Elections Code
Part 11 of 12 · provisions 2,001–2,200
This act is known as the Elections Code.
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The Office of Elections Cybersecurity is created and must coordinate election cybersecurity work, develop best practices, share threat information, and help counter false or misleading election-related information. If a voter cannot personally enter the information required by Section 100, the voter may ask someone else to print the voter’s name and residence, but the voter must personally make a mark or sign, and that mark or signature must be witnessed by one person who signs their name. A person may vote in a local, special, or consolidated election if registered in one of the precincts that make up those election precincts and if voting is in accordance with this code. Statewide special elections must be called, conducted, and canvassed under the same rules as general elections, unless another law specifically says otherwise. A city or district may ask the county board of supervisors to let the county elections official provide election services, and the request must be by resolution.
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- 8060. Verify source ↗
## Elections Code - ELEC ## DIVISION 8. NOMINATIONS [8000 - 8903] ( Division 8 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PRIMARY ELECTION NOMINATIONS [8000 - 8228] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. Direct Primary [8000 - 8150] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 4. Circulation and Signatures—Nomination Documents [8060 - 8070] ( Article 4 enacted by Stats. 1994, Ch. 920, Sec. 2. )
A candidate who declares candidacy must have registered voters sign the candidate’s nomination papers under this article.
## Elections Code - ELEC ## DIVISION 8. NOMINATIONS [8000 - 8903] ( Division 8 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PRIMARY ELECTION NOMINATIONS [8000 - 8228] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. Direct Primary [8000 - 8150] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 4. Circulation and Signatures—Nomination Documents [8060 - 8070] ( Article 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 8060. A candidate who declares his or her candidacy shall have registered voters sign his or her nomination papers pursuant to this article. (Enacted by Stats. 1994, Ch. 920, Sec. 2.) - 8061. Verify source ↗
## Elections Code - ELEC ## DIVISION 8. NOMINATIONS [8000 - 8903] ( Division 8 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PRIMARY ELECTION NOMINATIONS [8000 - 8228] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. Direct Primary [8000 - 8150] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 4. Circulation and Signatures—Nomination Documents [8060 - 8070] ( Article 4 enacted by Stats. 1994, Ch. 920, Sec. 2. )
A candidate may use valid signatures on an in-lieu-filing-fee petition toward nomination requirements, and may file a nomination paper if the petition has too few valid signatures.
## Elections Code - ELEC ## DIVISION 8. NOMINATIONS [8000 - 8903] ( Division 8 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PRIMARY ELECTION NOMINATIONS [8000 - 8228] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. Direct Primary [8000 - 8150] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 4. Circulation and Signatures—Nomination Documents [8060 - 8070] ( Article 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 8061. (a) If a candidate submits an in-lieu-filing-fee petition pursuant to Section 8106, any or all signatures appearing on the petition, which would be valid under Section 8041, shall be counted towards the number of voters required to sign a nomination paper. If an in-lieu-filing-fee petition contains a requisite number of valid signatures under Section 8062, the candidate shall not be required to file nomination papers. (b) If an in-lieu-filing-fee petition does not contain the requisite number of valid signatures as set forth in Section 8062, the candidate shall be entitled to file, within the time period allowed for filing nomination papers, a nomination paper in order to obtain the requisite number of valid signatures required to be submitted to the elections official on a nomination paper. A candidate who submits a nomination paper pursuant to this subdivision shall only be required to obtain the number of signatures thereon needed to supplement the in-lieu-filing-fee petition so that the combination of signatures appearing on the in-lieu-filing-fee petition and the nomination paper equals or exceeds the requisite number of signatures set forth in Section 8062. (Amended by Stats. 2019, Ch. 562, Sec. 3. (AB 1829) Effective January 1, 2020.) - 8062. Verify source ↗
## Elections Code - ELEC ## DIVISION 8. NOMINATIONS [8000 - 8903] ( Division 8 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PRIMARY ELECTION NOMINATIONS [8000 - 8228] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. Direct Primary [8000 - 8150] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 4. Circulation and Signatures—Nomination Documents [8060 - 8070] ( Article 4 enacted by Stats. 1994, Ch. 920, Sec. 2. )
Nomination papers must meet the signature-count rules in this section, and papers that do not comply are not sufficient.
## Elections Code - ELEC ## DIVISION 8. NOMINATIONS [8000 - 8903] ( Division 8 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PRIMARY ELECTION NOMINATIONS [8000 - 8228] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. Direct Primary [8000 - 8150] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 4. Circulation and Signatures—Nomination Documents [8060 - 8070] ( Article 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 8062. (a) The number of registered voters required to sign a nomination paper for the respective offices are as follows: (1) State office or United States Senate, not fewer than 65 nor more than 100. (2) House of Representatives in Congress, State Senate or Assembly, State Board of Equalization, or any office voted for in more than one county, and not statewide, not fewer than 40 nor more than 60. (3) Candidacy in a single county or any political subdivision of a county, other than State Senate or Assembly, not fewer than 20 nor more than 40. (4) With respect to a candidate for a political party committee, if any political party has fewer than 50 voters in the state or in the county or district in which the election is to be held, one-tenth the number of voters of the party. (5) If there are fewer than 150 voters in the county or district in which the election is to be held, not fewer than 10 nor more than 20. (b) The provisions of this section are mandatory, not directory, and no nomination paper shall be deemed sufficient that does not comply with this section. However, this subdivision shall not be construed to prohibit withdrawal of signatures pursuant to Section 8067. This subdivision also shall not be construed to prohibit a court from validating a signature which was previously rejected upon showing of proof that the voter whose signature is in question is otherwise qualified to sign the nomination paper. (Amended by Stats. 2012, Ch. 3, Sec. 16. (AB 1413) Effective February 10, 2012.) - 8063. Verify source ↗
## Elections Code - ELEC ## DIVISION 8. NOMINATIONS [8000 - 8903] ( Division 8 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PRIMARY ELECTION NOMINATIONS [8000 - 8228] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. Direct Primary [8000 - 8150] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 4. Circulation and Signatures—Nomination Documents [8060 - 8070] ( Article 4 enacted by Stats. 1994, Ch. 920, Sec. 2. )
The nomination paper must be delivered to the elections official of the county where the signer resides and is a voter.
## Elections Code - ELEC ## DIVISION 8. NOMINATIONS [8000 - 8903] ( Division 8 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PRIMARY ELECTION NOMINATIONS [8000 - 8228] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. Direct Primary [8000 - 8150] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 4. Circulation and Signatures—Nomination Documents [8060 - 8070] ( Article 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 8063. The nomination paper shall be delivered to the elections official of the county in which the signer resides and is a voter. (Enacted by Stats. 1994, Ch. 920, Sec. 2.) - 8064. Verify source ↗
## Elections Code - ELEC ## DIVISION 8. NOMINATIONS [8000 - 8903] ( Division 8 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PRIMARY ELECTION NOMINATIONS [8000 - 8228] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. Direct Primary [8000 - 8150] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 4. Circulation and Signatures—Nomination Documents [8060 - 8070] ( Article 4 enacted by Stats. 1994, Ch. 920, Sec. 2. )
The declaration of candidacy must be obtained from and delivered to the county elections official for the county where the candidate lives and is a voter.
## Elections Code - ELEC ## DIVISION 8. NOMINATIONS [8000 - 8903] ( Division 8 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PRIMARY ELECTION NOMINATIONS [8000 - 8228] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. Direct Primary [8000 - 8150] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 4. Circulation and Signatures—Nomination Documents [8060 - 8070] ( Article 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 8064. The declaration of candidacy shall be obtained from, and delivered to, the elections official of the county in which the candidate resides and is a voter in accordance with Section 8028. (Enacted by Stats. 1994, Ch. 920, Sec. 2.) - 8065. Verify source ↗
## Elections Code - ELEC ## DIVISION 8. NOMINATIONS [8000 - 8903] ( Division 8 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PRIMARY ELECTION NOMINATIONS [8000 - 8228] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. Direct Primary [8000 - 8150] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 4. Circulation and Signatures—Nomination Documents [8060 - 8070] ( Article 4 enacted by Stats. 1994, Ch. 920, Sec. 2. )
The elections official must not file a nomination paper unless all blanks in the certificate are filled.
