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45 S. Cal. L. Rev. 365 (1972)
California Ballot Position Statutes: An Unconstitutional Advantage to Incumbents

handle is hein.journals/scal45 and id is 367 raw text is: CALIFORNIA BALLOT POSITION STATUTES: AN UNCONSTITUTIONAL ADVANTAGE TO INCUMBENTS In most California elections the name of the incumbent appears first on the ballot.1 This Note presents a statistical study which demonstrates that the candidate whose name appears first in the list of candidates is the beneficiary of a substantial positional bias. Following an analysis of the statistical data, several theories are presented through which the constitutionality of the California ballot position statutes can be chal- lenged in court. I. THE STATISTICAL ANALYSIS A. BACKGROUND Concern over positional bias is not a recent development; the impact of ballot placement on election returns has been recognized for several 1. In multi-district elections lacking an incumbent the candidates' names are ar- ranged in alphabetical order in the lowest numbered assembly district involved in the election and thereafter rotated on an assembly district basis. District 1 District 2 District 3 Candidate A Candidate B Candidate C Candidate B Candidate C Candidate A Candidate C Candidate A Candidate B Where incumbents seek reelection their names appear first followed by the names of challengers which are rotated in each assembly district. The name of the highest listed challenger will always remain below that of the incumbent. District 1 District 2 District 3 Incumbent Incumbent Incumbent Challenger A Challenger B Challenger C Challenger B Challenger C Challenger A Challenger C Challenger A Challenger B If two or more positions are to be filled by the same election (e.g.,. an election to fill an administrative board), and more than one incumbent is running for reelection, the in. cumbents' names are placed in alphabetical order in the lowest numbered assembly dis- trict, and thereafter rotated in each successive district so as to equalize among incumbents the advantage of being listed first. See CAL. ELECTION CODE ANN. §§ 10202, 10203, 10204, 10206, 10208 (West 1961, Supp. 1971). When the office is that of state senator, assembly- man, municipal office in a city whose charter does not provide for order of candidate ballot appearance, or position voted on in a single assembly district, the names of all candidates except incumbents appear in alphabetical order without rotation. See CAL. ELEION CODE ANN. §§ 10208, 10209, 10210 (West 1961, Supp. 1971).

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