegates to the national convention.

SEC. 6. Section 6620 of the Elections Code is amended to read:
6620. For the presidential primary election, the format of the
American Independent Party ballot shall be governed by Chapter 2
(commencing with Section 13100) of Division 13, with the
following exceptions:
(a) In place of the heading "Delegates to National Convention, vote
for one group or 'none of the above' only" shall appear the heading
"Presidential Preference, vote for one or 'none of the above' ".
(b) Selected and unselected presidential candidates shall be listed
below the heading specified in subdivision (a).
(c) Below the presidential candidates shall appear in the same
column, or in the next column if there is not sufficient space in the
first column, the heading "Delegates to National Convention, vote
for one group or 'none of the above' ."
(d) The instructions to voters shall be the same as provided for in
Chapter 2 (commencing with Section 13100) of Division 13 except
that they shall begin with the words, "To express your preference for
a candidate for nomination for President, stamp a cross (+) in the
square opposite the name of the candidate or "none of the above."
Your vote in this portion of the ballot is advisory only. Delegates to
the national convention will be elected in the delegate selection
portion of the ballot."

SEC. 7. Section 6821 of the Elections Code is amended to read:
6821. For the presidential primary election, the format of the Peace
and Freedom Party ballot shall be governed by Chapter 2
(commencing with Section 13100) of Division 13, with the
following exceptions:
(a) In place of the heading "Delegates to National Convention, vote
for one group only" shall appear the heading "Presidential
Preference, vote for one or 'none of the above'."
(b) Selected and unselected presidential candidates shall be listed
below the heading specified in subdivision (a).
(c) Below the presidential candidates shall appear in the same
column, or in the next column if there is not sufficient space in the
first column, the heading "Delegates to National Convention, vote
for one group or 'none of the above'".
(d) Presidential candidates who have qualified for the ballot and to
whom delegations are pledged, and the chairpersons of unpledged
delegations which have qualified for the ballot, shall be listed
below the heading specified in subdivision (c).
(e) The instructions to voters shall be the same as provided for in
Chapter 2 (commencing with Section 13100) of Division 13, except
that they shall begin with the words, "To express your preference for
a candidate for nomination for President, stamp a cross (+) in the
square opposite the name of the candidate or "none of the above".
Your vote in this portion of the ballot is advisory only. Delegates to
the national convention will be elected in the delegate selection
portion of the ballot."

SEC. 8. Section 9035 of the Elections Code is amended to read:
9035. An initiative measure may be proposed by presenting to the
Secretary of State a petition that sets forth the text of the proposed
statute or amendment to the Constitution and is certified to have been
signed by registered voters equal in number to 5 percent in the case
of a statute, and 8 percent in the case of an amendment to the
Constitution, of the voters for all candidates and for "none of the
above" for Governor at the last gubernatorial election preceding the
issuance of the title and summary for the initiative measure by the
Attorney General.

SEC. 9. Section 11322 of the Elections Code is amended to read:
11322. In addition to the material contained in Section 11320, the
following shall appear on ballots at all recall elections, except at a
landowner voting district recall election:
(a) The names of the candidates nominated to succeed the officer
sought to be recalled shall appear under each recall question.
(b) Following each list of candidates, the ballot shall provide one
blank line with a voting space to the right of it for the voter to write
in a name not printed on the ballot.
(c) In addition to the material contained in subdivisions (a) and
(b) of this section, the following shall appear on ballots at all
recall elections for the offices specified in Section 400: the phrase
"NONE OF THE ABOVE" with a voting space to the right of it.

