Elections Code, 1994

If a committee seat becomes vacant or an ineligible person is appointed or elected, the committee must fill the vacancy by appointment.

Committee members (except ex officio members) can be removed if they miss four regularly called meetings in a 12-month period, unless the absence was due to illness or temporary absence from the county. The committee may also remove a member for four or more missed meetings under its bylaws, regardless of the reason.

If a committee member moves residence out of the relevant Assembly or supervisor district, the person automatically resigns from the committee.

A committee may remove a member who switches to another party or publicly supports an opposing party or candidate, but not an ex officio member.

When someone is appointed to fill a committee vacancy, the committee chairperson must file notice of the appointment within 30 days.

A member may be elected to a county central committee at a presidential primary election, and a committee member may run in a newly numbered district after redistricting.

The elections official must calculate how many committee members are allotted to each Assembly district or supervisor district by January 31 before the presidential primary.

A committee candidate’s name may appear on the ballot only after a nomination paper is filed and signed by voters in the relevant Assembly or supervisorial district.

If too few candidates are nominated for a committee seat in an Assembly or supervisorial district, the ballot must not print the office title and candidate names, and the board of supervisors must declare the nominated candidates elected.

If a committee election candidate dies on or before election day but would have won based on enough marked ballots, a vacancy arises on the county central committee and the committee must fill it the same way as other vacancies.

A county central committee may decide how many members it has, how districts are allocated, and how members are elected, if it follows its own adopted rules and regulations. It may do this by caucus, convention, or another committee-approved method. The section does not allow removal of an ex officio member.

The Department of General Services must allow committees that want to do so to hold meetings in a state building in the county, and at least one meeting each month must be free of charge.

Committee meetings must be held in quarters accessible to persons with disabilities.

A committee is responsible for the party campaign, but it operates under the general direction of the state central committee or an executive committee chosen by it.

At its first meeting, a committee must organize by choosing a chairperson, a secretary, and any other officers or committees it considers necessary.

A committee may adopt rules on removing officers, calling meetings, and using proxies.

County committees must carry out other party-benefiting duties and services. County central committee members may keep serving after their terms end until replacements are elected or selected and qualified.

If the chairperson refuses to call a meeting, a majority of committee members may call one with five days’ notice.

This article applies only to certain district committees tied to Assembly or supervisorial districts within a county and formed under the county central committee’s bylaws.

These committees must be called county Assembly district committees or county supervisorial district committees.

A committee must be made up of the people elected to the county central committee of one Assembly district or supervisorial district.

The county central committee is made up of the county’s district committees and the ex officio members of the county central committee.

District committees may elect officers and take actions allowed by the bylaws of their county central committee.

If a district committee has too few elected members, the missing seats are vacancies and the district committee must fill them.

If a district committee seat becomes vacant for specified reasons, the district committee must fill the vacancy by appointment.

A district committee member may be removed if they miss more than three consecutive regularly called county central committee meetings, unless the absence was due to illness or temporary absence from the county.

A district committee member automatically resigns if they move out of the Assembly district or supervisorial district from which they were elected or appointed.

A district committee must remove any of its members who must be removed under Section 7413.

When someone is appointed to fill a vacancy on a district committee, the district committee must notify the county central committee chairperson within 10 days, and the chairperson must file a notice with the elections official within 30 days.

This section says the part applies to the organization, operation, and functions of the American Independent Party of California.

The state convention is made up of one delegate for each listed officer or officeholder category.

This section says who makes up the party’s state convention delegates.

A party nominee may not be granted membership in the state convention unless they are registered as a member of the party.

A vacancy in membership exists if there is no holdover delegate or nominee delegate, a nominee is disqualified, no nomination for an elective office has been made, or a delegate dies before the convention.

This section says how vacancies in delegate membership are filled by county or state party committees, depending on the district and vacancy type.

A county central committee may authorize its chairperson to appoint delegates to fill vacancies in party state convention memberships the committee can fill.

If someone is already a delegate and independently qualified to be a delegate to the same state convention, they are treated as the delegate based on the most recent election in which they became a delegate.

The state convention must meet every two years at a location chosen by the state central committee, at 10 a.m. on a Saturday after the direct primary election, and no later than August 15.

The state central committee chairperson must call the convention to order at 10 a.m. on the designated day, and the convention must immediately elect a chairperson. If 50 members petition for it, that election must be by alphabetical rollcall, and the convention may also elect other officers.

