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Nonpartisan In Depth Analysis of

PROPOSITION 23

"NONE OF THE ABOVE" BALLOT OPTION

Initiative Statute

THE QUESTION

Should state law require all election ballots for certain federal and state offices to provide voters with the non-binding option of voting for "none of the above"?

PROVISIONS

Proposition 23 would:

  • Apply to ballots in all primary, general, special and recall elections in California

  • Allow voters the choice of voting for "None of the Above" rather than a named candidate in all state and federal elections in California, except for Supreme Court and appellate justices

  • Require that "None of the Above" votes be tallied and reported in official election results, but only votes for named candidates will count for purposes of determining the election result.

BACKGROUND

California law currently permits votes only for named candidates or write-in candidates. Proposition 23 would amend and add sections to the Elections Code to include the "None of the Above" ballot designation. Voters would have the chance to designate "None of the Above" for the offices of President, Vice President, Member of the United States Senate, Member of the House of Representatives, Governor, Lieutenant Governor, Attorney General, Controller, Secretary of State, Treasurer, Superintendent of Public Instruction, Insurance Commissioner, Member of the Board of Equalization, Member of the Assembly and State Senator. Other sections of law, which apply to counting and reporting the votes for the above offices, would also be amended.

Under the provisions of Proposition 23, while votes for "None of the Above" (NOTA) would be tallied, the count would be non-binding and the candidate who received the most votes for the office would win the election.

Efforts to establish a binding NOTA option have been made in many states (either through the legislature or through the initiative process), but they have not succeeded. In binding NOTA, if NOTA receives the most votes, a second election, usually with different candidates, must follow for that office.

Nevada, however, has had a non-binding NOTA in place since 1976. The California NOTA is based on the existing Nevada law. In the more than 20 years since the Nevada NOTA has been in place, NOTA has come in first in only four primary elections. Since the Nevada NOTA is non-binding, no second election has ever been held.

FISCAL IMPACT

The Legislative Analyst's Office reports the measure could result in minor costs to state and county governments to modify their vote counting and election reporting procedures as a result of adding the choice "None of the Above" to candidate election ballots.

IMPACT OF YES OR NO VOTE

A YES vote would require all election ballots for certain federal and state offices to provide voters with the option of voting for a non-binding "None of the Above."

A NO vote would not permit the option of "None of the Above" on any ballot.

SUPPORTERS SAY

  • NOTA is aimed at the non-voter, not the voter.

  • Voter apathy could be lessened if voters felt they had a chance to voice discontent.

  • A non-binding NOTA is a symbolic protest vote.

  • A substantial NOTA vote would give politicians a message that voters do not like special interest financing or negative campaigning.

OPPONENTS SAY

  • A non-binding NOTA is not an effective protest vote because the vote does not count.

  • A non-binding NOTA could sap energy, support and votes from third-party candidates. In federal elections, they might not garner enough votes to qualify for matching funds, a campaign financing reform already in place.

  • While voter apathy is appallingly high, the claim that NOTA will bring non-voters to the polls is "overselling."

  • A non-binding NOTA is worthless electoral reform.

SUPPORTERS AND OPPONENTS

The official ballot arguments in support are signed by Amanda Gutwirth, Social Worker; David James, Small Business Owner; Susan Howell, Waitress; and Alan F. Shugart, Businessman.

The official ballot arguments in opposition are signed by Sara Amir and John Strawn, Spokespersons, Green Party of California; Dona Spring, City Councilmember, Berkeley; John B. Anderson, 1980 Independent Presidential Candidate; and Julie Partansky, Mayor of Davis.

For more information:

Supporters: Teri Shugart Erickson, Friends of Ernest Political Action Committee, 650-508-8682, email terilkse@pacbell.net, www.nota-cal.com

Opponents: Green Party of California, 916-448-3437, email gpca@greens.org, www.greens.org/cal


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Last updated: January 24, 2000
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