SEC. 10. Section 13204 of the Elections Code is amended to read:
13204. (a) (1) The instructions to voters shall be printed at least
three-eighths of an inch below the district designation. The
instructions shall begin with the words "INSTRUCTIONS TO
VOTERS:" in no smaller than 16-point gothic condensed capital
type. Thereafter, there shall be printed in 10-point gothic type all of
the following directions that are applicable to the ballot:
"To vote for a candidate for Chief Justice of California; Associate
Justice of the Supreme Court; Presiding Justice, Court of Appeal; or
Associate Justice, Court of Appeal, stamp a cross (+) in the voting
square after the word "Yes," to the right of the name of the
candidate. To vote against that candidate, stamp a cross (+) in the
voting square after the word "No," to the right of the name of that
candidate."
"To vote for any other candidate of your selection, stamp a cross in
the voting square to the right of the candidate's name. (When justices
of the Supreme Court or court of appeal do not appear on the ballot,
the instructions referring to voting after the word "Yes" or the word
"No" will be deleted and the above sentence shall read: "To vote for
a candidate whose name appears on the ballot, stamp a cross (+) in
the voting square to the right of the candidate's name." ) Where two
or more candidates for the same office are to be elected, stamp a
cross (+) after the names of all candidates for the office for whom
you desire to vote, not to exceed, however, the number of candidates
to be elected."
"To vote for a qualified write-in candidate, write the person's name
in the blank space provided for that purpose after the names of the
other candidates for the same office."
"To vote on any measure, stamp a cross (+) in the voting square after
the word "Yes" or after the word "No."
"All distinguishing marks or erasures are forbidden and make the
ballot void."
"If you wrongly stamp, tear, or deface this ballot, return it to the
precinct board member and obtain another."
"On absent voter ballots mark a cross (+) with pen or pencil."
(2) With respect only to elections in which the names of
candidates for one or more of the affected offices appear, the
instructions to voters shall include, printed after the directions set
forth in paragraph (1), the following paragraph:
"If you do not choose to vote for any candidate for the office of
President, Vice President, Member of the United States Senate,
member of the House of Representatives, Governor, Lieutenant
Governor, Attorney General, Controller, Insurance Commissioner,
Secretary of State, Superintendent of Public Instruction,
Treasurer, Member of the Board of Equalization, Member of the
Assembly or State Senator, should any or all of these offices
appear on the ballot, you may stamp a cross (+) in the voting
square to the right of the phrase "NONE OF THE ABOVE," or you
may decline to vote with respect to that office."
(b) The instructions to voters shall be separated by no smaller than a
two-point rule from the portion of the ballot which contains the
various offices and measures to be voted on.

SEC. 11. Section 13205 of the Elections Code is amended to read:
13205. Additional instructions to voters shall appear on the ballot
prior to those provided for in Section 13204 under the following
conditions:
(a) In a primary election at which candidates for delegate to national
convention are to be voted upon, the instructions shall read:
"To vote for the group of candidates preferring a person whose
name appears on the ballot, stamp a cross (+) in the square opposite
the name of the person preferred. To vote for a group of candidates
not expressing a preference for a particular candidate, stamp a cross
(+) in the square opposite the name of the chairman of the group. If
you do not choose to vote for any group of candidates, you may
stamp a cross (+) in the voting square to the right of the phrase
"NONE OF THE ABOVE," or you may decline to vote with respect
to that office."
(b) In elections when electors of President and Vice President of the
United States are to be chosen, there shall be placed upon the ballot,
in addition to the instructions to voters as provided in this chapter,
[an] instructions as follows:
(1) "To vote for all of the electors of a party, stamp a cross (+) in
the square opposite the names of the presidential and vice
presidential candidates of that party. A cross (+) stamped in the
square opposite the name of a party and its presidential and vice
presidential candidate, is a vote for all of the electors of that party,
but for no other candidates." 
(2) "If you do not choose to vote for any electors, you may stamp a
cross (+) in the voting square to the right of the phrase "NONE
OF THE ABOVE," or you may decline to vote with respect to
electors of President and Vice President of the United States."
(c) If a group of candidates for electors has been nominated under
Chapter 3 (commencing with Section 8400) of Division 8, and has
under Chapter 1 (commencing at Section 8300) of Division 8
designated the names of the candidates for President and Vice
President of the United States for whom those candidates have
pledged themselves to vote, the instructions to voters shall also
contain the following, before the instruction required by
subdivision (b)(2) of this section:
"To vote for those electors who have pledged themselves to vote for
a candidate for President and Vice President not supported by any
particular party stamp a cross (+) in the square opposite the names
of those presidential and vice presidential candidates."
(d) If a group of candidates for electors has been nominated by a
party not qualified to participate in the election, the instructions to
voters shall also contain the following, before the instruction
required by subdivision (b)(2) of this section:
"To vote for those electors who have pledged themselves to vote for
a candidate for President and for Vice President of any party not
qualified to participate in the election write in the names and party
of those presidential and vice presidential candidates in the blank
space provided for that purpose."