## Elections Code - ELEC ## DIVISION 8. NOMINATIONS [8000 - 8903] ( Division 8 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PRIMARY ELECTION NOMINATIONS [8000 - 8228] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. Direct Primary [8000 - 8150] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 4. Circulation and Signatures—Nomination Documents [8060 - 8070] ( Article 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 8065. The elections official shall not accept for filing any nomination paper unless all blanks in the certificate are filled. (Amended by Stats. 1999, Ch. 790, Sec. 33. Effective January 1, 2000.) - 8066. Verify source ↗
## Elections Code - ELEC ## DIVISION 8. NOMINATIONS [8000 - 8903] ( Division 8 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PRIMARY ELECTION NOMINATIONS [8000 - 8228] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. Direct Primary [8000 - 8150] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 4. Circulation and Signatures—Nomination Documents [8060 - 8070] ( Article 4 enacted by Stats. 1994, Ch. 920, Sec. 2. )
Circulators must meet the requirements of Section 102.
## Elections Code - ELEC ## DIVISION 8. NOMINATIONS [8000 - 8903] ( Division 8 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PRIMARY ELECTION NOMINATIONS [8000 - 8228] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. Direct Primary [8000 - 8150] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 4. Circulation and Signatures—Nomination Documents [8060 - 8070] ( Article 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 8066. Circulators shall meet the requirements of Section 102. (Amended by Stats. 2013, Ch. 278, Sec. 14. (SB 213) Effective January 1, 2014.) - 8067. Verify source ↗
## Elections Code - ELEC ## DIVISION 8. NOMINATIONS [8000 - 8903] ( Division 8 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PRIMARY ELECTION NOMINATIONS [8000 - 8228] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. Direct Primary [8000 - 8150] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 4. Circulation and Signatures—Nomination Documents [8060 - 8070] ( Article 4 enacted by Stats. 1994, Ch. 920, Sec. 2. )
If too many signers are collected, the filing officer must withdraw the excess with the candidate’s written consent.
## Elections Code - ELEC ## DIVISION 8. NOMINATIONS [8000 - 8903] ( Division 8 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PRIMARY ELECTION NOMINATIONS [8000 - 8228] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. Direct Primary [8000 - 8150] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 4. Circulation and Signatures—Nomination Documents [8060 - 8070] ( Article 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 8067. No more signers shall be secured for any candidate than the maximum number required in this article. If, however, through miscalculation or otherwise, more signers are secured than the maximum number, the officer with whom the nomination papers are filed shall, with the written consent of the candidate, withdraw the excess number. (Enacted by Stats. 1994, Ch. 920, Sec. 2.) - 8068. Verify source ↗
## Elections Code - ELEC ## DIVISION 8. NOMINATIONS [8000 - 8903] ( Division 8 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PRIMARY ELECTION NOMINATIONS [8000 - 8228] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. Direct Primary [8000 - 8150] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 4. Circulation and Signatures—Nomination Documents [8060 - 8070] ( Article 4 enacted by Stats. 1994, Ch. 920, Sec. 2. )
Signers of nomination documents must be eligible voters for the relevant district or subdivision, and partisan-office signers must also have disclosed the required party preference unless the office is voter-nominated.
## Elections Code - ELEC ## DIVISION 8. NOMINATIONS [8000 - 8903] ( Division 8 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PRIMARY ELECTION NOMINATIONS [8000 - 8228] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. Direct Primary [8000 - 8150] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 4. Circulation and Signatures—Nomination Documents [8060 - 8070] ( Article 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 8068. Signers shall be voters in the district or political subdivision in which the candidate is to be voted on. With respect to a candidacy for partisan office, signers shall be voters who disclosed a preference, pursuant to Section 2151, for the party, if any, for which the nomination is proposed. With respect to a candidacy for voter-nominated office, signers need not have disclosed a preference for any party. (Amended by Stats. 2012, Ch. 3, Sec. 17. (AB 1413) Effective February 10, 2012.) - 8069. Verify source ↗
## Elections Code - ELEC ## DIVISION 8. NOMINATIONS [8000 - 8903] ( Division 8 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PRIMARY ELECTION NOMINATIONS [8000 - 8228] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. Direct Primary [8000 - 8150] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 4. Circulation and Signatures—Nomination Documents [8060 - 8070] ( Article 4 enacted by Stats. 1994, Ch. 920, Sec. 2. )
A signer may not sign a certificate if their name is already on another nomination paper for the same office, or on too many nomination papers when multiple seats are being filled.
## Elections Code - ELEC ## DIVISION 8. NOMINATIONS [8000 - 8903] ( Division 8 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PRIMARY ELECTION NOMINATIONS [8000 - 8228] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. Direct Primary [8000 - 8150] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 4. Circulation and Signatures—Nomination Documents [8060 - 8070] ( Article 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 8069. No signer shall, at the time of signing a certificate, have his or her name signed to any other nomination paper for any other candidate for the same office or, in case there are several places to be filled in the same office, signed to more nomination papers for candidates for that office than there are places to be filled. (Enacted by Stats. 1994, Ch. 920, Sec. 2.) - 8070. Verify source ↗
## Elections Code - ELEC ## DIVISION 8. NOMINATIONS [8000 - 8903] ( Division 8 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PRIMARY ELECTION NOMINATIONS [8000 - 8228] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. Direct Primary [8000 - 8150] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 4. Circulation and Signatures—Nomination Documents [8060 - 8070] ( Article 4 enacted by Stats. 1994, Ch. 920, Sec. 2. )
The elections official must send each listed nomination document to the Secretary of State.
## Elections Code - ELEC ## DIVISION 8. NOMINATIONS [8000 - 8903] ( Division 8 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PRIMARY ELECTION NOMINATIONS [8000 - 8228] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. Direct Primary [8000 - 8150] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 4. Circulation and Signatures—Nomination Documents [8060 - 8070] ( Article 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 8070. The elections official shall transmit to the Secretary of State the nomination document for each candidate for state office, United States Senator, Representative in Congress, Member of the Senate or Assembly, or the members of the State Board of Equalization. (Amended by Stats. 1995, Ch. 736, Sec. 2. Effective October 10, 1995.) - 8080. Verify source ↗
## Elections Code - ELEC ## DIVISION 8. NOMINATIONS [8000 - 8903] ( Division 8 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PRIMARY ELECTION NOMINATIONS [8000 - 8228] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. Direct Primary [8000 - 8150] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 5. Verification of Nomination Signatures [8080 - 8084] ( Article 5 enacted by Stats. 1994, Ch. 920, Sec. 2. )
An officer may not make or collect any fee or charge for verifying a nomination document or circulator’s affidavit.
## Elections Code - ELEC ## DIVISION 8. NOMINATIONS [8000 - 8903] ( Division 8 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PRIMARY ELECTION NOMINATIONS [8000 - 8228] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. Direct Primary [8000 - 8150] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 5. Verification of Nomination Signatures [8080 - 8084] ( Article 5 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 8080. No fee or charge shall be made or collected by any officer for verifying any nomination document or circulator’s affidavit. (Enacted by Stats. 1994, Ch. 920, Sec. 2.) - 8081. Verify source ↗
## Elections Code - ELEC ## DIVISION 8. NOMINATIONS [8000 - 8903] ( Division 8 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PRIMARY ELECTION NOMINATIONS [8000 - 8228] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. Direct Primary [8000 - 8150] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 5. Verification of Nomination Signatures [8080 - 8084] ( Article 5 enacted by Stats. 1994, Ch. 920, Sec. 2. )
Before filing a nomination document, the county elections official must verify signer signatures and, if required, political preferences against registration affidavits, mark mismatched signatures “not sufficient,” and may stop once the minimum required number of signatures is verified.
