Proposal: Retaining Green Party of California Ballot Status Via Statewide Candidacy

Proposal: Retaining Green Party of California Ballot Status Via Statewide Candidacy
Sponsor: Green Party of Los Angeles County
Presenters: Timeka Drew, Mike Feinstein

Background: The Green Party of California (GPCA) initially qualified for the ballot on December 31, 1991 - and was officially certified as a qualified political party by the Secretary of State, based upon 100,897 Green registrations gathered by December 31, 1991, more than the 78,992 needed to qualify the party at that time (https://www.cagreens.org/history/founding).

Today the GPCA faces its greatest challenge since then in retaining ballot status, with ballot status only guaranteed through 2022, and with most long-term GPCA trends heading downward (more on this during the General Assembly presentation of this proposal and in the attachments below).

There are two ways the GPCA can retain its ballot status in 2022.  One is for a Green candidate for a statewide office to receive at least 2% in the June 2022 primary - either Governor, Lt. Governor, Attorney General, Secretary of State, Treasurer, Controller, Insurance Commissioner or U.S. Senate.  This could be either a single Green running for any of those offices, or more than one Green running for the same office, combining their totals.

The other way to retain ballot status is to maintain a Green voter registation total above a certain threshold. This proposal puts forward a 2022 strategy to retain GPCA ballot status via specific statewide races. A voter registration strategy to retain ballot status will be addressed in a separate proposal. Below are links to background material for this proposal.  At the GPCA General Assembly, a power point presentation will be made using some of this material.

The thrust of this proposal is that to give the GPCA the best chance to retain ballot status, the party should prioritize downticket statewide races where voters have been historically and demonstrably more apt to vote Green (compared to higher offices like Governor and US Senate - see attachment below), and where there are often fewer candidates runnning. While this would not exclude the possibility of candidates for other offices, the primary focus would be to build a foundation first in downticket statewide races.

Specifically this would be to identify candidates for Treasurer, Controller and Insurance Commissioner and build around their candidacies. If candidates for these offices were identified by April, they could be submitted for endorsement to the May/June Standing General Assembly (SGA).  If candidates are identified later, a special SGA could be held at a later date, perhaps in August/September/October. With the ballot qualification period for state and federal office commencing in December, such early endorsement would provide time to organize to get these endorsed candidates on the ballot -- and also have funds available to pay for some/all of their candidate statements in the official voter information guide. 

This early endorsement strategy to achive an agreed-upon slate, was the strategy adopted by the GPCA in 2013 for the the 2014 statewide races (http://www.cagreens.org/ga/2013-06/2014-election-strategy), the first time there were statewide races under Top Two. It involved candidates seeking an endorsement to fill out a questionnnaire and appearing at a GPCA General Assembly (http://www.cagreens.org/announce/2014-statewide-endorsement-process).

Before Top Two, all that was needed for Green statewide candidates to qualify for the ballot was to gather 150 valid signatures from registered Greens statewide.  Now under Top Two, qualifying for the ballot for these races requires either paying a fee of just over $3,100 (https://elections.cdn.sos.ca.gov/statewide-elections/2018-primary/2018-s...) and/or gathering 7000 signatures-in-lieu, or a combination of them both. Signature gathering will run from December 16, 2021 through February 9, 2022.  Volunteers could support the endorsed slate by getting petition signatures for each candidate. 

A full 250 word candidate statement for statewide candidates in the offiical Voter Information Guide that is sent to call California voters costs $6250. During the 1990s there was no fee. Since this fee was raised with the passage of Proposition 34 in 2000 (https://www.foxandhoundsdaily.com/2018/01/voters-right-know-undermined-h...), few Green candidates have been able to afford a full 250-word statement, and many have had statements of far fewer words.  The candidate statement is the most efficient way to reach all California voters, because it is included in the official Voter Information Guide sent to all voters, and is also published on the Secretary of State's website. 

The earlier Green 2020 statewide campaigns begin and are endorsed, the more volunteers that can be organized to gather signatures-in-lieu to get on the ballot, which will be pro-rated and reduce the filing fee needed (a volunteer option for this could be included on the GPCA webpage, social media and elsewhere.)  This can then free up funds for purchasing as many words as possible for a candidate statement in the voter guide.  Addtionally the earlier such campaigns begin, the earlier fundraising can occur to also pay for the filing fee and candidate statement - both by the candidates and the party. Finally since it is highly unlikely that any statewide Green candidates will advance past the June 2022 primary, the earlier the campaigns are organized and endorsed, the longer the GPCA has an opportunity to present itself to all California voters.

