CA Independents: You May Not Be Able to Vote for President

Thousands of absentee voters registered as Independents are in for a shock when they open their ballot envelopes for the upcoming Primary Election and discover there are no presidential candidates’ names on their ballot.  If you've already opened your envelope and discovered this, then you're probably one of over 10,000 California voters who have already called their county Registrar of Voters to find out how to fix the problem.  You learned that the Registrar would mail you a partisan (e.g., Democratic, Green, or American Independent) ballot, which you could then fill in and mail back.  (Republicans have excluded Independents in this election.)

If you are registered as a Democrat, a Republican, or another officially recognized 3rd party such as the Green Party, you received a Vote by Mail ballot in the mail that included your party’s slate of presidential candidates.  However, if you are registered as an Independent (or Decline to State) voter and requested an “Absentee” (Vote by Mail) ballot, the ballot you received was a “non-partisan” ballot.  This means that it has all the measures and propositions listed, but no slate of presidential candidates.

Unfortunately, many Independent voters haven't looked at their ballots yet, and time is of the essence.  Voters must request their new ballots from the Registrar by the 29th of January or it's too late.  They can also carry their ballot into their polling place and exchange it there for a ballot with presidential choices.

But here the voter who registered Independent may run into another problem:  This year, California has eliminated walk-in polling places in many precincts throughout the state.  So voters who are used to voting at their walk-in polling place may assume it's still there and then discover it's gone.

Voters in areas where their polling places have been eliminated can only vote by using Vote by Mail ballots (formerly referred to as “Absentee” ballots).  They will have already received them, but may not have known why.  A mail-in ballot must be received by your County Election Department by the close of polls (8 P.M.) on Election Day (Feb. 5).  You may also choose to bring it in person to any county polling place on Election Day.

Another problem reported by Registrars of Voters is that some people who wished to register as Independents mistakenly registered as American Independents (an official 3rd party with its own slate of candidates).  Unfortunately, those voters just discovering this mistake will not be able to vote for any other party’s candidates, because the deadline to change their affiliation was Jan. 22.

So, if you are a voter who registered Independent and Absentee and wish to vote for one of a political party’s presidential candidates, you must call your Registrar of Voters at your county’s Election Department and request a partisan ballot (e.g., Democratic Party, Green Party, American Independent Party).  You should receive a new ballot promptly.  Alternatively, you can bring your Independent (Decline to State, or non-partisan) ballot to your polling place on Election Day and exchange it for the partisan ballot of your choice—if your polling place is still there.

These are some of the problems California voters may face as a result of confusing rules and changes in how we vote.  Voters who registered Independent and haven't yet dealt with these problems need to examine their ballots immediately, call their Registrars, and get new ballots.  Otherwise, they risk losing their voice in this important upcoming Primary election.

•  The rules are set by the parties

  not by california , iirc .

  by indycam on Fri Jan 25, 2008 at 10:43:33 AM PDT

  •  This is just a heads up to voters like me

    who opened their absentee ballot and found no presidential candidates on the ballot.

    by moon in the house of moe on Fri Jan 25, 2008 at 10:49:14 AM PDT

    •  Your poll asks

      if cali should have an Open Primary ,
      the republicans have said no one but a republican can vote for a republican in cali .
      The Dems will count your vote if you are not a Dem .

      by indycam on Fri Jan 25, 2008 at 11:07:42 AM PDT

    •  If your going to write about CA voting, then get

      the terminology right- Its "Decline to State."  Decline to state, not "independent,"  please update your blog title.  Thank you.  

      by eyesonthestreet on Fri Jan 25, 2008 at 11:35:41 AM PDT

      •  I registered Independent

        and I got a non partisan ballot. The Registrar told me Independents are Decline to state. So this is addressed to people who registered Independent and are surprised when the look at their ballot and it doesn't have choices for President.

        by moon in the house of moe on Fri Jan 25, 2008 at 11:45:31 AM PDT

        •  you mean American Independent Party, not

          "Independent" as is familiar in every other state in the union.  The choices are either all of the standard parties, or "Nonpartisian (decline to state) ," as you know.

          It's so confusing, hope this catches some of those wondering what the heck?

          by eyesonthestreet on Fri Jan 25, 2008 at 01:37:03 PM PDT

  •  Then why don't the parties pay for the primary?