## Elections Code - ELEC ## DIVISION 8. NOMINATIONS [8000 - 8903] ( Division 8 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PRIMARY ELECTION NOMINATIONS [8000 - 8228] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. Direct Primary [8000 - 8150] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 5. Verification of Nomination Signatures [8080 - 8084] ( Article 5 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 8081. Before any nomination document is filed in the office of the county elections official or forwarded for filing in the office of the Secretary of State, the county elections official shall verify the signatures and the political preferences, if required, of the signers on the nomination paper with the registration affidavits on file in the office of the county elections official. The county elections official shall mark “not sufficient” any signature that does not appear in the same handwriting as appears on the affidavit of registration in his or her office, or that is accompanied by a declaration of party preference that is not in accordance with the declaration of party preference in the affidavit of registration. The county elections official may cease to verify signatures once the minimum requisite number of signatures has been verified. (Amended by Stats. 2009, Ch. 1, Sec. 22. (SB 6) Effective January 1, 2010. Operative January 1, 2011, pursuant to Sec. 67 of Ch. 1.) - 8082. Verify source ↗
## Elections Code - ELEC ## DIVISION 8. NOMINATIONS [8000 - 8903] ( Division 8 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PRIMARY ELECTION NOMINATIONS [8000 - 8228] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. Direct Primary [8000 - 8150] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 5. Verification of Nomination Signatures [8080 - 8084] ( Article 5 enacted by Stats. 1994, Ch. 920, Sec. 2. )
County elections officials must forward certain nomination documents to the Secretary of State within five days and include a signature-count statement.
## Elections Code - ELEC ## DIVISION 8. NOMINATIONS [8000 - 8903] ( Division 8 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PRIMARY ELECTION NOMINATIONS [8000 - 8228] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. Direct Primary [8000 - 8150] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 5. Verification of Nomination Signatures [8080 - 8084] ( Article 5 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 8082. All nomination documents that are required to be filed in the office of the Secretary of State, within five days after being left with the county elections official in compliance with Section 8020, shall be forwarded by the county elections official to the Secretary of State, who shall receive and file them. The county elections official shall forward with the nomination documents a statement showing the total number of signatures on the nomination document that have not been marked “not sufficient.” (Enacted by Stats. 1994, Ch. 920, Sec. 2.) - 8083. Verify source ↗
## Elections Code - ELEC ## DIVISION 8. NOMINATIONS [8000 - 8903] ( Division 8 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PRIMARY ELECTION NOMINATIONS [8000 - 8228] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. Direct Primary [8000 - 8150] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 5. Verification of Nomination Signatures [8080 - 8084] ( Article 5 enacted by Stats. 1994, Ch. 920, Sec. 2. )
A county elections official must state to the Secretary of State the number of signers in substantially the required form.
## Elections Code - ELEC ## DIVISION 8. NOMINATIONS [8000 - 8903] ( Division 8 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PRIMARY ELECTION NOMINATIONS [8000 - 8228] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. Direct Primary [8000 - 8150] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 5. Verification of Nomination Signatures [8080 - 8084] ( Article 5 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 8083. The county elections official’s statement to the Secretary of State of the number of signers shall be in substantially the following form: statement of county elections official of number of signers I, County Elections Official of the County of ____, hereby certify that I have examined the ____ hereto attached filed on behalf of ____, candidate for nomination to the office of ____ at the primary election to be held on the __ day of ____, 20_, and that the total number of signatures which I have not marked “not sufficient” is ____. Dated this __ day of ____, 20_. __County Elections Official (seal)By _________ Deputy (Amended by Stats. 2018, Ch. 58, Sec. 9. (AB 3259) Effective January 1, 2019.) - 8084. Verify source ↗
## Elections Code - ELEC ## DIVISION 8. NOMINATIONS [8000 - 8903] ( Division 8 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PRIMARY ELECTION NOMINATIONS [8000 - 8228] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. Direct Primary [8000 - 8150] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 5. Verification of Nomination Signatures [8080 - 8084] ( Article 5 enacted by Stats. 1994, Ch. 920, Sec. 2. )
The county elections official may use random sampling to verify signatures on an in-lieu filing fee petition when there are 100 or more signatures.
## Elections Code - ELEC ## DIVISION 8. NOMINATIONS [8000 - 8903] ( Division 8 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PRIMARY ELECTION NOMINATIONS [8000 - 8228] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. Direct Primary [8000 - 8150] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 5. Verification of Nomination Signatures [8080 - 8084] ( Article 5 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 8084. If the number of signatures affixed to an in-lieu filing fee petition filed pursuant to Section 8106 is 100 or more, the county elections official may use a random sampling technique for verification of the signatures. If a random sampling technique is used, and the number of signatures on a petition is 100 or more but less than 2,000, the random sampling shall include an examination of 100 signatures. If the number of signatures on a petition is 2,000 or more, the random sampling shall include an examination of 5 percent of the signatures. Upon completion of the verification of signatures in the sample, the percentage of signatures which are valid shall be applied and projected to the total number of signatures submitted. (Enacted by Stats. 1994, Ch. 920, Sec. 2.) - 8100. Verify source ↗
## Elections Code - ELEC ## DIVISION 8. NOMINATIONS [8000 - 8903] ( Division 8 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PRIMARY ELECTION NOMINATIONS [8000 - 8228] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. Direct Primary [8000 - 8150] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 6. Nomination Papers. Place of Filing. Fees [8100 - 8107] ( Article 6 enacted by Stats. 1994, Ch. 920, Sec. 2. )
Nomination documents must be filed with the Secretary of State for certain statewide offices, and with the county elections official for offices voted on entirely within one county.
## Elections Code - ELEC ## DIVISION 8. NOMINATIONS [8000 - 8903] ( Division 8 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PRIMARY ELECTION NOMINATIONS [8000 - 8228] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. Direct Primary [8000 - 8150] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 6. Nomination Papers. Place of Filing. Fees [8100 - 8107] ( Article 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 8100. All nomination documents shall be filed as follows: (a) For state offices, United States Senators, Representatives in Congress, Members of the State Senate and Assembly, and members of the Board of Equalization, in the office of the Secretary of State. (b) For all officers to be voted for wholly within one county, except as provided in subdivision (a), in the office of the elections official of that county. (Amended by Stats. 1995, Ch. 736, Sec. 3. Effective October 10, 1995.) - 8101. Verify source ↗
## Elections Code - ELEC ## DIVISION 8. NOMINATIONS [8000 - 8903] ( Division 8 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PRIMARY ELECTION NOMINATIONS [8000 - 8228] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. Direct Primary [8000 - 8150] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 6. Nomination Papers. Place of Filing. Fees [8100 - 8107] ( Article 6 enacted by Stats. 1994, Ch. 920, Sec. 2. )
The county elections official must provide nomination and election forms, complete them with the candidate’s name and office, stamp them as “Official Filing Form,” sign them, and give them to candidates free of charge.
## Elections Code - ELEC ## DIVISION 8. NOMINATIONS [8000 - 8903] ( Division 8 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PRIMARY ELECTION NOMINATIONS [8000 - 8228] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. Direct Primary [8000 - 8150] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 6. Nomination Papers. Place of Filing. Fees [8100 - 8107] ( Article 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 8101. All forms required for nomination and election to all congressional, state, county, and political party county central committee offices shall be furnished only by the county elections official. At the time of issuance of those forms the county elections official shall type in the forms the name of the candidate and the office for which he or she is a candidate, shall imprint a stamp which reads “Official Filing Form,” and shall affix his or her signature. The forms shall be distributed without charge to all candidates applying for them. (Enacted by Stats. 1994, Ch. 920, Sec. 2.) - 8102. Verify source ↗
## Elections Code - ELEC ## DIVISION 8. NOMINATIONS [8000 - 8903] ( Division 8 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PRIMARY ELECTION NOMINATIONS [8000 - 8228] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. Direct Primary [8000 - 8150] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 6. Nomination Papers. Place of Filing. Fees [8100 - 8107] ( Article 6 enacted by Stats. 1994, Ch. 920, Sec. 2. )
A defect in a nomination document does not stop another nomination document from being filed within the allowed period.
