Political Science 1 - Introduction To Political Science - Power Point #11
Dr. Tabakian’s Political Science 1 US Government – Spring 2013 Power Point Presentation #11
COURSE LECTURE TOPICS – 1• Difference Between The US & California Constitution• Primary & General Elections• Party Qualification & Disqualification• Closed Primaries• Open Primaries• California’s Modified Closed Primary• Cross-filing System• Presidential Primaries• Recall Elections• Partisanship• Political Parties In California
COURSE LECTURE TOPICS – 2• Interest Group Conflict• Ways Elites Counter Mass Protest• Masses Acquiring More Power• Progressive Issue Campaigns• Modern Technology Amplifying Voices• How The Masses Perceive The Parties
DIFFERENCE BETWEEN US & CALIFORNIA CONSTITUTION (1)Article VI of the Constitution of the United States declares that: ‘‘ThisConstitution, and the Laws of the United States which shall be madeunder the authority of the United States, shall be the Supreme Law ofthe Land; and the Judges in every State shall be bound thereby,anything in the Constitution or Laws of any State to the contrarynotwithstanding.’’ The fundamental difference between the CaliforniaConstitution and the Constitution of the United States is that theFederal Constitution is a grant of power to Congress and is also alimitation upon its powers, whereas the State Constitution is alimitation upon the power of the State Legislature. The powers of theLegislature are inherent and are only restricted by the StateConstitution and the Constitution of the United States. The sphere ofstate activity is more extensive than that of the federal governmentsince its powers are original and inherent, not derived or delegated,as are the powers of the federal government.
DIFFERENCE BETWEEN US & CALIFORNIA CONSTITUTION – 2Perhaps the best description of this concept was set forth by Chief JusticeJohn Marshall, discussing the Federal Constitution in the early and famouscase of McCulloch v. The State of Maryland, when he stated: ‘‘The Government of the Union, is, emphatically, and truly, a government of the people. In form and in substance it emanated from them. Its powers are granted by them, and are to be exercised directly on them, and for their benefit. ‘‘This government is one of enumerated powers. The principle, that it can exercise only the powers granted to it, would seem too apparent to have required argument. ‘‘It is the government of all; its powers are delegated by all; it represents all, and acts for all. ‘‘The Government of the United States, then, though limited in its powers, is Supreme; and its laws, when made in pursuance of the Constitution, form the Supreme law of the land.’’
DIFFERENCE BETWEEN US & CALIFORNIA CONSTITUTION – 3Under the Federal Constitution, revenue bills originate only inthe House of Representatives. In California, revenue bills mayoriginate in either house. Among the contrasting powers of theexecutive, the Federal Constitution gives the President thepower to call both houses of Congress or either of them intoextraordinary session. The Governor of California has no powerto call only one of the houses into extraordinary session; theGovernor must call into session the entire Legislature. The U.S.Congress, when so convened, may legislate on subjects, whichare not specified in the President’s proclamation. In anextraordinary session of the California Legislature, however, thehouses may legislate only on those matters itemized in theGovernor’s proclamation.
DIFFERENCE BETWEEN US & CALIFORNIA CONSTITUTION – 4In the arena of foreign relations, the President of theUnited States, by and with the advice and consent ofthe U.S. Senate (provided two-thirds of the senatorspresent concur), is empowered to make treaties withforeign governments. Further, the U.S. Constitutionprohibits states from entering into any treaty with aforeign government. The California Constitutionexplicitly recognizes the U.S. Constitution as thesupreme law of the land, and consequently, noprovision for ‘‘treaty making’’ is vested in the Governor.
PRIMARY & GENERAL ELECTIONS – 1California holds primary and general elections to choose most of its stateofficeholders. The law regulates the direct nomination of candidates forpublic office by electors, political parties, or organizations of electors withoutconventions at the primary election and prescribes the conditions to becomplied with by electors, political parties, or organizations of electors inorder to participate in any such primary.PARTY QUALIFICATION & DISQUALIFICATION: Only officially qualifiedpolitical parties may participate in primary and general elections. There aretwo ways a proposed political party may qualify as an official party in thestate: by registering voters in the new party’s name, or by gatheringsignatures via petition. The law prescribes that if a proposed party choosesthe first option, it must achieve a statewide registration with that party’s nameequaling at least 1% of the total votes cast at the preceding gubernatorialelection (e.g., 77,389 registrations for the 2006 general election).