    If public tax money goes to funding these primaries, then I should be able to vote for whomever I wish regardless of party affiliation. Plain and simple.

    by ScienceRocks on Fri Jan 25, 2008 at 11:03:54 AM PDT

    •  Now all you have got to do

      is get everyone else to agree with you .
      It really should not be to difficult , cause its only politics .
      Everyone will jump to your position ASAP and you will be hailed far and wide as a true visionary .

      Or maybe the parties will continue to have their own ideas of how they want to set up things .

      by indycam on Fri Jan 25, 2008 at 11:18:33 AM PDT

•  as a former non partisan voter myself

  in a vote by mail district here in California, (I am now a registered Dem) when I register people to vote--they overwhelmingly want to register as non partisan voters.  I explain at length about the need to request a partisan ballot should they decide they want to vote for, oh say, anybody for President in the Primary.  They all shrug it off and then are PO'd when the primary comes around and they can't vote.  <shrug>

  Yes, by all means request a partisan ballot, but wouldn't it be easier just to become a registered Democrat?

  by espresso on Fri Jan 25, 2008 at 10:52:55 AM PDT

•  Your title misrepresents the issue.

  Independents can't vote for Dem, Rep, or Green nominees for anything - and none of the others can vote for the other parties' nominees either.  They can however vote to nominate the Independent Party's - which is an official party in CA - candidates.  The Independent Party should have fielded a candidate - and you should complain to them that you have no choices at that level - not the other parties that do have candidates.  So I am sorry, but if you wanted to participate in any of our other primaries, you would need to join one of the parties that has candidates or get your own.

  by inclusiveheart on Fri Jan 25, 2008 at 10:54:10 AM PDT

  •  This is actually a confusing issue:

    In California, people often call themselves "Independent" voters when they mean "Non partisan".  

    In CA we have the "American Independent Party" (which is far to the right of the GOP) and they nominate a Presidential candidtae just like the Dems, Greens & Repugs.

    Non Partisan or "Decline to State" voters on the other hand are actually unaffiliated with any party, but have historically had the right to request a partisan ballot.  This election cycle, the GOP is not letting non partisan voters request a ballot.  The Dems and Greens and Libs (I believe) are.

    I hope that clears up any confusion.

    by espresso on Fri Jan 25, 2008 at 11:01:07 AM PDT

  •  I just took a election clerk class

    yesterday .
    "and none of the others can vote for the other parties' nominees either."
    This is not really true .
    The republicans will not let anyone but a republican vote for a republican .
    The Dems on the other hand are open to others .

    by indycam on Fri Jan 25, 2008 at 11:01:42 AM PDT

    •  Registered non-partisans

      can vote American Independent or Democratic, if they wish.

      by murphy on Fri Jan 25, 2008 at 11:34:50 AM PDT

  •  no, that's not true, CA has a "decline to state"

    status voters can choose when registering to vote. These "decline to state" voters are true independents, who register to vote without stating any party affiliation.

    In California, the party organizations decide whether to allow these "decline to state" voters to participate in their party primaries. Only two parties in CA allow "decline to state" voters to vote in their primaries: the Democratic Party and the American Independent Party

    but -- as moon notes! -- if you're currently a "decline to state" voter (too late to change for this upcoming election), you have to specifically request a partisan ballot for the party's primary election you want to participate in.

    here's the info on "decline to state" voters voting in CA primaries from the Secretary of State's office

    http://voterguide.sos.ca.gov/...

    by jennifer poole on Fri Jan 25, 2008 at 11:21:11 AM PDT

    •  They are supposed to specifically ask

      if you WISH to vote either American Independent or Democratic.

      by murphy on Fri Jan 25, 2008 at 11:35:38 AM PDT

      •  who is "they"? you mean poll workers? I've

        never heard that before, although it could be a policy of some of the CA counties, I guess, at the polls themselves. I would tend to doubt it, though, a little too close to "electioneering" at the polls, IMO. Certainly all I've read, plus the official info at the link I posted, specifically says "upon request" several times, and more:

        If you do not request a specific ballot, you will be given a nonpartisan ballot containing only the names of candidates for nonpartisan offices and the measures to be voted upon at the February 5, 2008, Presidential Primary Election.

        and far as moon's point about absentee ballots, you're not suggesting local elections officials are supposed to contact absentee voters and ask them if they want a partisan ballot before mailing out absentee ballots? No way that is true.

        by jennifer poole on Fri Jan 25, 2008 at 11:51:47 AM PDT

        •  Yes, the poll workers

          We are TRAINED to do that. At least in Los Angeles County ! It's in writing, in the materials we were given at the training session.