SEC. 12. Section 13208 of the Elections Code is amended to read:
13208. (a) In the right-hand margin of each column light vertical
lines shall be printed in such a way as to create a voting square after
the name of each candidate for partisan office, nonpartisan office
(except for justice of the Supreme Court or court of appeal), or for
chairman of a group of candidates for delegate to a national
convention who express no preference for a presidential candidate.
In the case of all elections for the offices of President, Vice
President, Member of the United States Senate, Member of the
House of Representatives, Governor, Lieutenant Governor,
Attorney General, Controller, Insurance Commissioner, Secretary
of State, Superintendent of Public Instruction, Treasurer, Member
of the Board of Equalization, Member of the Assembly or State
Senator, there shall be a voting square after the phrase "NONE
OF THE ABOVE." In the case of Supreme Court or appellate
justices and in the case of measures submitted to the voters, the lines
shall be printed so as to create voting squares to the right of the
words "Yes" and "No." The voting squares shall be used by the
voters to express their choices as provided for in the instruction to
voters.
(b) The standard voting square shall be at least three-eighths of an
inch square but may be up to one-half inch square. Voting squares
for measures may be as tall as is required by the space occupied by
the title and summary.

SEC.13. Section 13210 of the Elections Code is amended to read:
13210. (a) In the case of candidates for delegate to national
convention, there shall be printed in boldface gothic type, not
smaller than 12-point, across the column above the names of the
persons preferred by the groups of candidates for delegates, the
words, "President of the United States." The words "Vote for one
group or 'none of the above' only" shall extend to the extreme
right-hand margin of the column and over the voting square.
(b) In the case of candidates for President and Vice President, the
words "Vote for One Party or 'None of the Above'" shall appear just
below the heading "President and Vice President" and shall be
printed so as to appear above the voting squares for that office. The
heading "President and Vice President" shall be printed in boldface
12-point gothic type, and shall be centered above the names of the
candidates.
(c) In that section of the ballot designated for judicial offices, next to
the heading "judicial" shall appear the instruction: "Vote yes or no
for each office."
(d) In the case of candidates for Justice of the Supreme Court and
court of appeal, within the rectangle provided for each candidate,
and immediately above each candidate's name, there shall appear the
following: "For (designation of judicial office). " There shall be as
many of these headings as there are candidates for these judicial
offices. No heading shall apply to more than one judicial office.
Underneath each heading shall appear the words "Shall (title and
name of Justice) be elected to the office for the term provided by
law ?" 
(e) In the case of all other candidates, each group of candidates to be
voted on shall be preceded by the designation of the office for which
they are running, and the words "vote for one" or "vote for no more
than two," or more, according to the number to be nominated or
elected. The designation of the office shall be printed flush with the
left-hand margin in boldfaced gothic type not smaller than 8-point.
The words, "vote for ____" shall extend to the extreme right-hand
margin of the column and over the voting square. The designation of
the office and the directions for voting shall be separated from the
candidates by a light line. There shall be no line between the
headings for federal or legislative offices and the designation of the
office and the directions for voting.

SEC. 14. Section 13211 of the Elections Code is amended to read:
13211. The names of the candidates and, with regard to all
elections for the offices specified in Section 400, the phrase
"NONE OF THE ABOVE," shall be printed on the ballot, without
indentation, in roman capital, boldface type not smaller than
eight-point, between light lines or rules at least three-eighths of an
inch apart but no more than one-half inch apart. However, in the
case of candidates for President and Vice President, the lines or
rules may be as much as five-eighths of an inch apart.

