WARNING CALIFORNIA VOTERS - MISLEADING BALLOT LEGEND SEEMS TO BAR WRITE INS -Doesn't apply

[sailingaway]

I just got my Official Sample Ballot

President/Vice President
Mitt Romney/Paul Ryan [Republican]
Gary Johnson/James Gray [Libertarian]
Roseanne Barr/Cindy Sheehan [Peace and Freedom]
Barack Obama/Joesph Biden [Democrat]
Jill Stein/Cheri Honkala [Green]
Thomas Hoefling/Robert Ornelas [American Independent]

"Write In Candidates: Pursuant to Elections Code 8606, Write in votes are not authorized for Voter-nominated offices at the general election"

US Senator
Elizabeth Emken [R]
Dianne Feinstein [D]

US Rep
Joe Baca [D]
Gloria Negrete Mcleod [D]

State Assemby
Kenny Coble [R]
Norma Torres [D]

------------------------------

Looks like I'll be voting for Gary Johnson. Possibly Obama (if Romney is doing good) to give Rand or another freedom candidate a chance in 2016.

Wow! That write in legend is really misleading!!! That is for the non presidential offices only, because electors are the candidate for president and it is by separate statute. Check Elections code Section 8650:

Any group of individuals, equal in number to the number of presidential electors to which this state is entitled, who desire to be write-in candidates for presidential electors pledged to a particular candidate for President and Vice President of the United States shall file a declaration of write-in candidacy.

and 8651

The declaration of write-in candidacy for presidential elector shall contain the following information:

(a)Candidate's name.

(b)Residence address.

(c)A declaration stating that he or she is a write-in candidate for the office of presidential elector.

(d)Oath or affirmation as set forth in Section 3 of Article XX of the California Constitution.

(e)The date of the general election.

(f)The names of the candidates for President and Vice President of the United States for which the group of presidential electors are pledged.

and 8652

The declaration of write-in candidacy shall be filed with the Secretary of State no later than the 14th day prior to the general election.

and 8653

Only those names written on the ballot at the general election for the office of President and Vice President of the United States for which a group of presidential electors are pledged on the declaration of write-in candidacy filed pursuant to Section 8650 shall be counted as votes.

hence my forms for elector and the directions, patterned on a 'sample' the secretary of state's office sent me to use:

http://dl.dropbox.com/u/106853479/e... write in candidacy (plus directions) 002.bmp

http://dl.dropbox.com/u/106853479/REVISED Directions for submitting Ron Paul elector forms.docx

note that a similar effort was successful in 2008 - scroll down for the certified write in candidates:

http://www.lavote.net/Voter/PDFS/ELECTION_RELATED/11042008_LIST_WRITE_IN_CANDIDATES.pdf

we are still in the process of gathering elector notorized forms, but if we file 55 by Oct 23, as we intend to do, he will be a CERTIFIED write in candidate. Otherwise writing him in will put your vote in the catchall 'undervote' none of the above. However, after October 26 you can check the secretary of state's office for the certified write in presidential candidates, so you will know one way or the other.

This legend does NOT apply to the president/vice president office.

 

[Karsten]

Yeah, I really HATE the "top two" candidates rule for non presidential offices. I can't vote straight libertarian like I usually do, and I'll have to leave most of it blank.

 

[alucard13mmfmj]

There is another section XD...

"Write in Candidates: pursuant to election code 15340, a voter is entitled to cast a vote for a qualified write-in candidate for any party-nominated office by writing, on the write in portion of the ballot, the name and office of the qualified candidate. see pollworker for a list of qualified candidate". ;s.

 

[sailingaway]

Please retweet this: https://twitter.com/usernamenuse/status/257215323487498241

 

[sailingaway]

bump

 

[sailingaway]

bump

 

[Keith and stuff]

What about the offices without any candidates? If write-ins don't count, will those positions go unfilled or will the government just appoint someone to those positions?

 

[Smart3]

What about the offices without any candidates? If write-ins don't count, will those positions go unfilled or will the government just appoint someone to those positions?

I don't think that would ever happen.

 

[Keith and stuff]

I don't think that would ever happen.

It is common where I live. It usually happens in local elections but there isn't a candidate for a countywide office where I live so I write-in candidate will likely win.

 

[sailingaway]

What about the offices without any candidates? If write-ins don't count, will those positions go unfilled or will the government just appoint someone to those positions?

I don't think there are any offices without candidates on the ballot. But the organizations or state (since central committee for the gOP is on the ballot here) would have rules to fill vacancies which would apply.

 

[ebod]

Niether my sample ballot issued by the county or the California General Election guide issued by the Sec. of State have that language in them. My sample ballot shows a blank space for a write-in candidate with the arrows that need to be connected. There is a page about the the Top Two Candidates Open Primary Act. Each county must be allowed to include different verbiage. I'm sure none of them would ever try to mislead or confuse the voters.