In 2009, the California Assembly passed AB 909, which instructs precinct polling place officials that they should orally inform independent voters that they are free to choose a Democratic or a Republican primary ballot (except that independent voters can’t vote in the Republican presidential primary).

The bill will be brought up this year in the State Senate, shortly after the June 8, 2010 primary is over. The bill’s author will wait to see if the voters pass or reject the top-two open primary, Proposition 14. The bill will have no meaning (except for the Democratic presidential primary) if Prop. 14 passes.