SEC. 15. Section 15059 of the Elections Code is amended to read:
15059. The precinct board members shall ascertain the number of
votes cast for each person, for "none of the above," and for and
against each measure in the following manner:
One precinct board member shall read from the ballots. As the
ballots are read, at least one other precinct board member shall keep
watch of each vote so as to check on any possible error or omission
on the part of the officer reading or calling the ballot.

SEC. 16. Section 15060 of the Elections Code is amended to read:
15060. Two of the precinct board members shall each keep a tally
sheet in a form prescribed by the elections official. Each tally sheet
shall contain:
(a) The name of each candidate and, with regard to elections for
the offices specified in Section 400, "none of the above," being
voted for and the specific office for which each candidate [is] and
"none of the above" are being voted. The offices shall be in the
same order as on the ballot.
(b) A list of each measure being voted upon.
(c) Sufficient space to permit the tallying of the full vote cast for
each candidate, for "none of the above," and for and against each
measure.
The precinct board members keeping the tally sheets shall record
opposite each name or measure, with pen or indelible pencil, the
number of votes by tallies as the name of each candidate, "none of
the above," or measure voted upon is read aloud from the respective
ballot.
Immediately upon the completion of the tallies, the precinct board
members keeping the tally shall draw two heavy lines in ink or
indelible pencil from the last tally mark to the end of the line in
which the tallies terminate and initial that line. The total number of
votes counted for each candidate, for "none of the above," and for
and against each measure shall be recorded on the tally sheets in
words and figures.

SEC. 17. Section 15101 of the Elections Code is amended to read:
15101. (a) The elections official shall prepare and forward to each
selected precinct forms containing a list of the offices and measures
designated as being of more than ordinary interest, and stating the
number of ballots to be counted for the snap tally. In each general
election, the special form must, for each office listed on it, include
the names of all candidates for that office whose names appear on
the ballot[.] and, with regard to elections for the offices specified
in Section 400, the designation "none of the above."
(b) The inspector at each selected precinct shall note the results of
the count and the total number of votes cast in the precinct on the
snap tally forms as soon as the designated number of ballots has
been tallied. The inspector shall then communicate the figures in the
manner directed by the elections official. In each general election,
the figures must include the votes cast for every candidate whose
name appears on the ballot for an office listed on the forms. The
inspector shall continue, each time the designated number of ballots
have been tallied, to note and report the results as directed.

SEC. 18. Section 15102 of the Elections Code is amended to read:
15102. Upon receipt from the precincts of the reports of votes cast
on the specially designated offices and measures, the elections
official shall tabulate the results and make the results available to
the public. In each general election, all these reports of the election
results shall include the votes cast for all candidates whose names
appear on the ballot for each office for which returns are reported[.]
and, with regard to the offices specified in Section 400, the votes
cast for "none of the above."

SEC. 19. Section 15251 of the Elections Code is amended to read:
15251. The elections official shall transmit the semiofficial returns
to the Secretary of State in the manner and according to the schedule
prescribed by the Secretary of State prior to each election, for:
(a) All candidates and, with regard to elections for the statewide
offices specified in Section 400, "none of the above," voted for
statewide office.
(b) All candidates and "none of the above" voted for the following
offices:
(1) State Assembly.
(2) State Senate.
(3) Representative in Congress.
(4) Member of the State Board of Equalization.
(c) In presidential years, all persons and "none of the above" voted
for at the presidential primary or for electors of President and Vice
President of the United States, depending on the election involved.
(d) Statewide ballot measures.
The elections official shall transmit the returns to the Secretary of
State at intervals no greater than two hours, following
commencement of the semiofficial canvass.