PRIMARY & GENERAL ELECTIONS – 2Qualifying by petition, on the other hand, requires signatures by voters equalin number to at least 10% of the total votes cast in the precedinggubernatorial election (e.g., 773,883 signatures for the 2006 generalelection). If a party can no longer garner at least 2% of the votes caststatewide for any one of its candidates running for any office in the lastgubernatorial election, it can be deemed disqualified. Both the Reform Partyand the Peace and Freedom Party were disqualified in 1999 because theydid not meet this vote threshold in the 1998 election. Both parties thennotified the Secretary of State that they intended to requalify based upon thenumber of registered voters. The Reform Party managed to requalify, only tobe disqualified in the next election cycle; the Peace and Freedom Partylaunched a voter registration drive to successfully regain its official status.
PRIMARY & GENERAL ELECTIONS – 3There are seven officially qualified political parties in California:the American Independent, the Democratic, the Green, theLibertarian, the Natural Law, the Peace and Freedom, and theRepublican. The Natural Law Party gained qualified status inlate 1995. The Green Party qualified in 1992, whereas theLibertarian Party achieved qualified status in 1980. The GreenParty elected its first member to the Legislature in a specialelection held March 30, 1999. Audie Bock of Alameda Countywas elected to the Assembly as a Green Party candidate, butlater changed her party affiliation to Independent. Interestingly,the third largest voter registration designation in California is‘‘decline to state,’’ constituting 18% of voter registrations.
CLOSED PRIMARIES: 1960-1996The purpose of the direct (closed) primary is to nominate partycandidates who will run for office at the ensuing generalelection. Until Proposition 198 was adopted by the voters inMarch 1996, California held ‘‘closed’’ primaries. In theseelections, only party members could participate in the electionof their own party’s candidates in the primary (e.g., onlyregistered Democrats could vote for Democratic candidatesrunning in a primary election). Separate ballots were printed foreach party so as to facilitate the closed primary process. Oncea primary election had determined which candidates would runin the general election, voters from all parties could ‘‘cross partylines’’ to vote for any candidate appearing on the generalelection ballot.
OPEN PRIMARIES: 1996 TO 2000 – 1In 1996, California voters passed Proposition 198, instituting the openprimary. The open primary system allows all voters, regardless ofpolitical affiliation, to vote for any candidate running in the primary.For example, a Green Party member could vote for the Democraticcandidate if the voter wished to, or for any other candidate listed onthe ballot. Unlike the previous years of closed primaries, whenmultiple ballots were printed (one for each party), the open primaryballot showed all the candidates’ names. The ballots contained arandom listing of the candidates; they were not grouped by partyaffiliation. The candidate from each party who received the mostvotes became that party’s nominee at the upcoming general election.However, the election of political party officers, such as a member ofa party’s central committee, were still only open to members of thatpolitical party.
MODIFIED CLOSED PRIMARIES: 2001 TO PRESENT – 2In response to the Supreme Court’s nullification ofCalifornia’s open primary, Senate Bill 28 was adoptedin 2000, instituting a ‘‘modified closed primary.’’ Thisnew system is like the old ‘‘closed primary’’ with oneexception: persons registered as ‘‘decline to state’’may vote in any party’s primary if the party rules allowfor it. As of October 2005, over 2.8 million Californians(18% of voters) were registered as ‘‘decline to state.’’
CROSSFILING: 1910 TO 1960It should be noted that from 1910 to 1960, the primary system allowedcandidates to ‘‘crossfile.’’ This process gave a person the opportunity to filefor candidacy in their own party’s primary as well as filing in another party’sprimary. For example, a Republican’s name could appear on bothDemocratic and Republican primary ballots and therefore secure both party’snominations for the general election. In the upcoming election, this crossfiledcandidate who had won both parties’ primaries would therefore rununopposed, virtually guaranteeing his or her election. Candidates with highname recognition, particularly incumbents, had substantial advantages underthe crossfiling system. Since the candidates’ true political party affiliation wasnot indicated on the primary ballot, a voter could easily vote for the oppositeparty’s candidate (based on name recognition) without realizing it. However,a candidate could not appear on the general election ballot if he or she wonthe other party’s primary, but failed to win his or her own party’s nomination.