The chairperson must appoint a credentials committee made up of one delegate from each senatorial district, and may appoint other committees if the convention directs.

After permanent officers are elected, the convention must adopt a state platform for the party and make it public when adopted.

The convention must nominate the required presidential electors and alternate electors in a general election year, and must certify their names and each elector’s residence address to the Secretary of State.

At the convention, votes on any issue, including officer elections, may be taken by rollcall or another method the convention prescribes.

The convention must designate a parliamentary procedure manual, and the convention proceedings are governed by that manual.

The state central committee is made up of the listed categories of people.

Each delegate to the state convention must appoint one same-sex voter and two opposite-sex voters to committee membership.

Certain state convention delegates may appoint two additional voters to this party committee.

A committee member appointed to fill a vacancy in a partisan office at a special election must appoint committee members within 60 days after that special election.

A delegate to the state convention must mail notice to each appointed committee member, and any proxy must be in writing and signed by the member.

A person cannot be appointed to this committee unless they are registered as affiliated with the party when appointed.

This committee may remove a member who joins or registers with another party, and may also remove an appointed member who publicly opposes the party’s nominees or supports a rival candidate.

This section says a vacancy on the State Central Committee arises if a member is ineligible, dies, resigns, becomes incapacitated, leaves the committee’s jurisdiction, stops being in the party, or is removed; the vacancy is filled under Section 7612.

If a committee member appointed under Sections 7603 or 7604 leaves office, the vacancy is filled by the original appointer unless that person is no longer a committee member or chooses not to fill it; then the committee fills it and gives notice promptly.

If alternate or associate members may be appointed, this committee must provide appointment forms to members.

A delegate to the state convention may appoint three voters as associate members of the committee, and associate members may not vote.

The committee must meet in the same community as the state convention, at 10 a.m. on the Sunday after that convention.

The committee must recognize a revocation or change of proxies only when the member makes a personal request before the committee.

The committee chairperson must call the committee to order at 10 a.m. on the day of the first meeting.

When elected, the temporary chairperson must immediately appoint a proxies-and-credentials committee with one member from each senatorial district, chosen from members certified by the Secretary of State.

This committee must choose its officers by one of the specified methods, and those officers have the usual powers of similar committee officers if consistent with this chapter.

The committee may choose an executive committee from among its members and may give it some or all of its powers and duties.

The state central committee or executive committee must choose the party’s national affiliation by resolution or bylaw and file a copy with the Secretary of State.

The committee chairperson serves a two-year term and may not succeed himself or herself.

Elective officers named in the committee bylaws must serve two-year terms.

The committee may set dues for certain persons, but the dues cannot exceed $24 per year.

The committee must run party campaigns, appoint committees and campaign directors, and may appoint interim county central committees in certain counties.

A quorum for this committee exists when a majority of the full membership is present in person or by proxy.

The committee’s meetings must follow a parliamentary procedures manual that the committee designates.

In certain counties with fewer than five Assembly districts, a county central committee of at least 25 members must be elected by supervisor districts, with seats allocated by a voter-registration formula. San Francisco is excluded.

In certain counties, the county central committee must be elected by Assembly districts, and the number of members is calculated from the number of Assembly districts and registered American Independent Party voters.

Certain officeholders or nominees are ex officio members of the county committee where they live, and they get the same rights and privileges as other members, including the right to vote.

A committee may let members appoint alternates, and an incumbent elected partisan officeholder may do so without committee authorization. Alternates must meet the same qualifications as regular members and may vote only with written authorization and only when the appointing member is absent.

A person cannot be appointed or elected to a committee unless they are registered as affiliated with this party at the time of appointment or election.

If a district elects fewer committee candidates than the number of party committeepersons it is entitled to, a vacancy exists and the committee must fill it.

If certain committee membership events create a vacancy, the committee must fill that vacancy by appointment.

A committee member who is not ex officio and misses more than three consecutive regularly called meetings may be removed by the committee, unless the absence was because of illness or temporary absence from the county on the meeting date.

If an elected or appointed committee member moves residence out of the Assembly district or supervisor district that elected or appointed them, they automatically resign from the committee.

A committee may remove a member if the member joins or registers with another party during the term, or if a non-ex officio member publicly opposes the party’s nominee or supports a rival candidate.

When someone is appointed to fill a committee vacancy, the committee chairperson must file notice with the elections official and the chairperson of the state central committee within 30 days.

At every presidential primary election, a county central committee may be elected in each county.

