CRC - 2017 COMMITTEE AMENDMENT
Proposal No. P 62
Ì973422ÆÎ973422
LEGISLATIVE ACTION
Senate . House
Comm: FAV .
01/26/2018 .
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The Committee on Ethics and Elections (Schifino) recommended the
following:
1 CRC Amendment (with title amendment)
2
3 Delete everything after the proposing clause
4 and insert:
5 Section 5 of Article VI of the State Constitution is
6 amended to read:
7 SECTION 5. Primary, general, and special elections.—
8 (a) A general election shall be held in each county on the
9 first Tuesday after the first Monday in November of each even
10 numbered year to choose a successor to each elective state and
11 county officer whose term will expire before the next general
12 election and, except as provided herein, to fill each vacancy in
13 elective office for the unexpired portion of the term. A general
14 election may be suspended or delayed due to a state of emergency
15 or impending emergency pursuant to general law. Special
16 elections and referenda shall be held as provided by law.
17 (b) If all candidates for an office have the same party
18 affiliation and the winner will have no opposition in the
19 general election, all qualified electors, regardless of party
20 affiliation, may vote in the primary elections for that office.
21 (b) This section (b) shall govern all primary elections for
22 all federal, state, county and local elective office except (i)
23 those in which no party affiliation, registration or preference
24 appears on the ballot as provided by law; and (ii) the system
25 for selection of President and Vice President of the United
26 States.
27 (1) All electors qualified to vote for the office being
28 filled shall be allowed to vote in the primary election
29 regardless of the voter’s affiliation or lack of affiliation
30 with a political party and regardless of the candidate’s
31 nomination by or affiliation with a political party.
32 (2) All candidates for an office shall be listed on a
33 single primary ballot regardless of their nomination by or
34 affiliation with a political party. Only the two candidates
35 receiving the greatest numbers of votes cast in the primary
36 shall advance to the general election and appear on that ballot;
37 no other candidate shall appear on the general election ballot.
38 (3) If more than one candidate is to be elected to an
39 office, the number of candidates advancing to the general
40 election shall be twice the number to be elected, with said
41 candidates receiving the greatest number of votes.
42 (4) Should only two candidates qualify for the same office,
43 no primary election will be held and the winner will be
44 determined in the general election.
45 (5) Candidates nominated, endorsed or otherwise selected by
46 a political party to run in the primary election may have such
47 nomination, endorsement or selection indicated on the ballot in
48 a manner provided by law.
49 (6) A candidate that is not nominated, endorsed or
50 otherwise selected by a political party to run in the primary
51 election may have their political party preference, or lack of
52 political party preference, indicated upon the ballot in a
53 manner provided by law. Designation of a party preference by a
54 candidate under this subsection (b)(6) shall not constitute or
55 imply the nomination, endorsement or selection of the candidate
56 by the party designated.
57 (7) Nothing in this section (b) shall be interpreted to
58 prohibit a political party or party central committee from
59 nominating, endorsing, supporting, or opposing any candidate.
60 (8) No state funds shall be used to pay for the
61 administration of an election unless all qualified voters
62 regardless of party preference or affiliation are allowed to
63 vote for any candidate who appears on the ballot.
64 (9) This subsection is effective upon adoption by the
65 voters and is self-executing.
66
67
68 ================= T I T L E A M E N D M E N T ================
69 And the title is amended as follows:
70 Delete everything before the enacting clause
71 and insert:
72 A proposal to amend
73 Section 5 of Article VI of the State Constitution to
74 authorize a qualified elector who is registered with
75 no party affiliation to vote a primary election ballot
76 of a political party and proscribe the method of
77 election for local, state, and federal offices.