Arguably, with a candidate statement in the Voter Guide, a credible candidate website, a credible social media campaign, some traditional media coverage, and some in-person appearances, credible Greens running for downticket statewide office should be able to receive at least 2% of the vote in the June 2022 primary and retain the GPCA's ballot status through 2026, regardless of what happens with the GPCA's voter registration total. 

Finally might such a process affect Greens running for other state or federal office, and Green voter registration totals going forward? 

Credible downticket statewide candidates already in place could also increase the chances of attracting credible Green candidates for higher statewide races -- something that did not happen in 2018, when there was no organized GPCA planning for the statewide races -- and when two virtual unknowns qualified for the ballot for Governor and received anemic results that did not reflect well upon the GPCA.  Additionally the excitement around the endorsed GPCA 2022 statewide candidates could help recruit credible Green candidates for state legislature and Congress. This becomes even more important as an organizing tool in 2021, because most of the non-partisan offices normally up for election in an odd-numbered year in California, have been moved to even-numbered years by state law --  meaning preparing for state and federal office in 2022 will be the only Green electoral organizing opportunity in 2021.

Finally, focusing first on the downticket statewide races could also build internal party cohesions. There could be more division within the GPCA about if/who should be running for the higher statewide offices. Building a foundation starting from an agreed-upon slate for downticket statewide races could make those discussions easier.

With more Greens on the ballot, perhaps this could also help to mitigate the downward trend in Green voter registration, which is part arguably the result of so few Greens appearing on the ballot as a result of Top Two elections - i.e. 'if a party doesn't appear before the voters, why would someone register to vote in it?' Additionally with the possibility that the Movement for Peoples Party will start to try and achieve ballot status in California, having visible and credible Green candidates on the ballot will provide a reason for existing Greens to stay Green and others voters deciding to register with a party to register Green.

What is the alternative for the GPCA to not receive 2% in a 2020 statewide race? At the rate that GPCA voter registration is declining, the GPCA could fall below the voter registration threshold needed to retain ballot status by sometime in 2022. If the GPCA doesn't simulatneously get at least 2% of the vote in a 2022 statewide primary race, the GPCA will lose its ballot status at that point (https://losangeles.cagreens.org/gpca/retaining-ballot-status-via-voter-r...).

Proposal: 

- That the GPCA prioritizing identifying candidates for Treasurer, Controller and Insurance Commissioner to run in the June 2022 primary.

- That the GPCA consider endorsement of such candidates early enough in 2021 -- via a Standing General Assembly -- so the candidates can have that endorsement before the ballot qualification period begins in December 2021 - preferably during the May/June 2021 Standing General Assembly (if potential candidates have been identified by then).

- That the following questionnaire be approved and required to be filled out by any candiate seeking GPCA endorsement 

1. Which position are you seeking Green Party of California (GPCA) nomination for and why are you running for this position as a Green? 

2. What are your key platform issues? What are the most important issues facing California? What solutions do you offer?

3. How will your campaign build the Green Party of California? What are your campaign goals?

4. What parts of the GPCA platform do you feel most closely aligned with? What parts do you disagree with, if any? Are there parts you would improve upon and how? 

5. What in your background qualifies you to be a credible candidate? What assets would you bring to your campaign, in addition to those already existing within the Green Party? 

6. What are some of the key organizations and/or constituencies that you plan to outreach to and what is your relationship (if any) to them?

7. Have you filed as a campaign committee with the California Fair Political Practices Commission and if so, what is your campaign ID#.  Do you have campaign bank account and treasurer? A campaign website?

8. Do believe that an independent party like the Greens can succeed in the US? How would you define such success? How can it happen? 

9. The Green Party of California intends to run a unified and coordinated slate of Green candidates for at least some of California's statewide constitutional offices. How will you collaborate with other Greens running for other statewide office, including on issues, messaging and organizing?