          The asbsentee voters have another problem entirely, and I think there has to be some change in how they are handled.

          I think maybe the ballot materials should say ON THE ENVELOPE IN BIG LETTERS something like "If you are registered DECLINED TO STATE you may wish to contact your registrar's office IMMEDIATELY if you wish to vote in either the American Independent or Democratic presidential selection process."

          by murphy on Fri Jan 25, 2008 at 11:55:13 AM PDT

          •  OK, thanks. I wonder if poll workers in my county

            will be doing that this election, too. Certainly, one would presume that in any county that trains their poll workers to ASK instead of waiting for a request, there will be a higher percentage of voters who do, in fact, say, "Oh, OK, I'll take a Democratic ballot," who wouldn't have asked for it, otherwise.

            interesting. yes, the envelope should (should've -- they've gone out already) say something like that -- many people don't open their packet until they're ready to vote.

            by jennifer poole on Fri Jan 25, 2008 at 12:31:07 PM PDT

            •  In my precinct and general area

              there are lots of "declined to state" voters and they almost always ask for Dem ballots in primaries.

              by murphy on Fri Jan 25, 2008 at 12:36:06 PM PDT

•  Go Independent then F all of them

  see how fast they change the process

  by army193 on Fri Jan 25, 2008 at 11:05:35 AM PDT

•  I'm sorry but this diary's title is incorrect

  As a Decline to State voter who is voting absentee, you can vote in the Primary for a Democratic or American Independent or other party of your choice. (Republicans choose for some unknown reason to exclude Decline to States from their primary.)

  You merely have to call your local Registrar of Voters and request the ballot for your Party of choice.

  In the General Election your absentee ballot will list all nominee's.

  I've professionally staffed a number of campaigns and knew this to be true. I did, however, just check with my home Registrar of Voters to insure that I'm giving you exact information.
  
  Since there is some confusion on the topic I will be making a frontpage post on the topic at The Democratic Daily.

  Hope this clears things up....

  by BigDog04 on Fri Jan 25, 2008 at 11:27:09 AM PDT

  •  You may not be able to vote for President

    if you haven't looked at your ballot and called in time. The title is designed to alert people who may not have looked yet and as a result may look too late to get a new ballot.

    by moon in the house of moe on Fri Jan 25, 2008 at 11:47:50 AM PDT

•  I got one of those envelopes because

  I used one of the "early voting sites" in Los Angeles a couple of times-- although not recently.

  I am a long-time poll worker and used the site because it was near work and I didn't want to have to worry about my own voting on election day.

  Because the early voting locations used touch-screen, they were eliminated. You could get a paper ballot there, but they didn't tell people, so no doubt 99% of voters used the touch-screen machines.

  One thing to remember is, if you run into these kinds of problems, you can vote provisionally-- even if you are caught in traffic and can't get to the polls in time, you can vote at another location.

  Matters which do not relate to district boundaries, or city issues (you are registered to vote in Los Angeles but are stuck in Malibu because of a mudslide, for instance-- and don't laugh, it could happen this year !) will count, no matter where you are registered.

  That means you probably couldn't vote for a Congressional candidate unless the district includes where you are stuck, but your presidential primary vote is good, as would be your votes on statewide ballot propositions.

  While this may not be fully satisfactory, at this late date it's the best you can do. The deadline to register was 1/22 in CA for the 2/5 primary.

  If there is an issue as to what party you are registered with, you can vote provisionally. Your poll workers should know this

  by murphy on Fri Jan 25, 2008 at 11:28:38 AM PDT

•  California should have Closed Primaries

  If people want to vote in Democratic Primaries, they should have to register Democratic.

