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 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.