SCA 4 — A resolution to propose to the people of the State of California an amendment to the Constitution of the State, by amending Sections 5 and 6 of Article II thereof, relating to elections.
Last action — Chaptered by Secretary of State. Res. Chapter 2, Statutes of 2009.
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✓Introduced
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✓In Committee
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3Passed Senate
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4Passed Assembly
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5To Executive
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6Enacted
This bill died with 2009-2010 Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.
Summary
Existing provisions of the California Constitution require the Legislature to provide for primary elections for partisan offices, including an open presidential primary election, as specified. The California Constitution also provides that all judicial, school, county, and city offices are nonpartisan offices, and a political party or party central committee is prohibited from endorsing, supporting, or opposing a candidate for such an office. This measure, which would be known as the "Top Two Primaries Act," would provide for a "voter-nominated primary election" for each state elective office and congressional office in California, in which a voter may vote at the primary election for any candidate for a congressional or state elective office without regard to the political party preference disclosed by the candidate or the voter. The measure would further provide that a candidate for a congressional or state elective office generally may choose whether to have his or her political party preference indicated upon the ballot for that office in the manner to be provided by statute. The measure would prohibit a political party or party central committee from nominating a candidate for a congressional or state elective office at the primary, but the measure would permit a political party or party central committee to endorse, support, or oppose a candidate for congressional or state elective office. The 2 candidates receiving the 2 highest vote totals for each office at a primary election, regardless of party preference, would then compete for the office at the ensuing general election. This measure would require the Legislature to provide for partisan elections for presidential candidates, political party committees, and party central steering committees. This measure would designate the Superintendent of Public Instruction as a nonpartisan office. If the measure is approved by the voters, it would become operative on January 1, 2011.
Bill Text
- Chaptered 02/19/09 - Chaptered Current pdf February 19, 2009
- Enrolled 02/19/09 - Enrolled pdf February 19, 2009
- Amended 02/19/09 - Amended Senate pdf February 19, 2009
- Introduced 12/01/08 - Introduced pdf December 01, 2008
- SCA4 View text html
Action History
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Chaptered by Secretary of State. Res. Chapter 2, Statutes of 2009.
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Enrolled. To Secretary of State at 5 p.m.
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In Senate. To enrollment.
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Read and adopted. (Ayes 54. Noes 20. Page 362.) To Senate.
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Read second time.
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(Ayes 66. Noes 2. Page 358.)
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Art. IV, Sec. 8(b), of Constitution dispensed with.
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Read first time.
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In Assembly.
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Read and adopted. (Ayes 27. Noes 12. Page 168.) To Assembly.
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Senate Rule 29.3 suspended. (Page 167.)
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Read third time. Amended. (Page 167.)
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Read second time.
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(Ayes 27. Noes 9. Page 166.)
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Art. IV, Sec. 8(b), of Constitution dispensed with.
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Placed on second reading file.
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Withdrawn from committee.
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To Com. on E., R. & C.A.
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From print. May be acted upon on or after January 1.
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Introduced. Read first time. To Com. on RLS. for assignment. To print.
Sponsors
- Correa · Cosponsor
- Maldonado · Primary
- Wolk · Cosponsor
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 2 co-sponsors · 119 not signed on · 3 voted No
Sponsors (1)
- Maldonado
Co-sponsors (2)
- Correa
- Wolk
Not signed on (119)
119 members have not signed on to this bill.
Show all 119 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 25 | 11 | 0 | 0 |
| Democratic | 3 | 0 | 0 | 0 |
| Republican | 0 | 1 | 0 | 0 |
| Total | 28 | 12 | 0 | 0 |
| % of votes cast | 70% | 30% | 0% | 0% |
How each member voted (40)
| Member | Party | Vote |
|---|---|---|
| Yee | — | Nay |
| Cogdill | — | Yea |
| Ashburn | — | Yea |
| Hancock | — | Nay |
| Wyland | — | Nay |
| Negrete | — | Yea |
| Harman | — | Nay |
