Top Two Candidates Open Primary Act (Proposition 14)
A new open primary law took effect in 2012. The “Top Two Candidates Open Primary Act” requires that all candidates for a voter-nominated office be listed on the same ballot. Previously known as partisan offices, voter-nominated offices are state legislative offices, U.S. congressional offices, and state constitutional offices.
This means that a voter could cast his/her vote for any candidate, regardless of what party preference the voter indicated on his/her voter registration form. Only the two candidates receiving the most votes – regardless of party preference – would then go to the General Election ballot, regardless of vote totals. Even if a candidate received a majority of the vote (50 percent + 1), he/she must be in a run-off in the General Election. And, even if there were only two candidates in the open primary, a General Election is still required.
A write-in candidate from a Primary Election can only move on to the General Election if the candidate is one of the top two vote-getters in the Primary Election. The voter may not write-in a name for a voter-nominated contest in the General Election.
California’s “Top Two Candidates Open Primary Act” does not apply to candidates running for Unites States President or local offices.
Party Nominated and Partisan Offices
Under the California Constitution, political parties may formally nominate candidates for party-nominated/partisan offices at the Primary Election. A candidate so nominated will then represent that party as its official candidate for the office in question at the ensuing General Election and the ballot will reflect an official designation to that effect. The top vote-getter for each party at the Primary Election is entitled to participate in the General Election. Parties also elect officers of official party committees at a partisan primary.
No voter may vote the ballot of any political party at any Primary Election unless he or she has disclosed a preference for that party upon registering to vote or unless he or she has declined to disclose a party preference and the 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.
Voter Nominated Offices
Under the California Constitution, political parties are not entitled to formally nominate candidates for voter-nominated offices at the Primary Election, and a candidate nominated for a voter-nominated office at the Primary Election is not the official nominee of any party for the office in question at the ensuing General Election. A candidate for nomination or election to a voter-nominated office must, however, designate his or her party preference, or lack of party preference, and have that designation reflected on the Primary and General Election ballot, but the party designation so indicated is selected solely by the candidate and is shown for the information of the voters only. It does not constitute or imply an endorsement of the candidate by the party designated, and no candidate nominated by the qualified voters for any voter-nominated office shall be deemed to be the officially nominated candidate of any political party. The parties may have a list of candidates for voter-nominated offices, who have received the official endorsement of the party, printed in the sample ballot.
All voters, regardless of the party for which they have expressed a preference upon registering, or of their refusal to disclose a party preference, may vote for any candidate for a voter-nominated office, provided they meet the other qualifications required to vote for that office. The top two vote-getters at the Primary Election advance to the General Election for the voter-nominated office, and both candidates may have specified the same party preference designation. No party is entitled to have a candidate with its party preference designation participate in the General Election unless such candidate is one of the two highest vote-getters at the Primary Election.
Nonpartisan Offices
Under the California Constitution, political parties are not entitled to nominate candidates for nonpartisan offices at the Primary Election, and a candidate nominated for a nonpartisan office at the Primary Election is not the official nominee of any party for the office in question at the ensuing General Election. A candidate for nomination or election to a nonpartisan office may NOT designate his or her party preference, or lack of party preference, on the Primary and General Election ballot. The top two vote-getters at the Primary Election advance to the General Election for the nonpartisan office.
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