## Elections Code - ELEC ## DIVISION 8. NOMINATIONS [8000 - 8903] ( Division 8 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PRIMARY ELECTION NOMINATIONS [8000 - 8228] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. Direct Primary [8000 - 8150] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 6. Nomination Papers. Place of Filing. Fees [8100 - 8107] ( Article 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 8102. No defect in any nomination document presented shall prevent the filing of another nomination document within the period allowed for presenting the nomination document. (Enacted by Stats. 1994, Ch. 920, Sec. 2.) - 8103. Verify source ↗
## Elections Code - ELEC ## DIVISION 8. NOMINATIONS [8000 - 8903] ( Division 8 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PRIMARY ELECTION NOMINATIONS [8000 - 8228] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. Direct Primary [8000 - 8150] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 6. Nomination Papers. Place of Filing. Fees [8100 - 8107] ( Article 6 enacted by Stats. 1994, Ch. 920, Sec. 2. )
Candidates must pay a filing fee to the Secretary of State when filing declarations of candidacy, with the fee set at 2% or 1% of first-year salary depending on the office.
## Elections Code - ELEC ## DIVISION 8. NOMINATIONS [8000 - 8903] ( Division 8 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PRIMARY ELECTION NOMINATIONS [8000 - 8228] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. Direct Primary [8000 - 8150] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 6. Nomination Papers. Place of Filing. Fees [8100 - 8107] ( Article 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 8103. (a) The following fees for filing declarations of candidacy shall be paid to the Secretary of State by each candidate: (1) Two percent of the first-year salary for the office of United States Senator or for any state office. The fee prescribed in this subdivision does not apply to the office of state Senator, Member of the Assembly, member of the State Board of Equalization, or justice of the court of appeal. (2) One percent of the first-year salary for the office of Representative in Congress, member of the State Board of Equalization, or justice of the court of appeal. (3) One percent of the first-year salary for the office of state Senator or Member of the Assembly. (b) For purposes of this section, “salary” means the annual salary for the office as of the first day on which a candidate may circulate petitions in lieu of filing fees pursuant to Section 8106. (Enacted by Stats. 1994, Ch. 920, Sec. 2.) - 8104. Verify source ↗
## Elections Code - ELEC ## DIVISION 8. NOMINATIONS [8000 - 8903] ( Division 8 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PRIMARY ELECTION NOMINATIONS [8000 - 8228] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. Direct Primary [8000 - 8150] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 6. Nomination Papers. Place of Filing. Fees [8100 - 8107] ( Article 6 enacted by Stats. 1994, Ch. 920, Sec. 2. )
Some candidates filing for local offices in one county must pay a filing fee to the county elections official, but candidates for low- or no-salary offices are exempt.
## Elections Code - ELEC ## DIVISION 8. NOMINATIONS [8000 - 8903] ( Division 8 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PRIMARY ELECTION NOMINATIONS [8000 - 8228] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. Direct Primary [8000 - 8150] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 6. Nomination Papers. Place of Filing. Fees [8100 - 8107] ( Article 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 8104. The filing fee to be paid to the county elections official for filing a declaration of candidacy for an office to be voted for wholly within one county other than a legislative or congressional office shall be as follows: (a) No filing fee is required from any candidate for an office for which no fixed compensation is payable, or for which the annual salary is two thousand five hundred dollars ($2,500) or less. (b) A filing fee of 1 percent of the annual salary of the office shall be paid to the county elections official by each candidate for a judicial office or for a county office. This subdivision shall not apply to any candidate for any office for which the annual salary is two thousand five hundred dollars ($2,500) or less. The filing fee shall be calculated on the basis of the annual salary for the office on the first day to circulate petitions to gather signatures in lieu of filing fees. (Enacted by Stats. 1994, Ch. 920, Sec. 2.) - 8105. Verify source ↗
## Elections Code - ELEC ## DIVISION 8. NOMINATIONS [8000 - 8903] ( Division 8 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PRIMARY ELECTION NOMINATIONS [8000 - 8228] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. Direct Primary [8000 - 8150] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 6. Nomination Papers. Place of Filing. Fees [8100 - 8107] ( Article 6 enacted by Stats. 1994, Ch. 920, Sec. 2. )
Candidates must pay filing fees when they get nomination forms, and the county elections official may not accept papers unless the fees are paid or proof of payment in another county is provided.
## Elections Code - ELEC ## DIVISION 8. NOMINATIONS [8000 - 8903] ( Division 8 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PRIMARY ELECTION NOMINATIONS [8000 - 8228] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. Direct Primary [8000 - 8150] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 6. Nomination Papers. Place of Filing. Fees [8100 - 8107] ( Article 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 8105. (a) The filing fees for all candidates shall be paid at the time the candidates obtain their nomination forms from the county elections official. The county elections official shall not accept any papers unless the fees are paid at the time required by this section, or unless satisfactory evidence is given to the county elections official or to the registrar of voters that the fee has been paid at the time of the declaration of candidacy in another county. The county elections official shall transmit the appropriate fees to the Secretary of State at the time he or she delivers the declarations of candidacy for filing. All filing fees received by the Secretary of State and county elections officials are nonrefundable. (b) The filing fees for candidates required to file declarations of intention pursuant to Section 8023 shall be paid at the time the declarations are filed with the county elections official. (Amended by Stats. 2006, Ch. 466, Sec. 4. Effective January 1, 2007.) - 8106. Verify source ↗
## Elections Code - ELEC ## DIVISION 8. NOMINATIONS [8000 - 8903] ( Division 8 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PRIMARY ELECTION NOMINATIONS [8000 - 8228] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. Direct Primary [8000 - 8150] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 6. Nomination Papers. Place of Filing. Fees [8100 - 8107] ( Article 6 enacted by Stats. 1994, Ch. 920, Sec. 2. )
This section lets candidates use voter signatures instead of paying certain filing fees, and sets the required signature counts and filing steps.
