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LEAGUE OF WOMEN VOTERS OF CALIFORNIA EDUCATION FUND	Nonpartisan Pros & Cons 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"?

THE SITUATION

California law currently permits votes only for named candidates or write-in candidates. Proposition 23 would add sections to the California Elections Code, permitting an opportunity to vote for none of the named candidates in certain political races. This would be non-binding on the election results.

A binding "none of the above" (NOTA) option has been attempted in many states, either through the legislature or through the initiative process, but none have succeeded in becoming law. In a binding NOTA, if NOTA receives the most votes, a second election must follow for that office.

A non-binding NOTA, however, will not affect the election results, percentages, or winning results for the named candidates. Nevada has had a non-binding NOTA in place since 1976. Proposition 23 is modeled after the existing Nevada law.

THE PROPOSAL

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 would count for purposes of determining the election result.

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 election ballots.

SUPPORTERS SAY

· NOTA is aimed at bringing the non-voter to the polls 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 campaign financing or negative campaigning.

OPPONENTS SAY

· A non-binding NOTA is not an effective protest vote because the vote does not count. It will only sap energy, support and votes from third party candidates.

· The claim that NOTA will bring non-voters to the polls is overselling, and a non-binding NOTA is a worthless electoral reform.

For more information:

Supporters: (650) 508-8682, www.nota-cal.com
Opponents: (916) 448-3437, www.greens.org/cal

(Analysis prepared by the League of Women Voters of California Education Fund
for the March 7, 2000 Election.)

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