SEC. 20. Section 15309 of the Elections Code is amended to read:
15309. (a) The statement of the result shall show:
[(a)] (1) The total number of ballots cast.
[(b)] (2) The number of votes cast at each precinct for each
candidate, for "none of the above," and for and against each
measure.
[(c)] (3) The total number of votes cast for each candidate, for
"none of the above," and for and against each measure.
(b) The statement of the result shall also show the number of votes
cast in each city, Assembly district, congressional district,
senatorial district, State Board of Equalization district, and
supervisorial district located in whole or in part in the county, for
each candidate for the offices of presidential elector and all
statewide offices, depending on the offices to be filled, and on each
statewide ballot proposition. With regard to elections for the
offices specified in Section 400, the statement of the result shall
also show the number of votes cast for "none of the above."

SEC. 21. Section 15310 of the Elections Code is amended to read:
15310. The elections official shall forthwith send to the Secretary of
State by registered mail one complete copy of all returns as to:
(a) All candidates voted for statewide office, and with regard to
elections for the statewide offices specified in Section 400, "none
of the above."
(b) All candidates and "none of the above" voted for the following
offices:
(1) Member of the Assembly.
(2) Member of the Senate.
(3) Representative in Congress.
(4) Member of the State Board of Equalization.
[(5)[ (c) All candidates voted for Supreme Court Justice or Justice
of the Court of Appeal.[
[(c)] (d) All persons and "none of the above" voted for at the
presidential primary. The returns for all persons voted for at the
presidential primary for delegates to national conventions shall be
canvassed first and shall be sent separately within 20 days after the
election.
[(d)] (e) At presidential elections, the vote given for persons and
"none of the above" for electors of President and Vice President of
the United States. The returns for presidential electors shall be
endorsed "Presidential Election Returns," and sent separately.
[(e)] (f) All statewide measures.
This section shall become operative on January 1, 1996.

SEC. 22. Section 15501 of the Elections Code is amended to read:
15501. (a) Except as to presidential electors, the Secretary of State
shall compile the returns for:
(1) All candidates for statewide office, and with regard to
statewide offices specified in Section 400, "none of the above."
(2) All candidates and "none of the above" for Assembly, State
Senate, Congress, and State Board of Equalization[, Supreme Court,
and Courts of Appeal].
(3) All candidates for Supreme Court and Courts of Appeal. 
[(3)] (4) All statewide measures.
(b) The Secretary of State shall make out, certify, and file a
statement of the vote from the compiled returns no later than the 39th
day after the election.

SEC. 23. Section 15502 of the Elections Code is amended to read:
15502. Within 120 days of the filing of the statement of the vote, the
Secretary of State, upon the basis of the information provided, shall
compile a supplement to the statement of the vote, showing the
number of votes cast in each county, city, Assembly district,
senatorial district, congressional district and supervisorial district
for each candidate and "none of the above" for the offices of
presidential elector, Governor, and United States Senator,
depending on the offices to be filled, and on each statewide ballot
proposition. A copy of this supplement shall be made available,
upon request, to any elector of this state.

SEC. 24. 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 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.

SEC. 25. If this act is approved by voters but superseded by any
other conflicting ballot measure approved by more voters at the
same election, and the conflicting ballot measure is later held
invalid, it is the intent of the voters that this act shall be
self-executing and given full force of the law. 

SEC. 26. In the event that this measure and another measure or
measures relating to a "none of the above" option in this state shall
appear on the same statewide election ballot, the provisions of these
other measures shall be deemed to be in conflict with this measure.
In the event that this measure shall receive a greater number of
affirmative votes, the provisions of this measure shall prevail in
their entirety, and the provisions of the other measure or measures
shall be null and void in their entirety. In the event that the other
measure or measures shall receive a greater number of affirmative
votes, the provisions of this measure shall take effect to the extent
permitted by law. 

SEC. 27. If any provision of this act or the application thereof to any
person or circumstance is held invalid, the invalidity shall not affect
other provisions or applications of the act that can be given effect
without the invalid provision or application, and to this end the
provisions of this act are severable.