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California Code, Elections Code - ELEC § 10204.5

Current as of January 01, 2025 | Updated by Findlaw Staff

(a) As provided in this act, at each election for the office of United States Representative, United States Senator, State Senator, or Member of the Assembly, the ballot shall inform voters regarding any incumbent or nonincumbent candidate's failure to support the above proposed Congressional Term Limits Amendment.

(b) All primary, general, and special election ballots shall have the information “DISREGARDED VOTERS' INSTRUCTION ON TERM LIMITS” printed adjacent to the name of any State Senator or Member of the Assembly who during the regular legislative session following the most recent general election:

(1) Failed to vote in favor of the application set forth in Section 10204.3 when brought to a vote;  or

(2) Failed to second the application set forth in Section 10204.3 if it lacked for a second;  or

(3) Failed to vote in favor of all votes bringing the application set forth in Section 10204.3 before any committee or subcommittee upon which he or she served in the respective houses;  or

(4) Failed to propose or otherwise bring to a vote of the full legislative body the application set forth in Section 10204.3 if it otherwise lacked a legislator who so proposed or brought to a vote of the full legislative body the application set forth above;  or

(5) Failed to vote against any attempt to delay, table, or otherwise prevent a vote by the full legislative body of the application set forth in Section 10204.3;  or

(6) Failed in any way to ensure that all votes on the application set forth in Section 10204.3 were recorded and made available to the public;  or

(7) Failed to vote against any change, addition, or modification to the application set forth in Section 10204.3;  or

(8) Failed to vote in favor of the amendment set forth in Section 10204.2 if it was sent to the states for ratification;  or

(9) Failed to vote against any term limits amendment other than the proposed amendment set forth in Section 10204.2, if such an amendment was sent to the states for ratification.

(c) The information “DISREGARDED VOTERS' INSTRUCTION ON TERM LIMITS” as required by any of paragraphs (1) to (7), inclusive, of subdivision (b) shall not appear adjacent to the names of candidates for the State Senate or Assembly if the State of California has made the application to Congress for a convention for proposing amendments to the U.S. Constitution pursuant to this article and such application has not been withdrawn.

(d) The information “DISREGARDED VOTERS' INSTRUCTION ON TERM LIMITS” as required by either of paragraphs (8) and (9) of subdivision (b), shall not appear adjacent to the names of candidates for the State Senate or Assembly if the Congressional Term Limits Amendment set forth in Section 10204.2 has been submitted to the states for ratification and ratified by the California Legislature, or the proposed Congressional Term Limits Amendment set forth in Section 10204.2 has become part of the U.S. Constitution.

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Cite this article: FindLaw.com - California Code, Elections Code - ELEC § 10204.5 - last updated January 01, 2025 | https://codes.findlaw.com/ca/elections-code/elec-sect-10204-5/

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