California Statutes § 13102 Voting by ballot; nonpartisan ballot

Statute Text

(a) All voting shall be by ballot. There shall be provided, at each polling place, at each election at which public officers are to be voted for, but one form of ballot for all candidates for public office, except that, for partisan primary elections, one form of ballot shall be provided for each qualified political party as well as one form of nonpartisan ballot, in accordance with subdivision (b).

(b) At partisan primary elections, each voter not registered disclosing a preference for any one of the political parties participating in the election shall be furnished only a nonpartisan ballot, unless the voter requests a ballot of a political party and that political party, by party rule duly noticed to the Secretary of State, authorizes a person who has declined to disclose a party preference to vote the ballot of that political party. The nonpartisan ballot shall contain only the names of all candidates for nonpartisan offices, voter-nominated offices, and measures to be voted for at the primary election. Each voter registered as preferring a political party participating in the election shall be furnished only a ballot for which the voter disclosed a party preference in accordance with Section 2151 or 2152 and the nonpartisan ballot, both of which shall be printed together as one ballot in the form prescribed by Section 13207.

(c) A political party may adopt a party rule in accordance with subdivision (b) that authorizes a person who has declined to disclose a party preference to vote the ballot of that political party at the next ensuing partisan primary election. The political party shall notify the party chair immediately upon adoption of that party rule. The party chair shall provide written notice of the adoption of that rule to the Secretary of State not later than the 135th day before the partisan primary election at which the vote is authorized.

(d) The county elections official shall maintain a record of which political party's ballot was requested pursuant to subdivision (b), or whether a nonpartisan ballot was requested, by each person who declined to disclose a party preference. The record shall be made available to any person or committee who is authorized to receive copies of the printed roster for primary and general elections pursuant to Section 2184 . A record produced pursuant to this subdivision shall be made available in either a printed or electronic format, as requested by the authorized person or committee.

History

Amended by Stats 2019 ch 497 ( AB 991 ) , s 106 , eff. 1/1/2020 .

Amended by Stats 2009 ch 1 ( SB 6 ) , s 45 , eff. operative only if SCA 4 (Chapter 2, 2009 legislative session) is approved by the voters

Amended by Stats 2007 ch 515 ( AB 1734 ) , s 1 , eff. 1/1/2008 .

Amended by Stats 2003 ch 62 ( SB 600 ) , s 83 , eff. 1/1/2004 .

Amended by Stats 2002 ch 10 ( SB 585 ) , ss 1 , 2 eff. 2/19/2002 .

Amended by Stats 2002 ch 664 ( AB 3034 ) , s 77 , eff. 1/1/2003 .

Amended by Stats 2001 ch 925 ( SB 7 ) , s 3 , eff. 1/1/2002 .

Added by Stats 2000 ch 898 ( SB 28 ) , s 8 , eff. 1/1/2001 .

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