New California partisan ballot under assault from a group who prefer Presidential primary ballots

From Ballot Access News article “California Legislator Introduces Resolution Asking Secretary of State to Print Presidential Primary Ballots for People Who Don’t Want a Partisan Ballot”:

According to this story on IVN (Independent Voters Network), California Assemblymember Kristin Olson (R-Modesto) and Senator Anthony Cannella (R-Ceres) introduced ACR 145 on February 26. It is not up yet on the California legislature’s web page. But the article says ACR 145 would ask the Secretary of State to tell county election officials to print up special presidential primary ballots for voters who do not desire to use a partisan presidential primary ballot.

California has six qualified parties, and they all have their own presidential primary. Under current law, at the polling place, independent voters are told that they may have a Democratic, Libertarian, or American Independent presidential primary if they wish. Apparently the special presidential primary ballot described in ACR 145 would list all 43 presidential candidates who are already on one of the six partisan primary ballots.

The IVN article says that the Resolution would point out to the Secretary of State that the State Constitution requires an “open” presidential primary, and therefore he doesn’t need any legislative authority to create such ballots. Without an opportunity yet to read the measure, it is not clear what the votes on this special primary ballot would be used for. Normal presidential primaries elect Delegates to national presidential conventions.

The IVN claim that the California Constitution mandates an “open” presidential primary is misleading. The California Constitutional provision on “open” presidential primaries was added by the voters in June 1972, when they approved Proposition 4. Proposition 4 on the ballot was described this way: “Open presidential primary. Requires Legislature to provide for open presidential primary in which candidates on ballot are those found by Secretary of State to be recognized candidates throughout nation or California for office of President, and such candidates whose names are placed on ballot by petition. Excludes any candidate who has filed affidavit that he is not a candidate.”

In other words, in 1972, “open presidential primary” meant one in which candidates did not need to petition. Before Proposition 4 passed, all presidential primary candidates needed a petition of one-half of 1% of their party’s last gubernatorial vote. In 1972 there were eight Democrats and two Republicans who submitted petitions to be on California presidential primary ballots. That amounted to 17,199 valid signatures for Republicans, and 14,695 for Democrats. Election officials found it taxing to check so many petitions for validity in a short amount of time, and pressed for Proposition 4 to eliminate these petitions.

The California Constitutional provision, Article II, sec. 5(c), says, “The Legislature shall provide for partisan elections for presidential candidates, and political party and party central committees, including an open presidential primary whereby the candidates on the ballot are those found by the Secretary of State to be recognized candidates for the office of President.”

Also from California, the Ballot Access News article “California Attorney General Says Proposed Initiative to Remove Party Labels from Ballot May Circulate”:

On February 26, the California Attorney General finished the paperwork for a proposed initiative that would remove all party labels from California ballots (except for President). The proponents may now begin to circulate that petition. It requires 585,407 valid signatures, due August 24, in order to get on the November 2016 ballot. This initiative has a Secretary of State tracking number: 1780.