California Proposition 62 (2004)
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Proposition 62 was a
California ballot proposition California () is a U.S. state, state in the Western United States that lies on the West Coast of the United States, Pacific Coast. It borders Oregon to the north, Nevada and Arizona to the east, and shares Mexico–United States border, an ...
on the November 2, 2004 ballot. It failed to pass with 5,119,155 (46.1%) votes in favor and 5,968,770 (53.9%) against. Officially known as the Voter Choice Open Primary Act, the proposition was an
initiative Popular initiative A popular initiative (also citizens' initiative) is a form of direct democracy by which a petition meeting certain hurdles can force a legal procedure on a proposition. In direct initiative, the proposition is put direct ...
constitutional amendment A constitutional amendment (or constitutional alteration) is a modification of the constitution of a polity, organization or other type of entity. Amendments are often interwoven into the relevant sections of an existing constitution, directly alt ...
and
statute A statute is a law or formal written enactment of a legislature. Statutes typically declare, command or prohibit something. Statutes are distinguished from court law and unwritten law (also known as common law) in that they are the expressed wil ...
that provided for a modified
blanket primary The blanket primary is a system used for selecting political party candidates in a Partisan primary, primary election, used in Argentina and historically in the United States. In a blanket primary, voters may pick one candidate for each office wit ...
( two-round) election system like that used in the state of
Louisiana Louisiana ( ; ; ) is a state in the Deep South and South Central regions of the United States. It borders Texas to the west, Arkansas to the north, and Mississippi to the east. Of the 50 U.S. states, it ranks 31st in area and 25 ...
. Under the provisions of the proposition, instead of traditional partisan
primary election Primary elections or primaries are elections held to determine which candidates will run in an upcoming general election. In a partisan primary, a political party selects a candidate. Depending on the state and/or party, there may be an "open pr ...
s for statewide offices (in which voters have to be
registered Registered may refer to: * Registered mail, letters, packets or other postal documents considered valuable and in need of a chain of custody * Registered trademark symbol, symbol ® that provides notice that the preceding is a trademark or service ...
with a
political party A political party is an organization that coordinates candidates to compete in a particular area's elections. It is common for the members of a party to hold similar ideas about politics, and parties may promote specific political ideology, ...
to choose the nominee of that party in the primary), all candidates for election would appear on the primary election ballot (first round ballot), and all voters could vote for any candidate regardless of the party affiliation of the voter or candidates. The two candidates with the most votes (regardless of party or lack thereof) would later appear on the general election (second round) ballot. Prop 62 would have affected elections to all statewide elected officers (
Governor A governor is an politician, administrative leader and head of a polity or Region#Political regions, political region, in some cases, such as governor-general, governors-general, as the head of a state's official representative. Depending on the ...
,
Lieutenant Governor A lieutenant governor, lieutenant-governor, or vice governor is a high officer of state, whose precise role and rank vary by jurisdiction. Often a lieutenant governor is the deputy, or lieutenant, to or ranked under a governor — a "second-in-comm ...
,
Attorney General In most common law jurisdictions, the attorney general (: attorneys general) or attorney-general (AG or Atty.-Gen) is the main legal advisor to the government. In some jurisdictions, attorneys general also have executive responsibility for law enf ...
,
Insurance Commissioner An insurance commissioner (or commissioner of insurance) is a public official in the executive branch of a state or territory in the United States who, along with their office, regulate the insurance industry. The powers granted to the office of ...
, Controller, Secretary of State, and
Treasurer A treasurer is a person responsible for the financial operations of a government, business, or other organization. Government The treasury of a country is the department responsible for the country's economy, finance and revenue. The treasure ...
), for the
California State Legislature The California State Legislature is the bicameral state legislature of the U.S. state of California, consisting of the California State Assembly (lower house with 80 members) and the California State Senate (upper house with 40 members). ...
, and for federal
congressional A congress is a formal meeting of the representatives of different countries, constituent states, organizations, trade unions, political parties, or other groups. The term originated in Late Middle English to denote an encounter (meeting of ad ...
elections (to both the
U.S. House of Representatives The United States House of Representatives is a chamber of the bicameral United States Congress; it is the lower house, with the U.S. Senate being the upper house. Together, the House and Senate have the authority under Article One of th ...
and the
U.S. Senate The United States Senate is a chamber of the bicameral United States Congress; it is the upper house, with the U.S. House of Representatives being the lower house. Together, the Senate and House have the authority under Article One of the ...
. The proposition did exempt presidential primary elections and elections of party central committees. The provisions of Proposition 62 conflicted with those of Proposition 60, which the
California State Legislature The California State Legislature is the bicameral state legislature of the U.S. state of California, consisting of the California State Assembly (lower house with 80 members) and the California State Senate (upper house with 40 members). ...
referred on the ballot. That proposition essentially re-affirmed the existing partisan primary system. The
California Constitution The Constitution of California () is the primary organizing law for the U.S. state of California, describing the duties, powers, structures and functions of the government of California. California's constitution was drafted in both English ...
provides that if the provisions of two approved propositions are in conflict, only the provisions of the measure with the higher number of "yes" votes at the statewide election take effect. Since Prop 60 passed and Prop 62 did not, the issue was moot. {{Clear


Official summary

* Requires primary elections where all voters may vote for any state or federal candidate regardless of how a voter or candidate is registered. * Exempts presidential nominations and elections of party-central committees. * Only the two primary election candidates receiving most votes for an office, whether they are candidates with "no party" or members of same or different party, would be listed on general election ballot. * In special primary election, candidate receiving majority vote is elected. * Requires political party's consent for identification of candidates' party registration on ballot and in other official election publications. Summary of Legislative Analyst's Estimate of Net State and Local Government Fiscal Impact: * No significant net fiscal effect on state and local governments.


See also

List of California ballot propositions 2000-present The following is a list of California ballot propositions broken down by decade. Propositions can be placed on the ballot either through the exercise of the initiative power by the voters or by a vote of the state legislature. The state initiati ...


External links


Voter Information Guide with text of Proposition 62
62 Failed amendments to the Constitution of California Initiatives in the United States