Frequently Asked Questions about California’s Electoral System

Frequently Asked Questions about California’s Electoral System By Chris Micheli

How many statewide officers are there? In California state government, there are nine constitutional offices elected statewide.

Are there term limits for constitutional officers? Yes, they are limited to serving a maximum of two 4-year terms in each office.

How many seats are in the Legislature? There are 80 Assembly Members and 40 Senators for a total of 120 legislative seats.

Are there term limits for legislative seats? Yes, the total that can be served is 12 years in either house or a combination, for a total lifetime limit of twelve years.

How often do legislators run for office? Assembly Members have to run for re-election every two years and State Senators have to run for re-election every four years.

How can an individual become a superior court judge? There are two ways to be a superior court judge in this state, either through appointment by the Governor or run for the office.

How can an individual become an appellate court judge? It is only by gubernatorial appointment (i.e., no one can run for such a judgeship) and they are subject to retention election every 12 years.

What is the process for California appellate court judges being selected? California appellate court judges are appointed by the Governor and then subject to confirmation by the JNE Commission and ultimately subject to voter approval through the use of a retention election.

What are some of the significant measures that have impacted California’s electoral system over the past decade? The first is the “top two primary,” the second is the modified term limits law; and, the third is the independent redistricting commission.

What is California’s Top Two Primary? In California, the two candidates who proceed to the November general election are the two candidates with the most votes at the primary.

What are some consequences of the Top Two Primary? There can be two Democrats facing each other, or two Republicans facing each other, or a Democrat facing a Republican, or a major party candidate facing a third-party candidate.

What was California’s original term limits law? Prop. 140 was adopted by the statewide voters in 1990. Under Prop. 140, Assembly terms were limited to three 2-year terms and Senators were limited to two 4-year terms.

What was the first effort to change California’s term limits law? There were two efforts, the first being unsuccessful, to change the term limits law. According to political pundits, the first measure failed because it was retroactive in its application, meaning that it applied to legislators who were in office at that time and that change was rejected by voters.

What was the second effort to change California’s term limits law? The second version, and ultimately the successful one, changed the term limits law to allow a maximum of twelve years of service in either house or a combination of the two.

What were the main reasons for the independent citizens redistricting effort? Critics claimed that incumbents were always protected in the decennial process and so challengers had a tougher time taking on long-term incumbents. Also, those in the minority party often complained that legislative district drawing resulted in seats ensuring majority party control with few “toss-up” seats that might change partisan hands.

How are state legislators elected? In California, state legislators are elected pursuant to what is called a “plurality vote in single winner contests,” as opposed to ranked-choice voting or multi-winner voting. The same occurs with constitutional officers who are elected on a statewide basis.

Are local government officials elected differently? Some local governments utilize a multi-winner election in which multiple candidates can be elected to the same office (such as the city council). Also, a handful of local jurisdictions utilize a ranked-choice voting system.

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