  It is beyond me why people would think that if they registered DTS, that their county would magically know which partisan ballot they want and send it to them.

  by ortcutt on Fri Jan 25, 2008 at 11:31:57 AM PDT

  •  Actually, the thing is set up for people to GO to

    the polls.

    While this may change at some point in the future in CA, don't hold your breath.

    Although many people do vote by mail, many more do not.

    Personally, I think it's better to have to actually show up unless you have a health or job problem with getting to the polls. Just my opinion.

    by murphy on Fri Jan 25, 2008 at 11:51:57 AM PDT

    •  Why?

      Personally, I think it's better to have to actually show up unless you have a health or job problem with getting to the polls. Just my opinion.

      What reason do you have for your opinion?  Mythical vote fraud?

      by ortcutt on Fri Jan 25, 2008 at 11:58:27 AM PDT

      •  Because I think it builds a sense of real

        participation that you just don't get mailing in your ballot.

        Why do the Dixville Notch folks get out in the middle of the night to vote like they do ? Because it's like a civic liturgy. It's important, and they KNOW it, from that little extra effort of going out to do it in the middle of the night. And they set an example for the rest of us by their effort.

        You simply can't get that from mailing in a ballot. Not to say people shouldn't do it that way if they have to, but you reconnect with your community by going to the polls.

        I see people I never see anywhere else, even at the grocery store, when they come to the polls. We get a chance to talk, catch up. It's good for the community.

        My 2 cents.

        by murphy on Fri Jan 25, 2008 at 12:40:51 PM PDT

        •  Oh, and ALSO, VERY IMPORTANT

          if you have kids, and bring them with you to vote, they learn early on that this is special, this is sacred, this is their duty and their privilege when they are old enough.

          And guess, what, it works ! I see kids I knew from when mine were little at the polls with their parents, now that the kids are young adults. And the ones who have children bring their little ones, even infants in arms.

          It's just neat to see that. Gives one hope for the future.

          And we (the polls workers and parents) always let the kids do a practice ballot and given them a sticker that says "I voted !"

          by murphy on Fri Jan 25, 2008 at 12:44:50 PM PDT

        •  Dixville Notch?

          They go out in the middle of the night because the press reports on them every year.  It's probably the biggest event those people ever experience.  Most people vote in obscurity and probably don't know anybody at their precinct.  I certainly don't.  Vote-by-mail on the other hand has a lot of advantages.  

          (1) More people vote when they are registered to vote-by-mail.  It's all well and good to talk about the feel-good aspects of precinct voting, but if people don't actually go to that precinct, that's not a good thing.

          (2) People who vote-by-mail can take their time, sit at the kitchen table and read their voter information pamphlet while they are voting.  They can check online for endorsements and read the literature that they got in the mail.  They don't have to stand at a machine in someone's garage.

          (3) No one has to get up early or race home from work in order to vote with VBM.

          (4) Someone who wants to inculcate the need to vote in their children can fill out their VBM ballot with them.  They can even take the ballot to the precinct on election day if they really want the experience of going to the precinct.

          by ortcutt on Fri Jan 25, 2008 at 02:39:34 PM PDT

          •  The press reports on them

            AND by doing that encourages others to get out and vote.

            Too many people who vote by mail seem to make decisions based on biased commercials instead of facts, and the truth only comes out after they have already sent off the ballots.

            You are supposed to prepare BEFORE you go to the polls, and not read the endorsements, etc., in line in the garage-- and this is something that needs to be taught in schools, by the way...

            No one should have to race to get home to vote-- I think voting should be Saturday AND Sunday, rather than Tuesday, as in most places.

            Filling out the VBM with you child is great, but the community aspect and the going out and making a big deal out of it is valuable, IMHO.

            As I said, just my 2 cents.

            by murphy on Fri Jan 25, 2008 at 03:30:10 PM PDT

  •  CA did have open primaries

    We passed a referendum to open the primaries a while back and actually voted openly until the parties sued to close them off. I always voted for the worst Republican but it never mattered.

    by bobinson on Fri Jan 25, 2008 at 11:58:34 AM PDT

    •  Right

      The Supreme Court rightly decided in California Democratic Party v. Jones that blanket primaries are unconstitutional insofar as they violate the right of free association.

      by ortcutt on Fri Jan 25, 2008 at 02:41:15 PM PDT