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Decline to State - Voter Information


Decline to State information can now be heard through the Secretary of State's toll-free number of 1-800-345-VOTE (8683). You may refer all voters to call this line and press option 7 to hear specific information regarding DTS voters.

History Behind California's Primary Election System

"Decline to State" Voters - Voting in the Upcoming Primary

Deadline for Political Parties that have Adopted Party Rules in Accordance with SB 28 for the June 3, 2008, Statewide Direct Primary Election

List of Political Parties that have Adopted Party Rules in Accordance with SB 28


History Behind California's Primary Election System

Closed Primary System
A "closed" primary system governed California's primary elections until 1996. In a closed primary, only persons who are registered members of a political party may vote the ballot of that political party.

Open Primary System
The provisions of the "closed" primary system were amended by the adoption of Proposition 198, an initiative statute approved by the voters at the March 26, 1996 primary election. Proposition 198 changed the closed primary system to what is known as a "blanket" or "open" primary, in which all registered voters may vote for any candidate, regardless of political affiliation and without a declaration of political faith or allegiance.

On June 26, 2000, the United States Supreme Court issued a decision in California Democratic Party, et. al. v. Jones, stating that California's "open" primary system, established by Proposition 198, was unconstitutional because it violated a political party's First Amendment right of association. Therefore, the Supreme Court overturned Proposition 198.

Modified Closed Primary System
California currently has a "modified" closed primary system. SB 28 (Ch. 898, Stats. 2000), relating to primary elections, was chaptered on September 29, 2000 and took effect on January 1, 2001. SB 28 implemented a "modified" closed primary system that permits unaffiliated ("decline to state") voters to participate in a primary election if authorized by an individual party's rules and duly noticed by the Secretary of State.
(Ch. 898, Stats. 2000)


"Decline to State" Voters - Voting in the Upcoming 2008 Statewide Direct Primary Election

If you are a voter who has declined to state an affiliation with a political party, you may be able to vote for a candidate of a specific party in the upcoming June 3, 2008 Statewide Direct Primary. You may request, from your county elections official or at your polling place, the ballot of a political party if authorized by the party's rules and duly noticed by the Secretary of State. Click here to obtain county elections office contact information.

If you do not request such a ballot, you will be given a nonpartisan ballot, containing only the names of all candidates for nonpartisan offices and measures to be voted upon at the primary election.


Deadline for Political Parties that have Adopted Party Rules in Accordance with SB 28
(Ch. 898, Stats. 2000) for the June 3, 2008, Statewide Direct Primary Election
 

Political parties have until 135 days prior to an election to provide a written notice to the Secretary of State indicating the adoption of a rule allowing decline to state voters to vote the ballot of that individual party. The deadline for the June 3, 2008, Statewide Direct Primary Election was January 20, 2008.


List of Political Parties that have Adopted Party Rules in Accordance with SB 28 for the Statewide Direct Primary Elections
 

The following qualified political parties filed the requisite statement notifying the Secretary of State that they adopted a party rule permitting unaffiliated voters to request their party ballot in the June 3, 2008 Statewide Direct Primary Election to participate in the primary election for partisan offices (except for county central committee candidates):

  • American Independent Party, letter dated January 22 and January 24, 2008
  • Democratic Party, letter dated January 8, 2008
  • Republican Party, letter dated September 24, 2007
 

History of Political Parties that have Adopted Party Rules in Accordance with SB 28

Two qualified political parties filed the requisite statement notifying the Secretary of State that they adopted a party rule permitting unaffiliated voters to request their party ballot in the February 5, 2008 Presidential Primary Election to participate in the primary election for partisan offices:

  • Democratic Party, letter dated September 19, 2007
  • American Independent Party, letter dated August 23, 2007

Three of the qualified political parties filed the requisite statement notifying the Secretary of State that they adopted a party rule permitting unaffiliated voters to request their party ballot in the June 6, 2006 Primary Election to participate in the primary election for partisan offices:

  • Democratic Party, letter dated January 4, 2006
  • American Independent Party, letter dated January 10, 2006
  • Republican Party, letter dated January 23, 2006

Three of the qualified political parties filed the requisite statement notifying the Secretary of State that they adopted a party rule permitting unaffiliated voters to request their party ballot in the March 2, 2004 Primary Election to participate in the primary election for partisan offices:

  • Democratic Party, letter dated October 20, 2003
  • American Independent Party, letter dated September 30, 2003
  • Republican Party, letter dated October 20, 2003



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