What has changed about California’s primary system?

In June 2010, voters approved the Top Two Primary system for what was formerly called “partisan” statewide offices. With the Top Two Primary, all candidates running for one of these offices are listed on one ballot, regardless of their party preference, and all voters will see the same list of candidates, regardless of their own party registration. The top two vote-getters for each office will go on to the general election, regardless of their party preference.

How are winners in the Top Two Primary chosen for the general election?

The two candidates who receive the most votes qualify for the general election, hence the name “Top Two.”

What if one candidate receives a majority of the votes cast, can a winner of the election be declared in March?

It does not matter if one candidate receives a majority of the votes cast: the top two vote-getters always advance to the general election. Only candidates running for State Superintendent of Public Instruction or candidates for voter-nominated offices in special elections can win outright by getting a majority of the vote in the primary election.

Will the two candidates that advance to the general election be from two different parties?

Not necessarily. The candidates are not appearing on the ballot representing a party; they are only representing themselves. In a Top Two Primary, the purpose is simply to reduce the number of all candidates down to two, not to select each party’s nominee. The party preference information on the ballot for each candidate is for informational purposes only. It is possible that two candidates from the same party will go to the general election if they are the top two vote-getters.

If only one or two candidates are running for a Top Two office, will there still be a primary election for that office?

Yes, in March there is still a primary even if only one or two file for candidacy. The top two vote-getters move on to the general election regardless of candidate pool size, party preference, or whether one candidate receives the majority of all votes cast in the primary election.

What offices are affected?

The Top Two Primary applies to most of the offices that were previously known as “partisan” and are now known as “voter-nominated” offices. In California, these offices include:

• United States Senators
• Congressional Representatives
• State Senators
• Assembly members
• Governor
• Lt. Governor
• State Treasurer
• Secretary of State
• State Attorney General.

The Top Two Primary does not apply to elections for:

• President and Vice President, or
• Political Party County Central Committees or County Councils

These offices are called “party-nominated” offices.

How are presidential elections conducted in California?

Qualified political parties in California may hold presidential primaries in one of two ways:

• Closed presidential primary – only voters indicating a preference for a party may vote for that party’s presidential nominee.
• Modified-closed presidential primary – the party may also allow voters who did not state a party preference when they registered, to vote for that party’s presidential nominee.

For the March 5, 2024, Presidential Primary, the following parties notified the Secretary of State that they would allow no party preference voters to vote for their party’s nominees:

• American Independent Party
• Democratic Party
• Libertarian Party

Which candidates can run for the Top Two (“voter-nominated”) offices in the general election?

Candidates running for a voter-nominated office cannot run in the general election unless they are one of the top two vote-getters in the March primary election.

Can write-in candidates run for office in the Top Two primary?

Yes, write-in candidates for voter-nominated offices can still run in the primary election. However, a write-in candidate can only advance to the general election if the candidate is one of the top two vote-getters in the primary.

Can write-in candidates for voter-nominated offices run in the general election?

No, because a write-in candidate on the November ballot would not have been one of the top-two voter getters in the primary.

What ballot will I receive in March if I register with a political party?

If you registered to vote with one of these qualified political parties: American Independent, Democratic, Green, Libertarian, Peace and Freedom, or Republican, you will receive a ballot for that party with any candidates running for that party’s nomination for President and any candidates running for the local central committee. Election law does not allow a voter registered with a political party to vote a different party’s ballot for President or Central Committee.

What ballot will I receive in March if I did not select a party when I registered to vote?

If you did not select a qualified political party when you registered to vote, only the American Independent, Democratic, and Libertarian parties will allow you to request their party’s ballot. You may not request more than one party’s ballot. If you do not request a ballot of one of the above parties, you will be given a ballot that does not contain the contest for U.S. President.

You can request a replacement ballot with presidential candidates from your county elections office by electronically submitting a No Party Preference Cross-over Ballot Notice and Application (PDF) to your county elections office.

Can I still re-register?

Yes! You can re-register to vote online at registertovote.ca.gov. If you need to re-register within 30 days of the primary election, you may need to register to vote in person at a polling place, vote center, or your county elections office. In California, you have until election day to update your voter registration information.

Read more about Voting in the Primary Election.