10. Why are you a Green?

Attachments/References

1. Green voter registration totals 
2. Green candidates for state and federal office
3. Green candidates for local office
4. Legal thresholds for retaining political party ballot status
5. Review of statewide candidates and their abilty to pay for candidate statements in the official voter guide
6. Ballot Status History – Green Party of California

1. Green voter registration totals 

To retain ballot status via the voter registration option, Green registration needs to remain equal in number to at least 0.33 percent of the total number of voters registered on the 154th day before the primary election or the 123rd day before the presidential general election. (Elections Code §§ 5100(b), 5151(c). https://www.sos.ca.gov/elections/political-parties/political-party-qualification/

Right now that 0.33% is 68,180 and the GPCA's registration total as of September 4, 2020 is down to 81,304 (0.38%) 

The total went from 102,688 (0.59%) on January 5, 2016 to 77,868 (0.43%) on May 23, 2016, likely largely as a result of Greens registering to vote for Bernie Sanders in the June 2016 California primary.  The total rose back to  to 94,720 (0.49%) as of February 10, 2017 before falling again in 2020 to 79,577 (0.37%) as July 3, 2020.

Before this trend, the lowest raw number of registered Greens was 78,597 (when it represented 0.59%) in February 1995, before the Nader 1996 presidential campaign kick-started Green registration and led to growing Green registration through the fall 2003 Green Peter Camejo for Governor campaign during the October 2003 recall election. In September 2003 it was 66,740 (1.08%) and in January 2004, it was 162,354 (1.09%), after which it started a long downward trend, which is the result of multiple factors (that are discussed in this companion proposal https://losangeles.cagreens.org/gpca/retaining-ballot-status-via-voter-r....) Additionally the current 0.38% today and the 0.37% in July are the lowest Green registration percentages of total registered voters since the GPCA qualified for ballot status in January 1992.

2. Green candidates for state and federal office

The number of Green candidates for state and federal office reached its heights in the early 2000s, and has dropped precipitously as a result of the enactment of Top Two elections, which has made it extremely difficult for Greens to get on the ballot for these offices.

These numbers will be updated here soon and also presented during the November GPCA General Assembly.  For now, reference 
http://www.gpelections.org
http://www.cagreens.org/elections/history-by-year (not current and there are small updates to past years, but provides useful year-by-year trends).

3. Green candidates for local office

One of the long term GPCA strengths has been Greens running for and being elected to local municipal public office, especially city councils and school boards. These numbers are also trending downward, in quantity and quality. For example in April 2006, there were at least 24 California Greens as mayors and city councilmembers and at least 63 Greens holding elected public office overall.  Today there are only 25 California Greens holding public office in total, and only three of them are mayors or city councilmembers. 

These numbers over the years will be updated here soon and also presented during the November GPCA General Assembly.  For now, reference 
https://www.gpelections.org/greens-in-office/number-greens-holding-elect...

4. Legal thresholds for retaining political party ballot status

https://www.sos.ca.gov/elections/political-parties/political-party-qualification

Maintaining Its Qualified Status

• Once qualified, a political party maintains its qualified status by:

• Retaining registrants representing at least 1/15 of 1 percent (0.067%) of the total state registration (Elections Code §§ 5101, 5153); and

• Having one of its statewide candidates (running for Governor, Lieutenant Governor, Secretary of State, Controller, Treasurer, Attorney General, Insurance Commissioner, or United States Senator) receive at least 2 percent of the entire vote of the state for that office at the June 5, 2018, gubernatorial primary election (Elections Code §§ 5100(a), 5151(b)); or

• Retaining statewide registration equaling at least 0.33 percent of the total number of voters registered on the 154th day before the primary election or the 123rd day before the presidential general election. (Elections Code §§ 5100(b), 5151(c).)

If the Political Body Fails to Qualify as a Political Party

If by the 135th day before any primary election (if intending to qualify to participate in the next primary election) or the 102nd day prior to a presidential general election (if intending to qualify to participate in the next presidential general election), a political body has not qualified as a political party, the political body shall be considered to have abandoned its attempt to qualify as a political party and shall be ineligible to participate in the following primary election or the following presidential general election. (Elections Code § 5004.)

California Elections Code sections 

https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode...

