The state constitution provides a number of voting rights for its residents. These are found in Article II, which was most recently amended by Prop 14 on June 9, 1976. Article II includes several sections related to voters and voting and is mainly focused on the forms of direct democracy: initiative, referendum, and recall.
Section 2 of Article II provides that a U.S. Citizen, 18 years of age or older, who is a resident of California may vote. Section 2.5 specifies that a voter who cast a vote in an election that follows the laws of the state shall have his or her vote counted. Section 3 of Article II provides that the Legislature shall define residents and provide for registration for voters, and to provide for free elections. Section 4 states that the Legislature must prohibit the improper practices that affect elections as well as provide for the disqualification of electors while mentally incompetent or imprisoned or on parole for the conviction of a felony.
Section 5 of Article II provides that a voter-nomination primary election be conducted. This is for the purpose of selecting candidates for congressional seats, as well as state elected offices in California. All voters may vote at a voter-nominated primary election for any candidate for congressional, and state elected office without regard to their political party preference provided that the voter is qualified to vote for candidates. The candidates then who are the top two vote-getters at this voter-nominated primary election for the congressional and state elected offices shall compete in the ensuing general election in November, and again, this is regardless of party preference of the candidates.
Section 6 states that all judicial, school, county, and city offices, as well as the statewide Superintendent of Public Instruction, shall be non-partisan races. And then Section seven requires that voting be done in secret.
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