The Secretary of State must, at least 125 days before the presidential primary, calculate how many county central committee members will be elected and mail a certificate with that information to each county elections official and the party’s state central committee chairperson.

A committee candidate’s name may appear on the ballot only after a nomination paper is filed.

If the nominated candidates do not exceed the number to be elected in an Assembly or supervisor district, the candidates’ names and office designation are not printed on the party ballot, and the board of supervisors declares the nominated candidates elected.

If a committee election candidate dies on or before election day but has enough votes to be elected, a vacancy is created on the county central committee and the committee must fill it.

A county central committee may choose its members at any time by caucus or convention, or by another selection method approved by the state central committee.

Each committee must meet at its county seat when called, normally on the second Tuesday in July after the presidential primary election.

The Department of General Services must let any committee that wants to do so hold meetings in a state building in the county, and at least one meeting each month must be free.

The committee must hold all meetings in quarters accessible to persons with disabilities.

A committee must have charge of the party campaign, subject to the general direction of the state central committee or its selected executive committee.

A committee may adopt rules and regulations about removing officers, calling meetings, and using proxies.

The committee must perform other party-benefiting duties and services, and it continues to function until the next presidential primary-related transition is completed.

If the chairperson refuses to call a meeting, a majority of committee members may call one with five days’ notice.

The newly elected chairperson must notify the elections official of their name within five days after the committee’s organizational meeting.

Each committee may set annual dues up to $24 per year for elected, ex officio, and alternate members, and may remove members or alternates for nonpayment.

This section says the part applies to the organization, operation, and functions of the Peace and Freedom Party of California.

At each presidential primary election, members of central committees may be elected in each county.

For this chapter, the registration figures must be taken from a voter-registration statement sent to the Secretary of State 135 days before the next presidential primary election.

The number of Peace and Freedom Party central committee members elected in a county is based on a minimum formula: at least 7, or the nearest integer from the voter ratio calculation, but 5 if county registered voters are under 150.

This section sets the district method for electing county central committee members based on how many members are to be elected.

The district election count must be the greater of 1 or a calculated quotient, with a fallback calculation if the result would undercut the county’s entitlement.

A person who receives a Peace and Freedom Party nomination for partisan public office at the relevant primary or later special election is declared elected to the central committees.

The state party chairperson must tell the Secretary of State whether a county central committee election will be held, no later than 135 days before the presidential primary election.

The elections official must compute how many central committee members are to be elected in each supervisorial or Assembly district, no later than 115 days before the presidential primary election, if that district-based election method applies.

A candidate for member of a central committee can appear on the county ballot only if they file the required nomination paper signed by the relevant voters, or if they qualify for the presidential primary ballot for the Peace and Freedom Party nomination to a partisan public office.

If too few candidates are nominated for a central committee election in a jurisdiction, the candidates’ office designation and names are not printed on that party’s ballot there, and the board of supervisors declares the nominated candidates elected.

A person running for central committee election may do so only in the supervisorial or Assembly district where they live, in counties using district-based elections.

A qualifying candidate for central committee member must be listed on the ballot only in the central committee election district where the candidate lives.

A person may obtain and circulate nomination papers for both a public office nomination and election as a member of central committees.

A candidate for member of a central committee must have a required number of sponsors, set at the lesser of 20 to 30 sponsors or 2% of registered Peace and Freedom Party voters in the district.

In a single central committee election district, up to three candidates may be listed on one sponsor’s certificate, and their signatures count toward each candidate’s sponsor requirement.

Each county elections official must include central committee member offices and candidates on official lists in a similar place and manner as county central committee entries.

The ballot order for candidates for member of central committees must be determined by a public drawing.

The office of member of central committees may be placed on the presidential primary ballot under the heading “Party Central Committees,” in the place and manner used for county central committee offices.

A qualifying party nominee may not be additionally declared directly elected to central committees and may not hold multiple membership on the state or county central committee.

Votes for each candidate for member of central committees must be included in the canvass and statement of results in a way similar to county central committee votes.

A county central committee may choose its members at any time by caucus, convention, or another committee-approved method.

At the convention meeting, the state central committee is made up initially only of members elected at the most recent presidential primary election or selected under Section 7784.

The state central committee may appoint additional members at its convention and later meetings, if it chooses to do so in its sole discretion.

The state central committee may require that its county members be balanced so that 50% are women and 50% are men.

A person may not be appointed to the state central committee unless the person is registered as a voter affiliated with the Peace and Freedom Party, or would register as such if legally allowed.