PRESIDENTIAL PRIMARIES – 1Like the direct open primary, a presidential primary is also heldto nominate candidates who will run for office in the generalelection. In a presidential primary, the voters decide the numberof votes their party’s nominee or nominees receive fromCalifornia at the national convention which selects the party’scandidate for the office of the President of the United States.The presidential primary is a modified ‘‘closed’’ system inCalifornia. The direct primary and presidential primaries areconsolidated to maximize voter turnout and provide for a moreefficient electoral system. Initiatives also often appear onprimary ballots, therefore making primary elections more thanjust a simple party nomination process but, instead, substantialpolicy-oriented elections.
PRESIDENTIAL PRIMARIES – 2Primary elections in California are now held the first Tuesday after the firstMonday in June. From 1996 to 2004, California experimented with earlierprimaries, in an attempt to increase California’s influence in presidentialcontests. First, legislation was enacted in 1993 to temporarily move California’spresidential primary from June to March 26, 1996. Interestingly, many otherstates soon followed suit and moved-up their primaries as well, therebydiminishing the impact of California’s earlier election. The experimental Marchprimary date was set to return to the original June date after the 1996 electioncycle. However, supporters of the early California primary argued that theLegislature should move all future primary elections to an even earlier date. As aresult, in 1998, legislation was signed to move California primaries to the firstTuesday in March.30 Several western states followed suit in an attempt tomaximize the impact of the West Coast in presidential politics. Although theMarch 7, 2000 presidential primary made California a decisive battleground inthe race for the White House, the legislature decided to move the primary backto its original June date, beginning in June 2006. The general election is held inthe even-numbered year on the first Tuesday after the first Monday in November(e.g., November 7, 2006).
PARTISAN & NONPARTISAN OFFICESIn California there are two classes of offices to which candidates areelected—partisan and nonpartisan. Partisan offices are offices for which apolitical party may nominate a candidate. Nonpartisan offices are offices forwhich no political party may nominate a candidate. A constitutionalamendment was adopted by the people in 1986, which prohibits any politicalparty or party central committee from endorsing, supporting, or opposing acandidate for a nonpartisan office (Article II, Section 6(b)). This provision,however, was later declared to be in violation of the federal constitution andwas permanently prohibited from being enforced. The Governor, LieutenantGovernor, Secretary of State, State Treasurer, Attorney General, Controller,Insurance Commissioner and United States Senators are partisan officerselected by a vote of the electors of the entire state. Assembly Members,State Senators, Representatives in the United States Congress andMembers of the State Board of Equalization are also partisan officers, butthey are elected by the voters in the districts they represent.
THE POLITICAL REFORM ACTThe Political Reform Act was enacted by over 70 percent of the voters in theJune 1974 statewide primary election. It established the Fair PoliticalPractices Commission (FPPC) to administer and enforce its provisions. TheAct’s main purpose is to provide public disclosure of the financial influencesdirected at state and local public officials, including the disclosure of moneyraised and spent in election campaigns and money spent by public andprivate interests to lobby the State Legislature and state administrativeagencies. Under the Act, candidates, elected officials, and politicalcommittees must file reports at specified times each year disclosing sourcesof campaign contributions they receive and payments they make inconnection with election activities. Lobbyists and their clients also must filereports showing payments received and made to influence governmentaldecision-making at the state level.
CALIFORNIA’S ELECTORAL COLLEGE PROCESS – 1The selection process for presidential electors varies from state to state, and fromparty to party. In California, the electors are chosen by each political party to form a‘‘slate’’ of presidential electors. The designation of each party’s slate of electors mustbe filed with the Secretary of State prior to October 1 preceding the election. Eachpolitical party has its own method for selecting its electors. The Democratic Partyallows each Democratic Congressional nominee and each U.S. Senatorial nomineeto appoint a person as a Democratic elector. If there is no party nominee for aparticular district, the State Party designates a presidential elector for that respectivedistrict.The Republican Party appoints its slate of electors in a different manner. EachRepublican Party nominee for statewide office (i.e., Governor, Attorney General, etc.)serves as a presidential elector. Also, the most recent Republican nominees for theU.S. Senate, the two Republican state legislative leaders, and other designatedRepublican Party leaders also serve as electors. The Chair of the Republican CentralCommittee fills any vacancies.