## Elections Code - ELEC ## DIVISION 8. NOMINATIONS [8000 - 8903] ( Division 8 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PRIMARY ELECTION NOMINATIONS [8000 - 8228] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. Direct Primary [8000 - 8150] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 6. Nomination Papers. Place of Filing. Fees [8100 - 8107] ( Article 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 8106. (a) Notwithstanding any other provision of this article, a candidate, or a person authorized by the candidate, may submit a petition containing signatures of registered voters in lieu of a filing fee as follows: (1) For the office of California State Assembly, 1,000 signatures. (2) For the office of California State Senate and the United States House of Representatives, 2,000 signatures. (3) For candidates running for statewide office, 7,000 signatures. (4) For all other offices for which a filing fee is required, if the number of registered voters in the district in which a candidate seeks nomination is 2,000 or more, the candidate may submit a petition containing three signatures of registered voters for each dollar of the filing fee, or 7 percent of the total of registered voters in the district in which the candidate seeks nomination, whichever is less. (5) For all other offices for which a filing fee is required, if the number of registered voters in the district in which a candidate seeks nomination is less than 2,000, the candidate may submit a petition containing three signatures of registered voters for each dollar of the filing fee, or 14 percent of the total of registered voters in the district in which the candidate seeks nomination, whichever is less. (6) A voter may sign both a candidate’s nomination papers and in-lieu-filing-fee petition. However, if signatures appearing on the documents are counted towards both the nomination paper and the in-lieu-filing-fee petition signature requirements, a person may only sign one of the documents. (b) The Secretary of State or an elections official shall furnish to each candidate, upon request, and without charge, forms for securing signatures. The number of forms that the elections official shall furnish a candidate shall be a quantity that provides the candidates with spaces for signatures sufficient in number to equal the number of signatures that the candidate is required to secure pursuant to subdivision (a) if the candidate desires that number of forms. However, the elections official, rather than provide the candidate with the number of forms set forth in the preceding sentence, or upon the request of a candidate, may provide the candidate with a master form that may be duplicated by the candidate at the candidate’s expense for the purpose of circulating additional petitions. The Secretary of State shall provide the master form. The elections official may provide candidates a form other than the master form provided by the Secretary of State. However, that form shall meet all statutory requirements, and the elections official shall also make available and accept the master form provided by the Secretary of State. All forms shall be made available commencing 60 days before the first day for circulating nomination papers. However, in cases of vacancies for which a special election is authorized or required to be held to fill the vacancy, and where the prescribed nomination period would commence less than 60 days after the creation of the vacancy, the forms shall be made available within five working days after the creation of the vacancy. No other form except the form furnished by the Secretary of State or the elections official or forms duplicated from a master form shall be used to secure signatures. Each petition section shall bear an affidavit signed by the circulator, in substantially the same form as set forth in Section 8041. The substitution of signatures for fees shall be subject to all of the following: (1) Any registered voter may sign an in-lieu-filing-fee petition for any candidate for whom the voter is eligible to vote. (2) If a voter signs more candidates’ petitions than there are offices to be filled, the voter’s signatures shall be valid only on those petitions that, taken in the order they were filed, do not exceed the number of offices to be filled. (3) In-lieu-filing-fee petitions shall be filed at least 30 days before the close of the nomination period. Within 10 days after receipt of a petition, the elections official shall notify the candidate of any deficiency. The candidate shall then, at the time of obtaining nomination forms, pay a pro rata portion of the filing fee to cover the deficiency. (4) If the petition is circulated for an office in more than one county, the candidate shall submit the signatures to the elections official in the county for which the petition was circulated. The elections official shall, at least two days after verifying the signatures on the petition, notify the Secretary of State of the total number of valid signatures. If the number of signatures is insufficient, the Secretary of State shall notify the candidate and the elections officials of the fact. The candidate may submit the necessary number of valid signatures at least 30 days before the close of the period for circulating nomination papers. Each circulator shall meet the requirements of Section 102. (5) Each candidate may submit a greater number of signatures to allow for subsequent losses due to invalidity of some signatures. The elections official shall not be required to determine the validity of a greater number of signatures than that required by this section. (c) For purposes of this section, the requisite number of signatures shall be computed from the latest registration figures forwarded to the Secretary of State pursuant to Section 2187 before the first day on which petitions are available. (d) All valid signatures obtained pursuant to this section shall be counted toward the number of voters required to sign a nomination paper in accordance with Section 8061 or 8405. (Amended by Stats. 2019, Ch. 562, Sec. 4. (AB 1829) Effective January 1, 2020.) - 8106.5. Verify source ↗
## Elections Code - ELEC ## DIVISION 8. NOMINATIONS [8000 - 8903] ( Division 8 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PRIMARY ELECTION NOMINATIONS [8000 - 8228] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. Direct Primary [8000 - 8150] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 6. Nomination Papers. Place of Filing. Fees [8100 - 8107] ( Article 6 enacted by Stats. 1994, Ch. 920, Sec. 2. )
This section sets timing and fee-adjustment rules for in-lieu-filing-fee petitions in certain special elections filling vacancies.
## Elections Code - ELEC ## DIVISION 8. NOMINATIONS [8000 - 8903] ( Division 8 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PRIMARY ELECTION NOMINATIONS [8000 - 8228] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. Direct Primary [8000 - 8150] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 6. Nomination Papers. Place of Filing. Fees [8100 - 8107] ( Article 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 8106.5. (a) Notwithstanding paragraph (3) of subdivision (b) of Section 8106, if the last day to file in-lieu-filing-fee petitions pursuant to that paragraph for a special election to fill a vacancy occurs before the vacancy begins, or before the Governor calls the special election by issuing a proclamation pursuant to Section 10700, the following apply: (1) If the nomination period for the special election is 12 days or more, the in-lieu-filing-fee petitions shall be filed at least nine days before the close of the nomination period. Within three days after receipt of a petition, the elections official shall notify the candidate of any deficiency. The candidate shall then, at the time of obtaining nomination forms, pay a pro rata portion of the filing fee to cover the deficiency. (2) If the nomination period for the special election is 11 days or less, the Secretary of State shall set the time for filing in-lieu-filing-fee petitions and the time by which the elections official shall notify the candidate of any deficiency. If there is a deficiency, the candidate shall, at the time of obtaining nomination forms, pay a pro rata portion of the filing fee to cover the deficiency. (b) If the number of days for a candidate to collect signatures on a petition in lieu of a filing fee for a special election that is held to fill a vacancy is less than the number of days that a candidate would have to collect signatures on a petition for a regular election for the same office, the elections official shall reduce the required number of signatures for the petition, as specified in subdivision (a) of Section 8106, by the same proportion as the reduction in time for the candidate to collect signatures. (c) Notwithstanding subdivision (b), the number of signatures required on an in-lieu-filing-fee petition for a special election held to fill a vacancy in the office of Representative in Congress, State Senator, or Member of the Assembly shall be not less than 100. (Amended by Stats. 2019, Ch. 497, Sec. 104. (AB 991) Effective January 1, 2020.) - 8107. Verify source ↗
## Elections Code - ELEC ## DIVISION 8. NOMINATIONS [8000 - 8903] ( Division 8 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PRIMARY ELECTION NOMINATIONS [8000 - 8228] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. Direct Primary [8000 - 8150] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 6. Nomination Papers. Place of Filing. Fees [8100 - 8107] ( Article 6 enacted by Stats. 1994, Ch. 920, Sec. 2. )
The county elections official must forward certain candidate fees to the county treasurer, and the Secretary of State must forward certain candidate fees to the State Treasurer within 10 days after the direct primary.
## Elections Code - ELEC ## DIVISION 8. NOMINATIONS [8000 - 8903] ( Division 8 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PRIMARY ELECTION NOMINATIONS [8000 - 8228] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. Direct Primary [8000 - 8150] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 6. Nomination Papers. Place of Filing. Fees [8100 - 8107] ( Article 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 8107. The county elections official shall pay to the county treasurer all fees received from candidates pursuant to Section 8105. Within 10 days after the direct primary, the Secretary of State shall pay to the State Treasurer all fees received from candidates pursuant to Section 8103, which shall be deposited in the General Fund. It is the intention of the Legislature that the funds deposited in the General Fund pursuant to this section will be used by the Secretary of State in the performance of his or her duties pursuant to Chapter 1 (commencing with Section 19000) of Division 19, to the extent that appropriations are made in the Budget Act from year to year. (Enacted by Stats. 1994, Ch. 920, Sec. 2.) - 8120. Verify source ↗
## Elections Code - ELEC ## DIVISION 8. NOMINATIONS [8000 - 8903] ( Division 8 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PRIMARY ELECTION NOMINATIONS [8000 - 8228] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. Direct Primary [8000 - 8150] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 7. Certified List of Candidates [8120 - 8125] ( Article 7 enacted by Stats. 1994, Ch. 920, Sec. 2. )
At least 68 days before the direct primary, the Secretary of State must send each county elections official a certified list of candidates eligible in that county.
## Elections Code - ELEC ## DIVISION 8. NOMINATIONS [8000 - 8903] ( Division 8 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PRIMARY ELECTION NOMINATIONS [8000 - 8228] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. Direct Primary [8000 - 8150] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 7. Certified List of Candidates [8120 - 8125] ( Article 7 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 8120. At least 68 days before the direct primary, the Secretary of State shall transmit to each county elections official a certified list of candidates who are eligible to be voted for in his or her county at the direct primary. (Enacted by Stats. 1994, Ch. 920, Sec. 2.) - 8121. Verify source ↗
## Elections Code - ELEC ## DIVISION 8. NOMINATIONS [8000 - 8903] ( Division 8 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PRIMARY ELECTION NOMINATIONS [8000 - 8228] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. Direct Primary [8000 - 8150] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 7. Certified List of Candidates [8120 - 8125] ( Article 7 enacted by Stats. 1994, Ch. 920, Sec. 2. )
The Secretary of State must notify certain candidates at least five days before sending the certified candidate list, and must post voter-nominated candidates’ party preference histories on the office website.
