Added by Stats. 2017, Ch. 819, Sec. 1. (AB 837) Effective January 1, 2018.
This chapter applies only to partisan primary elections.
Chapter 6 - Partisan Primary Elections
California Elections Code — §§ 13500-13502.5
Sections (4)
Added by Stats. 2017, Ch. 819, Sec. 1. (AB 837) Effective January 1, 2018.
(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)The Secretary of State shall make all of the following information available on the Secretary of State’s
Internet Web site:
(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)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)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)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.
Amended by Stats. 2023, Ch. 646, Sec. 1. (AB 292) Effective January 1, 2024.
(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)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)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)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)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)By telephone subject to the following conditions:
(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)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)The voter’s signature shall not be required.
(2)On an application over the internet if available. The voter’s signature shall not be required.
(3)By a written statement application submitted in person, or by mail, email, or facsimile transmission.
(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)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)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.
Amended by Stats. 2024, Ch. 80, Sec. 41. (SB 1525) Effective January 1, 2025.
(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)(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) 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) 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)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)The notice printed on the ballot may advise the voter of additional information, including the following:
(1)A list of means available in the county for the voter to request a partisan ballot.
(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)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)A description of the county’s procedures for accepting and processing a remote accessible vote by mail ballot.