CALIFORNIA’S ELECTORAL COLLEGE PROCESS – 2The Electoral College never meets as a whole body per se. However, theelectors of individual states do meet in their respective state capitols a fewweeks after the popular general election to cast their votes for President andVice President. The general election determines which party’s slate ofelectors will travel to Sacramento to exercise their lawful duties. Thepresidential candidate receiving the most popular votes on election day isentitled to all 55 of California’s electoral votes. In effect, when citizens casttheir votes on election day, they are actually voting for the candidate’s slateof presidential electors. Subsequently, on the first Monday after the secondWednesday in December, the winning slate of electors convene at 2 p.m. inthe State Capitol to cast votes for President and Vice President. The result ofthe vote is then transmitted to the President of the U.S. Senate.
CALIFORNIA’S ELECTORAL COLLEGE PROCESS – 3In January, the President of the Senate (the Vice President ofthe United States) presides over a joint session of Congress totally the sealed Electoral College votes of all 50 states and theDistrict of Columbia. The candidates receiving the requisite 270electoral votes are then announced as the President-elect andVice President-elect.As mentioned previously, if no candidatereceives a majority of electoral votes, it is the duty of the Houseof Representatives to elect the President and Vice President.Each state’s congressional delegation is entitled to only onevote, and the candidates receiving a majority (26 out of 50states) become the next President and Vice President.
RECALL ELECTIONS (1)SOURCE: CALIFORNIA’S LEGISLATURE 2006The Constitution provides that every elective public officer of the Stateof California may be removed from office at any time, evenimmediately upon assuming such office, by the electors entitled tovote for a successor of such incumbent. This procedure is known asthe recall. To recall an incumbent state officer elected at a statewideelection (e.g., Governor, Lieutenant Governor, Controller, Treasurer,Secretary of State, Attorney General, Superintendent of PublicInstruction, Insurance Commissioner, and Supreme Court Justices), apetition signed by qualified voters equal to at least 12 percent of theentire vote cast at the last election for all candidates for the office inquestion is required. The petition must be circulated in not less thanfive counties and must be signed by qualified electors in each ofthese counties equal in number to not less than 1 percent of the votescast in each of the counties for that office at the last election.
RECALL ELECTIONS (2)SOURCE: CALIFORNIA’S LEGISLATURE 2006To recall an incumbent state officer elected in a political subdivision of thestate (e.g., Assembly Members, State Senators, justices of the appellatecourts, and members of the State Board of Equalization), a petition signed byqualified voters entitled to vote for a successor to the incumbent equal innumber to at least 20 percent of the entire vote cast at the last election for allcandidates for that office is required. Prior to initiating a recall petition againsta state officer, the proponents of the recall must publish a notice of intentionto circulate such petition; serve the notice upon the officer sought to berecalled; and, file a copy of the notice and proof of service on the officer to berecalled with the Secretary of State. The notice of intention must include astatement of the grounds upon which the recall is being sought. Thisstatement, along with a rejoinder filed by the officer against whom the recallis being sought, appears on the petition for the information of the voters.Should the officer fail to answer, a statement to that effect shall appear onthe petition.
RECALL ELECTIONS (3)SOURCE: CALIFORNIA’S LEGISLATURE 2006When the petitions have been circulated they are filed with the countyclerk who verifies that the signatories are qualified electors. Uponeach submission of petitions or sections thereof, if less than 500signatures are included, the elections official must count the numberof signatures, and forward the results to the Secretary of State. Ifmore than 500 signatures are submitted, the official may verify arandom sampling of 3 percent of the signatures, or 500, whichever isless. When the Secretary of State determines and certifies that therequisite number of signatures have been obtained, the Secretarynotifies the Governor, who then calls for an election on the question ofrecall not less than 60, nor more than 80, days from the date ofcertification. The recall may be consolidated with another election inthat jurisdiction if the regularly scheduled election occurs within 180days of the recall certification.