ELECTIONS CODE - ELEC
DIVISION 5. POLITICAL PARTY QUALIFICATIONS [5000 - 5200]
CHAPTER 2. Parties Qualified to Participate in the Primary Election [5100 - 5102]

(a) (1) At the last preceding gubernatorial primary election, the sum of the votes cast for all of the candidates for an office voted on throughout the state who disclosed a preference for that party on the ballot was at least 2 percent of the entire vote of the state for that office.

(2) Notwithstanding paragraph (1), a party may inform the Secretary of State that it declines to have the votes cast for a candidate who has disclosed that party as his or her party preference on the ballot counted toward the 2-percent qualification threshold. If the party wishes to have votes for a candidate not counted in support of its qualification under paragraph (1), the party shall notify the secretary in writing of that candidate’s name by the seventh day before the gubernatorial primary election.

(b) (1) On or before the 135th day before a primary election, it appears to the Secretary of State, as a result of examining and totaling the statement of voters and their declared political preference transmitted to him or her by the county elections officials, that voters equal in number to at least 0.33 percent of the total number of voters registered on the 154th day before the primary election have declared their preference for that party.

(2) A person whose party preference is designated as “Unknown” pursuant to Section 2154 or 2265 shall not be counted for purposes of determining the total number of voters registered on the specified day preceding the election under paragraph (1).

(c) On or before the 135th day before a primary election, there is filed with the Secretary of State a petition signed by voters, equal in number to at least 10 percent of the entire vote of the state at the last preceding gubernatorial election, declaring that they represent a proposed party, the name of which shall be stated in the petition, which proposed party those voters desire to have participate in that primary election. This petition shall be circulated, signed, and verified, and the signatures of the voters on it shall be certified to and transmitted to the Secretary of State by the county elections officials substantially as provided for initiative petitions. Each page of the petition shall bear a caption in 18-point boldface type, which caption shall be the name of the proposed party followed by the words “Petition to participate in the primary election.”

5. Review of statewide candidates and their abilty to pay for candidate statements in the official voter guide

The combination of high fees to get on the ballot as a result of passage of California's Top Two law, combined with the $25-per-word cost for candidates for statewide office, has meant that few Green statewide candidates can afford to pay for complete candidate statements.  This memo explains this situation in more depth: https://losangeles.cagreens.org/gpca/memo-effect-of-per-word-fee

6. Ballot Status History – Green Party of California

1992: The Green Party of California qualified for statewide ballot status in January

In California, political parties can qualify for statewide ballot status in either of two ways: by voter registration or petition. The number of petition signers needed is 10% of the number of persons who voted in the preceding gubernatorial election. Between 1992 and 2013, the number of registered voters needed was 1% of the number of persons who voted in the preceding gubernatorial election.

In order to qualify in time to participate in the 1992 partisan elections, the period of ballot qualification for the Green Party of California began in January 1990 and extended through December 1991. As of December 31st, 1991, the Green Party of California had 100,897 Green voter registrants, surpassing the 78,992 needed for statewide ballot status, which was 1% of the number of persons who voted in the 1988 gubernatorial election.

1994: The Green Party of California retained statewide ballot status in November

In 1994 and through 2013, a political party in California could retain ballot status in either of two ways – by voter registration or via candidacy in a statewide general election.

The number of registered voters needed to retain ballot status was the same as to qualify for ballot status – 1% of the number of persons who voted in the preceding gubernatorial election. The statewide candidacy method was where the general election nominee of a ballot-qualified  party may retain its ballot status by receiving at least 2% in any of seven statewide partisan Constitutional Office races – Governor, Lt. Governor, Secretary of State, Attorney General, Treasurer, Controller, Insurance Commissioner.

Margaret Garcia received 3.8% and 315,079 votes for Secretary of State, surpassing the 2% threshold necessary to retain statewide ballot status. Garcia’s total retained ballot status for the Green Party of California, because after the November 1994 election, the number of voters needed to qualify (or re-qualify) went up to 89,007.

Had Garcia not received the total she did, the Green Party of California would have then lost its ballot status as of January 1995, when it had only 78,597 registrants. In October 1995, its total was still only 79,825, and would not be above 89,007 again until September 1996, when it reached 89,106.

1998: The Green Party of California retained statewide ballot status in November

In November 1998, the Green Party had 98,443 registered members, more than the 89,007 needed at that point to retain statewide ballot status.

