Independent Voters Need to Be Aware of Their Right to Vote in California’s Democratic Presidential Primary

Secondly, there are questions about procedures used in Los Angeles County which seemingly may result in some of the votes of Decline to state voters not being counted despite the voter having made a choice if a bubble at the top of the form is not inked in. Take a look at the ballot (to the right) and the bubble next to line six that may have to be inked.

For further information, see David Dayen’s article on Calitics that lays it all out, including a letter from an attorney asked by the Courage Campaign to look into these Los Angeles only procedures. As a lawyer myself, I would think these ballots should be counted under state law—Elections Code 13102—that is my first impression of this issue—but voters in LA County should be aware of this. Votes are precious.

February 4, 2008

Honorable Debra Bowen
California Secretary of State
1500 11th Street
Sacramento, California 95814
Sent Via Fax (916) 653-4795

RE: Public Announcement on Decline to State Voters’ Ability to Vote the Ballot of a Political Party During the Presidential Primary.

Dear Secretary of State Bowen:

I want to bring to your attention a recurring question that I have been asked lately about the ability of voters who decline to state a party affiliation (decline to state voters) to vote the ballot of a political party during the presidential primary. On the eve of the primary, I believe that there is still a great deal of confusion and uncertainty over this matter.

As you may know, in 2000, the US Supreme Court ruled as unconstitutional the state’s “blanket primary” system that was enacted with the passage of Proposition 198 in 1996. Subsequently, the Legislature passed Senate Bill 28 (Chapter 898, Statutes of 2000) that provided for a “closed” partisan primary, but yet authorized persons who decline to state a party affiliation to vote the ballot of a political party if authorized by the rules of that party.

Unlike the Republic party, the Democratic party allows nonpartisan voters to vote in its party’s primary. It’s been reported to me that poll workers, through their respective county registrar of voters, have been instructed not to provide decline to state voters a Democratic party ballot unless the voter “specifically” requests such a ballot. If this is the case, then I believe such action violates the spirit of the law.

County registrars of voters should be reminded to instruct poll workers to inform decline to state voters that they have the choice to vote in the Democratic Party presidential primary. In order to alleviate any confusion at the polling place, I would encourage you to take the following actions:

1.) Immediately provide a press release to the media alerting the public to the fact that decline to state voters can vote in the Democratic presidential primary if they are inclined to do so.

2.) Instruct county registrars of voters to inform poll workers to clearly notify decline to state voters that they have the option of voting in the Democratic presidential primary.

3.) Create and distribute a sign to be posted at all polling locations stating, in clear English and other appropriate languages, that decline to state voters may vote in the Democratic presidential primary -- and that poll workers cannot refuse such a request.

Given the unprecedented timing of the presidential primary in California, I encourage you to act quickly to alleviate any confusion voters may still have about the rules and requirements to vote. I look forward to your immediate response to the proposed actions I’ve outlined.

Sincerely,

DEAN FLOREZ
Senator, Sixteenth District