## Elections Code - ELEC ## DIVISION 8. NOMINATIONS [8000 - 8903] ( Division 8 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PRIMARY ELECTION NOMINATIONS [8000 - 8228] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. Direct Primary [8000 - 8150] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 7. Certified List of Candidates [8120 - 8125] ( Article 7 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 8121. (a) Not less than five days before he or she transmits the certified list of candidates to the county elections officials, as provided in Section 8120, the Secretary of State shall notify each candidate for partisan office and voter-nominated office of the names, addresses, offices, occupations, and party preferences of all other persons who have filed for the same office. (b) (1) Beginning not less than five days before he or she transmits the certified list of candidates to the county elections officials, as required by Section 8120, the Secretary of State shall post, in a conspicuous place on his or her Internet Web site, the party preference history of each candidate for voter-nominated office for the preceding 10 years, or for as long as he or she has been eligible to vote in the state if less than 10 years. The candidates’ party preference history shall be continuously posted until such time as the official canvass is completed for the general or special election at which a candidate is elected to the voter-nominated office sought, except that, in the case of a candidate who participated in the primary election and who was not nominated to participate in the general election, the candidate’s party preference history need not continue to be posted following the completion of the official canvass for the primary election in question. (2) For purposes of this subdivision, “party preference history” also refers to the candidate’s history of party registration during the 10 years preceding the effective date of this section. (3) The Secretary of State shall also conspicuously post on the same Internet Web site as that containing the candidates’ party preference history the notice specified by subdivision (b) of Section 9083.5. (Amended by Stats. 2012, Ch. 3, Sec. 19. (AB 1413) Effective February 10, 2012.) - 8122. Verify source ↗
## Elections Code - ELEC ## DIVISION 8. NOMINATIONS [8000 - 8903] ( Division 8 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PRIMARY ELECTION NOMINATIONS [8000 - 8228] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. Direct Primary [8000 - 8150] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 7. Certified List of Candidates [8120 - 8125] ( Article 7 enacted by Stats. 1994, Ch. 920, Sec. 2. )
The Secretary of State must certify and send candidate nomination lists by Assembly district.
## Elections Code - ELEC ## DIVISION 8. NOMINATIONS [8000 - 8903] ( Division 8 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PRIMARY ELECTION NOMINATIONS [8000 - 8228] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. Direct Primary [8000 - 8150] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 7. Certified List of Candidates [8120 - 8125] ( Article 7 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 8122. The Secretary of State shall certify and transmit the list of candidates for nomination to each office according to Assembly districts, in the order of arrangement prescribed in Chapter 2 (commencing with Section 13100) of Division 13. In the case of each county containing more than one Assembly district, the Secretary of State shall transmit separate lists for each Assembly district. (Enacted by Stats. 1994, Ch. 920, Sec. 2.) - 8123. Verify source ↗
## Elections Code - ELEC ## DIVISION 8. NOMINATIONS [8000 - 8903] ( Division 8 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PRIMARY ELECTION NOMINATIONS [8000 - 8228] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. Direct Primary [8000 - 8150] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 7. Certified List of Candidates [8120 - 8125] ( Article 7 enacted by Stats. 1994, Ch. 920, Sec. 2. )
The Secretary of State must tell the county elections official each candidate’s address when transmitting the candidate list.
## Elections Code - ELEC ## DIVISION 8. NOMINATIONS [8000 - 8903] ( Division 8 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PRIMARY ELECTION NOMINATIONS [8000 - 8228] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. Direct Primary [8000 - 8150] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 7. Certified List of Candidates [8120 - 8125] ( Article 7 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 8123. The Secretary of State, at the time he or she transmits the list of candidates to the county elections official, shall inform the county elections official of the address of each candidate. (Enacted by Stats. 1994, Ch. 920, Sec. 2.) - 8124. Verify source ↗
## Elections Code - ELEC ## DIVISION 8. NOMINATIONS [8000 - 8903] ( Division 8 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PRIMARY ELECTION NOMINATIONS [8000 - 8228] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. Direct Primary [8000 - 8150] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 7. Certified List of Candidates [8120 - 8125] ( Article 7 enacted by Stats. 1994, Ch. 920, Sec. 2. )
The Secretary of State must send each county elections official a certified candidate list that includes required candidate and office details.
## Elections Code - ELEC ## DIVISION 8. NOMINATIONS [8000 - 8903] ( Division 8 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PRIMARY ELECTION NOMINATIONS [8000 - 8228] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. Direct Primary [8000 - 8150] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 7. Certified List of Candidates [8120 - 8125] ( Article 7 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 8124. The certified list of candidates sent to each county elections official by the Secretary of State shall show all of the following: (a) The name of each candidate. (b) The office for which each person is a candidate. (c) With respect to candidates for partisan offices, the party each person represents. (d) With respect to candidates for voter-nominated offices, the designation made by the candidate pursuant to Section 8002.5. (e) If applicable, the ballot designation specified in accordance with Section 13107. (Amended by Stats. 2012, Ch. 3, Sec. 20. (AB 1413) Effective February 10, 2012.) - 8125. Verify source ↗
## Elections Code - ELEC ## DIVISION 8. NOMINATIONS [8000 - 8903] ( Division 8 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PRIMARY ELECTION NOMINATIONS [8000 - 8228] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. Direct Primary [8000 - 8150] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 7. Certified List of Candidates [8120 - 8125] ( Article 7 enacted by Stats. 1994, Ch. 920, Sec. 2. )
The Secretary of State prescribes the form of the certified list of candidates sent to each county elections official.
## Elections Code - ELEC ## DIVISION 8. NOMINATIONS [8000 - 8903] ( Division 8 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PRIMARY ELECTION NOMINATIONS [8000 - 8228] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. Direct Primary [8000 - 8150] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 7. Certified List of Candidates [8120 - 8125] ( Article 7 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 8125. The certified list of candidates sent to each county elections official by the Secretary of State shall be in a form prescribed by the Secretary of State. (Repealed and added by Stats. 2009, Ch. 1, Sec. 26. (SB 6) Effective January 1, 2010. Operative January 1, 2011, pursuant to Sec. 67 of Ch. 1.) - 8140. Verify source ↗
## Elections Code - ELEC ## DIVISION 8. NOMINATIONS [8000 - 8903] ( Division 8 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PRIMARY ELECTION NOMINATIONS [8000 - 8228] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. Direct Primary [8000 - 8150] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 8. Nominated Candidates [8140 - 8150] ( Article 8 enacted by Stats. 1994, Ch. 920, Sec. 2. )
A nonpartisan candidate who wins a majority of ballots in the primary is elected, and the office then stays off the general-election ballot.
## Elections Code - ELEC ## DIVISION 8. NOMINATIONS [8000 - 8903] ( Division 8 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PRIMARY ELECTION NOMINATIONS [8000 - 8228] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. Direct Primary [8000 - 8150] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 8. Nominated Candidates [8140 - 8150] ( Article 8 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 8140. Any candidate for a nonpartisan office who at a primary election receives votes on a majority of all the ballots cast for candidates for that office shall be elected to that office. Where two or more candidates are to be elected to a given office and a greater number of candidates receive a majority than the number to be elected, those candidates shall be elected who secure the highest votes of those receiving a majority, and equal in number to the number to be elected. Where a candidate has been elected to a nonpartisan office at the primary election, that office shall not appear on the ballot at the ensuing general election, notwithstanding the death, resignation, or other disqualification of the candidate at a time subsequent to the primary election. (Enacted by Stats. 1994, Ch. 920, Sec. 2.) - 8141. Verify source ↗
## Elections Code - ELEC ## DIVISION 8. NOMINATIONS [8000 - 8903] ( Division 8 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PRIMARY ELECTION NOMINATIONS [8000 - 8228] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. Direct Primary [8000 - 8150] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 8. Nominated Candidates [8140 - 8150] ( Article 8 enacted by Stats. 1994, Ch. 920, Sec. 2. )
If no one is elected to a nonpartisan office at the primary, or too few candidates are elected, the next election includes the remaining highest-vote candidates in a number equal to twice the seats left to fill, or fewer if there are not enough candidates.