The committee may remove an elected or appointed member who meets certain disqualifying conduct conditions.

The state central committee must hold meetings at least once each year.

The committee’s convention meeting must be called to order by the chairperson at 10 a.m. on the Saturday of the meeting, and the committee must immediately elect temporary chairpeople and any other temporary officers.

Temporary chairpersons must appoint any committees the state central committee directs.

The convention meeting of the state central committee must elect the committee’s officers and adopt the party platform.

The state central committee may let votes at its convention meeting be taken by alphabetical county rollcall if a majority of members agree, and it may prescribe another voting method.

The state central committee may designate a parliamentary procedure manual to govern its convention meeting proceedings.

The committee may choose an executive committee from its own membership and may give it some or all of the committee’s powers and duties.

The chairperson of the state central committee serves a two-year term, may not succeed himself or herself, and must alternate each biennium between the northern and southern territories.

Officers elected at the state central committee convention serve two-year terms unless the committee sets a shorter term, and the committee may remove any officer by majority vote.

This committee must conduct party campaigns and may appoint committees, campaign directors, and campaign organizations for the party’s best interest.

The state central committee may appoint interim county central committees in certain counties, and it must file notice of those appointments with the county elections official.

This committee has a quorum when 10% of the full membership is present in person.

The state central committee must designate the Peace and Freedom Party’s affiliated national political party by resolution and file a signed copy with the Secretary of State.

The state central committee’s convention must nominate the party’s presidential and vice-presidential electors, including alternate electors, and the chairperson must certify their names and residence addresses to the Secretary of State.

A county central committee may, in its discretion, appoint additional members at specified meetings.

A county central committee may require its membership to be balanced so the total membership is 50% women and 50% men.

A person may not be appointed to a county central committee unless they meet the party-registration or qualifying-resident condition in the county.

A committee may remove a member who misses more than three consecutive regularly scheduled meetings, unless the absence was due to illness or temporary absence from the county on the meeting date.

If an elected or appointed county central committee member moves residence out of the county they were elected from, that counts as automatic resignation from the committee.

A committee may remove an elected or appointed member for certain party-disloyalty conduct or for violating the committee’s bylaws or constitution.

When someone is appointed to a committee, the committee chair must file notice of the appointment with two election officials within 30 days.

The state central committee may appoint an interim county central committee with full powers if no county central committee members were elected or selected, or if all members were removed or stopped being registered as Peace and Freedom Party members.

The Department of General Services must allow committees that want to do so to hold meetings in a state building in the county, and at least one meeting each month must be free of charge.

The committee must hold all meetings in quarters that are accessible to persons with disabilities.

A committee must have charge of the party campaign, under the general direction of the state central committee or an executive committee it selects.

A committee may adopt rules and regulations about removing officers, calling meetings, and using proxies.

The committees must perform other duties and services for the party’s benefit and remain in existence until new committee members take office after the next presidential primary election, or under Section 7784.

If the chairperson refuses to call a meeting, a majority of the committee members may call it after five days’ notice.

The newly elected chairperson must notify the county elections official of the chairperson’s name within five days after the committee’s organizational meeting.

This part applies to the Green Party’s organization, operations, and functions, and defines “Green Party” as the Green Party of California.

At each presidential preference primary election, members of central committees, called “county councils,” must be elected in each county.

For this chapter, the registration figures to be used are the ones taken from the voters’ statement of political preferences that elections officials send to the Secretary of State by the stated deadline.

A county’s Green Party county council must have at least 3 and no more than 50 members, and the Green Party’s bylaws must set the calculation process. That process is effective only if the Green Party Liaison communicates it to the Secretary of State at least 175 days before the next presidential preference primary election.

A county council may appoint additional members to fill vacancies at its first meeting after the presidential preference primary election and at later meetings.

A person registered with another party or as No Party Preference cannot be appointed to a county council membership.

If an elected or appointed county council member moves residence out of the applicable county, that counts as automatic resignation from the county council.

A county council member who changes voter registration so it no longer prefers the Green Party is automatically removed from office.

County council members may be removed for cause under procedures set out in the Green Party’s bylaws.

When someone is appointed to a county council, the county council must file notice of the appointment with the county elections official and the Green Party’s coordinating committee within 30 days.

The Department of General Services must let any county council that wants to do so hold meetings in a state building in the county, and at least one meeting each month must be free of charge.

County council members must be elected from one or more multimember districts.

The Secretary of State must, by the 175th day before the presidential preference primary election, calculate how many county council members will be elected in each county and mail a certificate about that calculation.