Sara Amir also received 3.1% and 247,702 votes for Lt. Governor, also surpassing the 2% threshold necessary to retain statewide ballot status. After the November 1998 election, the number of voters needed to qualify (or re-qualify) changed to 86,212. The Green Party of California’s registration total remained above that threshold through 2014, when a new voter registration was introduced.

2002: The Green Party of California retained statewide ballot status in November

As of November 2002, the Green Party had 155,952 registered members, more than the 77,389 needed at that point to retain statewide ballot status.

Six candidates also received more the 2% necessary for the Green Party of California to retain statewide ballot status: Laura Wells received 419,873 votes (5.8%) for Controller; Peter Miguel Camejo received 393,036 votes (5.3%) for Governor; Jeanne Marie Rosenmeier received 356,077 votes (4.9%) for Treasurer, Donna Warren received 307,254 votes (4.2%) for Lt. Governor; Larry Shoup received 282,340 votes (3.9%) for Secretary of State; and David Ishmael Sheidlower received 277,667 votes (3.9%) for Insurance Commissioner.

2006: The Green Party of California retained statewide ballot status in November

As of November 2006, the Green Party had 141,4512 registered members, more than the 74,763 needed at that point to retain statewide ballot status.

Six candidates also received more the 2% necessary for the Green Party of California to retain statewide ballot status: Larry Cafiero received 270,218 (3.2%) for Insurance Commissioner. Laura Wells received 260,047 vote (3.2%) for Controller; Donna Warren received 239,107 (2.8%) for Lt. Governor; Methul Thakker received 201,670 (2.4%) for Treasurer, Peter Miguel Camejo received 205,995 (2.3%) for Governor; Mike Wyman received 195,130 votes (2.3%) for Attorney General and Forrest Hill received 181,369 (2.2%) for Secretary of State.

2010: The Green Party of California retained statewide ballot status in November

As of November 2010, the Green Party had 113,835 registered members, more than the 86,794 needed at that point to retain statewide ballot status.

Three candidates also received more the 2% necessary for the Green Party of California to retain statewide ballot status: Ann Menasche received 286,701 votes (3%) for Secretary of State; William Balderston received 252,305 votes (2.6%) for Insurance Commissioner and Charles “Kit” Crittenden received 231,165 votes (2.4%) for Treasurer.

2014: The Green Party of California retained statewide ballot status in November

As of November 2014, the Green Party had 110,511 registered members, more than the 58,752 needed at that point to retain statewide ballot status under AB2351  (which the the GPCA opposed for other reasons), which changed the voter registration threshold to retaining statewide registration equaling at least 0.33 percent of the total number of voters registered on the 154th day before the primary election or the 123rd day before the presidential general election. (Elections Code §§ 5100(b), 5151(c).)

Under the new Top Two law passed in June 2010 and implemented starting in 2102, a party may also retain its ballot status by “Having one of its statewide candidates (running for Governor, Lieutenant Governor, Secretary of State, Controller, Treasurer, Attorney General, Insurance Commissioner, or United States Senator) receive at least 2 percent of the entire vote of the state for that office at the gubernatorial primary election” (Elections Code §§ 5100(a), 5151(b)).

Four candidates also received more the 2% necessary for the Green Party of California to retain statewide ballot status: Ellen Brown received 270,388 votes (6.6%) for Treasurer; Laura Wells received 231,352 votes (5.7%); David Curtis received 121,618 votes (3%) for Secretary of State; and Jena Goodman received 98,338 votes (2.4%) for Lt. Governor.

2018: The Green Party of California retained statewide ballot status in June

In September 2014, the California Election Code was amended under AB2351, such that a party can retain its ballot status if  the sum of the votes cast for all of the candidates for an office voted on throughout the  state (Governor, Lieutenant Governor, Secretary of State, Controller, Treasurer, Attorney General, Insurance Commissioner, or United States Senator),  who disclosed a preference for that party on the ballot was at least 2 percent of the entire vote of the state  for that office.

In the Secretary of State’s race Michael Feinstein received 136,726 votes (2.1%) and Erik Rydberg received 48,706 votes (0.7%), more than the 2% required to retain ballot status, guaranteeing ballot status for the Green Party of California until 2022.