AB 244

Top-five primaries for certain national offices

Under current law, electors voting in a partisan primary may select the party

whose candidates they wish to vote for and may cast votes for candidates only within

that political party. The single candidate who receives the greatest number of votes

for each office within each party is nominated to appear on the general election ballot.

Independent candidates and candidates of minor parties that do not qualify for a

separate party ballot, column, or row do not appear on the partisan primary ballot.

This bill provides that electors may vote in the primary for U.S. senator and

representative in Congress for any candidate regardless of party affiliation, and the

five persons who receive the greatest numbers of votes for each such office are

nominated to appear on the general election ballot. Under the bill, independent

candidates for such offices and candidates of minor parties appear on the top-five

primary ballot, and electors may vote for these candidates in the same manner as

other candidates.

Instant runoff voting for certain national offices in general elections

This bill requires instant runoff voting at the general election for U.S. senator

and representative in Congress. Under instant runoff voting, voters uses a

ranked-choice voting ballot and have the option to cast their vote for each office in

order of preference. If a voter ranks more than one candidate for an office, the voter

must indicate a preference between the candidates by designating one as “first

choice," another as “second choice," and subsequent choices in sequential preference.

A voter may also indicate as one of their preferences one or more write-in candidates

for any office.

If any candidate receives a majority of the first-choice preferences cast, that

candidate is elected. If no candidate receives a majority of the first-choice

preferences for an office or seat, the name of the candidate receiving the least number

of first-choice preferences is dropped, and the second-choice preferences of the

voters who preferred that candidate, if any, are then added to the first-choice

preferences received by the other candidates. If any candidate for the office or seat

then has a majority of the combined first-choice and reallocated preferences, that

candidate is elected. If not, the procedure is repeated until one candidate receives

a majority of the combined first-choice and reallocated preferences.