RECALL ELECTIONS – 4Prior to 1994, the State Constitution did not give the Governorthe flexibility to consolidate a recall with another election. Theincreased timeframe (180 days, instead of the strict 60-to 80-day window) now gives the Governor the opportunity toconsolidate recall elections with other regularly scheduledelections in that jurisdiction, thereby reducing costs andperhaps increasing voter turnout. Accompanying, or as part of,the sample ballot are copies of the statement of the proponents’reasons desiring the officer’s removal and the officer’s answer(if any) defending his or her conduct in office.
RECALL ELECTIONS – 5On the election ballot the following question is posed:‘‘Shall [name of officer sought to be recalled] be recalled (removed)from the office of [title of office]?’’ Following the question are the words ‘‘Yes’’and ‘‘No’’ on separate lines, with a blank space at the right of each, in whichthe voter indicates his or her vote for or against recall.If a majority or exactly half of those voting on the recall of the incumbentstate officer vote ‘‘No,’’ the incumbent shall continue in office, and be repaidfrom the State Treasury any amount legally expended as expenses of suchelection. No proceedings for another recall election shall be initiated againsta successful incumbent within six months after such a recall election. If themajority voting at a recall election vote “Yes”, the incumbent shall be deemedremoved from office, upon the qualification of a successor.
CALIFORNIA RECALL ELECTIONCalifornia recalled GovernorGray Davis soon after hewas re-elected resulting fromwhat many have argued washis Administration’s positionregarding the state’seconomic health. This on topof the tripling of the car taxincensed citizens that led tohis removal from office.Enjoy this compilation ofcommercials from the 2003Recall Election.
PARTISANSHIPVariables can help determine partisanship like the religion, socialstatus and place of residence of the individual. For example,Catholics tend to be Democrats and Protestants tend to beRepublicans. Those individuals having a low social status tendedto associate with the Democrats and those holding high socialstatus tended to be Republican. Rural citizens tend to be moreclosely associated with the Republican Party and those residing inthe urban areas tended to lean towards the Democratic Party. Aconglomeration of variables or even a particular characteristic canassist us in determining individual behavior. Though this is true, itis the degree of partisanship one holds that remains the bestpredictor for determining how one may vote on Election Day.
CALIFORNIA REPUBLICAN PARTYThere are three conservative factions within the RepublicanParty. Individuals may identify themselves with more than one.These are:1. Financial Conservatives2. Social Conservatives3. Moral ConservativesMoral Conservatives are the most partisan and ideological who impact statewide office seekers during a primary. One can argue that moral conservative influence influenced Schwarzenegger to not seek the Republican nomination forGovernor in 2002. He instead waited for the right opportunity: The Recall Election of 2003.
CRP - MORAL CONSERVATIVE IMPACTGovernor Davis faced considerableopposition during his re-electioncampaign for governor. Richard Riordanwas viewed as the most formidableopponent if he were to be theRepublican nominee. Gray Davis’sstrategy was to attack Richard Riordanduring the primary so the moreconservative opponent, Bill Simonacquires the nomination. Thesecampaign commercials from Gray Daviswere directed towards moralconservatives to nominate Bill Simon.
DEMOCRATIC PARTY OF CALIFORNIAThe Democratic Party Of California is not split into three distinctfactions. It is known as the “Big Tent” or “Big Umbrella” Party.Though the party consists of various interest groups that are in aconstant pursuit for power, it does not have the same problem asthe California Republican Party.
MAJOR PARTY POWER DISTRIBUTIONEven though the nationalparties have become weaker National Partyand less active, that thesame cannot be said of state State Partyand local party organizations.Parties at the sub-national Local City / County Party Local City / County Partylevel are stronger and moreactive than they were in the Local City / County Party Local City / County Party1950s, which was at thepeak of partisanship. It was Local City / County Party Local City / County Partydiscovered that aspartisanship continued toerode that they shifted gearsin order to bolster theirmembership base.
HOW THE MASSES PERCEIVE THE PARTIESActivists are most likely to participate incampaign activities. These are the mostpartisan among typical voters. Two of themost common activities aside fromvoting is donating personal labor andfinancial resources. Political panderingrefers to how parties cater to their corebase of activists. Those found in theRepublican Party tend to be moreconservative than the averageRepublican voter. Democratic activistson the other hand tend to be more liberalthan the average Democratic voter.