The elections official must calculate how many county council members are to be elected in each district, no later than 172 days before the presidential preference primary election, when district चुनाव applies under this chapter.

A county council candidate’s name may appear on the ballot only if the candidate is a registered Green Party preferrer and has filed the required nomination paper signed by Green Party voters from the district.

A candidate for county council in a district-based county may seek election only in the district where they live.

A person may obtain and circulate nomination papers for both a public office nomination and election as a member of a county council.

A person running for county council must have enough sponsors: at least 20, or 2% of voters registered as preferring the Green Party in the district, whichever is less.

Each sponsor may sponsor as many candidates as there are seats in the county council district, but the sponsor’s certificate cannot list more candidates than the number of county council members to be elected there.

Each county elections official must list the county council office and its candidates on the applicable official lists.

The ballot order for county council candidates must be set by a public drawing.

The office of member of county council must be placed on the presidential preference primary ballot under the heading “Party County Council.”

The county clerk and Secretary of State must certify, prepare, send, and publish election-related lists and notices for Green Party county council elections.

A write-in candidate for county council is not declared elected unless they meet a minimum vote threshold.

Members of the state coordinating committee must be elected under the Green Party bylaws, and their responsibilities are also set by those bylaws.

A person may not be a member of the state coordinating committee unless they are registered to vote as a Green Party preference voter.

The state coordinating committee must hold meetings at least once each year.

The state coordinating committee may certify county council members in certain counties, and certified members must meet the usual qualifications and be reported to county elections officials.

The state coordinating committee must tell the Secretary of State in writing who the Green Party Liaison is.

This section says how words are read in the code: present tense covers past and future, masculine includes feminine, and singular includes plural (and vice versa).

This chapter does not apply to several kinds of elections and nominations, including recall elections, presidential primary, certain city or county charter nominations, some district nominations, general law city officer nominations, and school district officer nominations.

A candidate may not file for county central committee membership unless the party-preference timing conditions are met, and the elections official must attach a certificate to the filing.

If a candidate is running for a nonpartisan office, party affiliation references must be left off required filing forms.

A candidate for a voter-nominated office must state a party preference or none on the declaration of candidacy, and that choice must match the candidate’s most recent registration affidavit.

A person may not file nomination papers for more than one office at the same primary election.

If no one files for a party’s nomination for a partisan office, the elections official must not print a partisan ballot for that party in that area and must notify affected registered voters with a nonpartisan ballot, unless a timely write-in petition is filed.

The Secretary of State must run public voter education campaigns using existing resources.

A candidate’s name cannot go on the direct primary ballot unless required nomination documents are filed with the county elections official.

A candidate may withdraw nomination documents for most offices by filing a statement with the county elections official, but not for a statewide office.

Nomination documents that are filed with the elections official and are not required to be filed with the Secretary of State must be filed by the 83rd day before the primary election.

If certain incumbents’ nomination papers are not filed or are withdrawn by the 88th day before a direct primary, another person may file until 5 p.m. on the 83rd day before the election, except when the incumbent missed filing because term limits were already reached.

Judicial candidates must file a signed declaration of intention on time, and they cannot be listed or run as candidates unless they file it.

If an incumbent county officer’s nomination papers are not filed or are withdrawn by the 88th day before a direct primary, another eligible person gets until 5 p.m. on the 83rd day before the election to file.

If a qualifying candidate dies after the nomination deadline but at least 83 days before the election, any person may circulate and deliver the nomination documents by 5 p.m. on the 74th day before the election; the elections official must then promptly certify and send them to the Secretary of State.

If an incumbent or challenger dies in the stated late-election window, the election is canceled and a special election must be called on a tight schedule.

If a qualifying nonpartisan election seat has only one other qualified candidate and either the incumbent or challenger dies during the stated window, nomination paper filing is reopened; qualified candidates may circulate and deliver papers the next day, but papers must be returned by 5 p.m. on the 68th day before the election.

Candidates generally may not take a declaration of candidacy form out of the elections official’s office, but they may use a signed written statement to have someone receive and deliver the form for them.

This section gives the required form for a declaration of candidacy and sets extra steps for voter-nominated office candidates.

This section sets out the required form for a nomination paper and the circulator’s affidavit, and warns that a person acting for a candidate can commit a misdemeanor for deliberately failing to file a nomination paper when and where required.

The Secretary of State must establish uniform filing forms for candidates filing a declaration of candidacy or nomination papers.