## Elections Code - ELEC ## DIVISION 8. NOMINATIONS [8000 - 8903] ( Division 8 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PRIMARY ELECTION NOMINATIONS [8000 - 8228] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. Direct Primary [8000 - 8150] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 8. Nominated Candidates [8140 - 8150] ( Article 8 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 8141. If no candidate has been elected to a nonpartisan office pursuant to Section 8140 or if the number of candidates elected at the primary election is less than the total number to be elected to that office, then candidates for that office at the ensuing election shall be those candidates not elected at the primary who received the next highest number of votes cast for nomination to that office, equal in number to twice the number remaining to be elected to that office, or less, if the total number of candidates not elected is less. (Enacted by Stats. 1994, Ch. 920, Sec. 2.) - 8141.5. Verify source ↗
## Elections Code - ELEC ## DIVISION 8. NOMINATIONS [8000 - 8903] ( Division 8 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PRIMARY ELECTION NOMINATIONS [8000 - 8228] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. Direct Primary [8000 - 8150] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 8. Nominated Candidates [8140 - 8150] ( Article 8 enacted by Stats. 1994, Ch. 920, Sec. 2. )
Only top vote-getters in a primary may appear on the general-election ballot for a voter-nominated office, with a limited exception.
## Elections Code - ELEC ## DIVISION 8. NOMINATIONS [8000 - 8903] ( Division 8 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PRIMARY ELECTION NOMINATIONS [8000 - 8228] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. Direct Primary [8000 - 8150] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 8. Nominated Candidates [8140 - 8150] ( Article 8 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 8141.5. Except as provided in subdivision (b) of Section 8142, only the candidates for a voter-nominated office who receive the highest or second highest number of votes cast at the primary election shall appear on the ballot as candidates for that office at the ensuing general election. More than one candidate with the same party preference designation may participate in the general election pursuant to this subdivision. Notwithstanding the designation made by the candidate pursuant to Section 8002.5, no candidate for a voter-nominated office shall be deemed to be the official nominee for that office of any political party, and no party is entitled to have a candidate with its party preference designation participate in the general election unless that candidate is one of the candidates receiving the highest or second highest number of votes cast at the primary election. (Amended by Stats. 2012, Ch. 3, Sec. 21. (AB 1413) Effective February 10, 2012.) - 8142. Verify source ↗
## Elections Code - ELEC ## DIVISION 8. NOMINATIONS [8000 - 8903] ( Division 8 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PRIMARY ELECTION NOMINATIONS [8000 - 8228] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. Direct Primary [8000 - 8150] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 8. Nominated Candidates [8140 - 8150] ( Article 8 enacted by Stats. 1994, Ch. 920, Sec. 2. )
This section decides how tied primary-election votes are handled for certain candidates, including who advances to the general election and that ties cannot be broken by lot.
## Elections Code - ELEC ## DIVISION 8. NOMINATIONS [8000 - 8903] ( Division 8 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PRIMARY ELECTION NOMINATIONS [8000 - 8228] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. Direct Primary [8000 - 8150] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 8. Nominated Candidates [8140 - 8150] ( Article 8 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 8142. (a) In the case of a tie vote, nonpartisan candidates receiving the same number of votes shall be candidates at the ensuing general election if they qualify pursuant to Section 8141 whether or not there are more candidates at the general election than prescribed by this article. In no case shall the tie be determined by lot. (b) In the case of a tie vote among candidates at a primary election for a voter-nominated office, the following applies: (1) All candidates receiving the highest number of votes cast for any candidate shall be candidates at the ensuing general election whether or not there are more candidates at the general election than prescribed by this article. (2) Notwithstanding Section 8141.5, if a tie vote among candidates results in more than one primary candidate qualifying for the general election pursuant to subdivision (a), candidates receiving fewer votes shall not be candidates at the general election, even if they receive the second highest number of votes cast. (3) If only one candidate receives the highest number of votes cast but there is a tie vote among two or more candidates receiving the second highest number of votes cast, each of those second-place candidates shall be a candidate at the ensuing general election along with the candidate receiving the highest number of votes cast, regardless of whether there are more candidates at the general election than prescribed by this article. (4) In no case shall the tie be determined by lot. (Amended by Stats. 2012, Ch. 3, Sec. 22. (AB 1413) Effective February 10, 2012.) - 8143. Verify source ↗
## Elections Code - ELEC ## DIVISION 8. NOMINATIONS [8000 - 8903] ( Division 8 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PRIMARY ELECTION NOMINATIONS [8000 - 8228] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. Direct Primary [8000 - 8150] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 8. Nominated Candidates [8140 - 8150] ( Article 8 enacted by Stats. 1994, Ch. 920, Sec. 2. )
If too few candidates are elected at a primary election for a nonpartisan office, the ballot must list only the next-highest vote-getters, up to twice the number of seats left to fill, or fewer if there are not enough candidates.
## Elections Code - ELEC ## DIVISION 8. NOMINATIONS [8000 - 8903] ( Division 8 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PRIMARY ELECTION NOMINATIONS [8000 - 8228] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. Direct Primary [8000 - 8150] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 8. Nominated Candidates [8140 - 8150] ( Article 8 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 8143. If the number of candidates elected at a primary election to any nonpartisan office is less than the number of persons to be elected to that office, there shall be printed on the ballot, in a group, only the names of the other candidates receiving the next highest number of votes for nomination to that office as may equal twice the number of persons remaining to be elected to that office, or a smaller number if the list of candidates is exhausted. This group shall be preceded by the designation of the office and the words “vote for ____,” the blank being filled by a number equal to the number of persons remaining to be elected to that office. (Enacted by Stats. 1994, Ch. 920, Sec. 2.) - 8144. Verify source ↗
## Elections Code - ELEC ## DIVISION 8. NOMINATIONS [8000 - 8903] ( Division 8 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PRIMARY ELECTION NOMINATIONS [8000 - 8228] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. Direct Primary [8000 - 8150] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 8. Nominated Candidates [8140 - 8150] ( Article 8 enacted by Stats. 1994, Ch. 920, Sec. 2. )
The highest ভোট-getters for county central committee seats in the relevant district are declared elected, up to the number of seats to be filled.
## Elections Code - ELEC ## DIVISION 8. NOMINATIONS [8000 - 8903] ( Division 8 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PRIMARY ELECTION NOMINATIONS [8000 - 8228] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. Direct Primary [8000 - 8150] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 8. Nominated Candidates [8140 - 8150] ( Article 8 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 8144. The candidates for election to membership on the county central committee, equal in number to the number to be elected, receiving the highest number of votes in their supervisorial district or Assembly district, as the case may be, shall be declared elected. (Enacted by Stats. 1994, Ch. 920, Sec. 2.) - 8145. Verify source ↗
## Elections Code - ELEC ## DIVISION 8. NOMINATIONS [8000 - 8903] ( Division 8 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PRIMARY ELECTION NOMINATIONS [8000 - 8228] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. Direct Primary [8000 - 8150] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 8. Nominated Candidates [8140 - 8150] ( Article 8 enacted by Stats. 1994, Ch. 920, Sec. 2. )
Officials who canvass primary election returns in a county or city must issue certificates of nomination for candidates for nonpartisan offices voted on wholly within one county.
## Elections Code - ELEC ## DIVISION 8. NOMINATIONS [8000 - 8903] ( Division 8 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PRIMARY ELECTION NOMINATIONS [8000 - 8228] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. Direct Primary [8000 - 8150] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 8. Nominated Candidates [8140 - 8150] ( Article 8 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 8145. It is the duty of the officers charged with the canvass of the returns of any primary election in any county or city to issue certificates of nomination to candidates nominated for nonpartisan offices voted for wholly within one county. (Amended by Stats. 2012, Ch. 8, Sec. 14. (AB 1200) Effective March 8, 2012.) - 8146. Verify source ↗
## Elections Code - ELEC ## DIVISION 8. NOMINATIONS [8000 - 8903] ( Division 8 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PRIMARY ELECTION NOMINATIONS [8000 - 8228] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. Direct Primary [8000 - 8150] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 8. Nominated Candidates [8140 - 8150] ( Article 8 enacted by Stats. 1994, Ch. 920, Sec. 2. )
County or municipal officers must issue certificates of nomination or election immediately after the primary-election canvass is completed.
