CRC - 2017 COMMITTEE AMENDMENT Proposal No. P 62 Ì973422ÆÎ973422 LEGISLATIVE ACTION Senate . House Comm: FAV . 01/26/2018 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— 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 party18affiliation and the winner will have no opposition in the19general election, all qualified electors, regardless of party20affiliation, 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.