| Runner | — | Nay |
| Corbett | — | Yea |
| Kehoe | — | Yea |
| Leno | — | Yea |
| Benoit | — | Nay |
| Ducheny | — | Yea |
| Dutton | — | Nay |
| Liu | — | Yea |
| McLeod | — | Yea |
| Pavley | — | Yea |
| Romero | — | Yea |
| Steinberg | — | Yea |
| Walters | — | Nay |
| Wiggins | — | Yea |
| Wright | — | Yea |
| Aanestad | — | Nay |
| Alquist | — | Yea |
| Hollingsworth | — | Nay |
| Huff | — | Nay |
| Maldonado | — | Yea |
| Oropeza | — | Yea |
| Simitian | — | Yea |
| Wolk | — | Yea |
| Cedillo | — | Yea |
| Correa | — | Yea |
| Cox | — | Yea |
| DeSaulnier | — | Yea |
| Denham | — | Yea |
| Florez | — | Yea |
| Calderon, Lisa | Democratic | Yea |
| Lowenthal, Josh | Democratic | Yea |
| Padilla, Stephen C. | Democratic | Yea |
| Strickland, Tony | Republican | Nay |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 58 | 18 | 0 | 8 |
| Democratic | 5 | 0 | 0 | 0 |
| Republican | 0 | 3 | 0 | 0 |
| Total | 63 | 21 | 0 | 8 |
| % of votes cast | 68% | 23% | 0% | 9% |
How each member voted (92)
| Member | Party | Vote |
|---|---|---|
| Eng | — | Yea |
| Feuer | — | Yea |
| Fuller | — | Yea |
| Carter | — | Yea |
| Bill | — | Yea |
| Berryhill | — | Yea |
| Tom | — | Yea |
| Berryhill | — | Yea |
| Furutani | — | Yea |
| Galgiani | — | Yea |
| Charles | — | Yea |
| Gilmore | — | Yea |
| Hall | — | Yea |
| Hayashi | — | Yea |
| Hernandez | — | Yea |
| De | — | Yea |
| La | — | Yea |
| Torre | — | Yea |
| De | — | Yea |
| Leon | — | Yea |
| Huber | — | Yea |
| Fletcher | — | Yea |
| Bonnie | — | Yea |
| Conway | — | Yea |
| Cook | — | Yea |
| Coto | — | Yea |
| Duvall | — | Yea |
| Krekorian | — | Yea |
| Lieu | — | Yea |
| Mendoza | — | Yea |
| John | — | Yea |
| A. | — | Yea |
| Perez | — | Yea |
| Salas | — | Yea |
| Saldana | — | Yea |
| Chesbro | — | Not Voting |
| Gaines | — | Nay |
| Portantino | — | Nay |
| Audra | — | Nay |
| Garrick | — | Nay |
| V. | — | Not Voting |
| Manuel | — | Not Voting |
| Perez | — | Not Voting |
| Hagman | — | Nay |
| Harkey | — | Nay |
| Jeffries | — | Nay |
| Knight | — | Nay |
| Ammiano | — | Nay |
| Anderson | — | Nay |
| Blumenfield | — | Not Voting |
| Miller | — | Nay |
| Monning | — | Yea |
| Nava | — | Yea |
| Nestande | — | Yea |
| Price | — | Yea |
| Ruskin | — | Yea |
| Silva | — | Nay |
| Smyth | — | Yea |
| Solorio | — | Yea |
| Torlakson | — | Yea |
| Torres | — | Yea |
| Tran | — | Nay |
| Villines | — | Yea |
| Adams | — | Nay |
| Bass | — | Yea |
| Beall | — | Yea |
| Blakeslee | — | Yea |
| Block | — | Yea |
| Brownley | — | Not Voting |
| Buchanan | — | Yea |
| Hill | — | Yea |
| Huffman | — | Yea |
| Logue | — | Not Voting |
| Ma | — | Nay |
| Nielsen | — | Yea |
| Skinner | — | Not Voting |
| Swanson | — | Nay |
| Torrico | — | Yea |
| Emmerson | — | Yea |
| Evans | — | Yea |
| Davis | — | Yea |
| DeVore | — | Nay |
| Yamada | — | Nay |
| Fuentes | — | Yea |
| Arambula, Joaquin | Democratic | Yea |
| Caballero, Anna M. | Democratic | Yea |
| Calderon, Lisa | Democratic | Yea |
| Fong, Mike | Democratic | Yea |
| Lowenthal, Josh | Democratic | Yea |
| Jones, Brian W. | Republican | Nay |
| Niello, Roger W. | Republican | Nay |
| Strickland, Tony | Republican | Nay |
Subjects
Frequently asked questions
- What does SCA 4 do?
- Existing provisions of the California Constitution require the Legislature to provide for primary elections for partisan offices, including an open presidential primary election, as specified. The California Constitution also provides that all judicial, school, county, and city offices are nonpartisan offices, and a political party or party central committee is prohibited from endorsing, supporting, or opposing a candidate for such an office. This measure, which would be known as the "Top Two Primaries Act," would provide for a "voter-nominated primary election" for each state elective office and congressional office in California, in which a voter may vote at the primary election for any candidate for a congressional or state elective office without regard to the political party preference disclosed by the candidate or the voter. The measure would further provide that a candidate for a congressional or state elective office generally may choose whether to have his or her political party preference indicated upon the ballot for that office in the manner to be provided by statute. The measure would prohibit a political party or party central committee from nominating a candidate for a congressional or state elective office at the primary, but the measure would permit a political party or party central committee to endorse, support, or oppose a candidate for congressional or state elective office. The 2 candidates receiving the 2 highest vote totals for each office at a primary election, regardless of party preference, would then compete for the office at the ensuing general election. This measure would require the Legislature to provide for partisan elections for presidential candidates, political party committees, and party central steering committees. This measure would designate the Superintendent of Public Instruction as a nonpartisan office. If the measure is approved by the voters, it would become operative on January 1, 2011.
- Who sponsors SCA 4?
- SCA 4 is sponsored by Correa, Maldonado, and Wolk.
- What is the current status of SCA 4?
- This bill died with 2009-2010 Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
- Where can I track SCA 4?
- Track SCA 4 free on One Click Politics — get push/email alerts when it moves.
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