## Elections Code - ELEC ## DIVISION 8. NOMINATIONS [8000 - 8903] ( Division 8 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PRIMARY ELECTION NOMINATIONS [8000 - 8228] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. Direct Primary [8000 - 8150] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 8. Nominated Candidates [8140 - 8150] ( Article 8 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 8146. Certificates of nomination or election issued by county or municipal officers shall be issued immediately upon the completion of the canvass of the returns at the primary election. (Enacted by Stats. 1994, Ch. 920, Sec. 2.) - 8147. Verify source ↗
## Elections Code - ELEC ## DIVISION 8. NOMINATIONS [8000 - 8903] ( Division 8 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PRIMARY ELECTION NOMINATIONS [8000 - 8228] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. Direct Primary [8000 - 8150] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 8. Nominated Candidates [8140 - 8150] ( Article 8 enacted by Stats. 1994, Ch. 920, Sec. 2. )
The Secretary of State must issue certificates of nomination to candidates nominated for certain federal, state, and statewide offices.
## Elections Code - ELEC ## DIVISION 8. NOMINATIONS [8000 - 8903] ( Division 8 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PRIMARY ELECTION NOMINATIONS [8000 - 8228] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. Direct Primary [8000 - 8150] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 8. Nominated Candidates [8140 - 8150] ( Article 8 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 8147. The Secretary of State shall issue certificates of nomination to candidates nominated for Representatives in Congress, Members of the State Senate and Assembly, members of the State Board of Equalization, and for all statewide offices. (Enacted by Stats. 1994, Ch. 920, Sec. 2.) - 8147.5. Verify source ↗
## Elections Code - ELEC ## DIVISION 8. NOMINATIONS [8000 - 8903] ( Division 8 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PRIMARY ELECTION NOMINATIONS [8000 - 8228] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. Direct Primary [8000 - 8150] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 8. Nominated Candidates [8140 - 8150] ( Article 8 enacted by Stats. 1994, Ch. 920, Sec. 2. )
The Secretary of State must notify certain candidates about other candidates on the ballot within 73 to 90 days before the general election.
## Elections Code - ELEC ## DIVISION 8. NOMINATIONS [8000 - 8903] ( Division 8 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PRIMARY ELECTION NOMINATIONS [8000 - 8228] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. Direct Primary [8000 - 8150] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 8. Nominated Candidates [8140 - 8150] ( Article 8 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 8147.5. Not less than 73 days, and not more than 90 days, before the general election, the Secretary of State shall notify each candidate for partisan office and voter-nominated office of the names, addresses, offices, ballot designations, and party preferences of all other persons whose names are to appear on the ballot for the same office at the general election. (Added by Stats. 2013, Ch. 560, Sec. 7. (AB 1417) Effective January 1, 2014.) - 8148. Verify source ↗
## Elections Code - ELEC ## DIVISION 8. NOMINATIONS [8000 - 8903] ( Division 8 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PRIMARY ELECTION NOMINATIONS [8000 - 8228] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. Direct Primary [8000 - 8150] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 8. Nominated Candidates [8140 - 8150] ( Article 8 enacted by Stats. 1994, Ch. 920, Sec. 2. )
The Secretary of State must deliver a certificate to the appropriate county elections official at least 68 days before the general election.
## Elections Code - ELEC ## DIVISION 8. NOMINATIONS [8000 - 8903] ( Division 8 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PRIMARY ELECTION NOMINATIONS [8000 - 8228] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. Direct Primary [8000 - 8150] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 8. Nominated Candidates [8140 - 8150] ( Article 8 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 8148. Not less than 68 days before the general election, the Secretary of State shall deliver to the appropriate county elections official a certificate showing: (a) The name of every person entitled to receive votes within that county at the general election who has received the nomination as a candidate for public office pursuant to this chapter, the designation of the public office for which he or she has been nominated, and, if applicable, the ballot designation specified in accordance with Section 13107. (b) For each nominee for a partisan office, the name of the party that has nominated him or her. (c) For each nominee for a voter-nominated office, the designation made by the candidate pursuant to Section 8002.5. (Amended by Stats. 2012, Ch. 3, Sec. 23. (AB 1413) Effective February 10, 2012.) - 8149. Verify source ↗
## Elections Code - ELEC ## DIVISION 8. NOMINATIONS [8000 - 8903] ( Division 8 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PRIMARY ELECTION NOMINATIONS [8000 - 8228] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. Direct Primary [8000 - 8150] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 8. Nominated Candidates [8140 - 8150] ( Article 8 enacted by Stats. 1994, Ch. 920, Sec. 2. )
The Secretary of State must certify and send the candidate list for each office by Assembly district, following the required order. Counties with more than one Assembly district must receive separate lists for each district.
## Elections Code - ELEC ## DIVISION 8. NOMINATIONS [8000 - 8903] ( Division 8 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PRIMARY ELECTION NOMINATIONS [8000 - 8228] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. Direct Primary [8000 - 8150] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 8. Nominated Candidates [8140 - 8150] ( Article 8 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 8149. The Secretary of State shall certify and transmit the list of candidates for each office according to Assembly districts, in the order of arrangement prescribed by Chapter 2 (commencing with Section 13100) of Division 13. In the case of each county containing more than one Assembly district, he or she shall transmit separate lists for each Assembly district. (Enacted by Stats. 1994, Ch. 920, Sec. 2.) - 8150. Verify source ↗
## Elections Code - ELEC ## DIVISION 8. NOMINATIONS [8000 - 8903] ( Division 8 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PRIMARY ELECTION NOMINATIONS [8000 - 8228] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. Direct Primary [8000 - 8150] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 8. Nominated Candidates [8140 - 8150] ( Article 8 enacted by Stats. 1994, Ch. 920, Sec. 2. )
The Secretary of State prescribes the form of the certificate used for showing nominated or selected candidates and certain justices on the general election ballot.
## Elections Code - ELEC ## DIVISION 8. NOMINATIONS [8000 - 8903] ( Division 8 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PRIMARY ELECTION NOMINATIONS [8000 - 8228] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. Direct Primary [8000 - 8150] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 8. Nominated Candidates [8140 - 8150] ( Article 8 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 8150. The certificate of the Secretary of State showing candidates nominated or selected at a primary election, and justices of the Supreme Court and courts of appeal to appear on the general elections ballot, shall be in a form prescribed by the Secretary of State. (Amended by Stats. 2009, Ch. 1, Sec. 30. (SB 6) Effective January 1, 2010. Operative January 1, 2011, pursuant to Sec. 67 of Ch. 1.) - 8160. Verify source ↗
## Elections Code - ELEC ## DIVISION 8. NOMINATIONS [8000 - 8903] ( Division 8 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PRIMARY ELECTION NOMINATIONS [8000 - 8228] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1.5. June 2, 2026, Statewide Direct Primary Election [8160 - 8166] ( Chapter 1.5 added by Stats. 2025, Ch. 97, Sec. 1. )
This chapter applies only to the June 2, 2026, statewide direct primary election.
## Elections Code - ELEC ## DIVISION 8. NOMINATIONS [8000 - 8903] ( Division 8 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PRIMARY ELECTION NOMINATIONS [8000 - 8228] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1.5. June 2, 2026, Statewide Direct Primary Election [8160 - 8166] ( Chapter 1.5 added by Stats. 2025, Ch. 97, Sec. 1. ) ## 8160. This chapter applies only to the June 2, 2026, statewide direct primary election. (Added by Stats. 2025, Ch. 97, Sec. 1. (SB 280) Effective August 21, 2025. Repealed as of January 1, 2027, pursuant to Section 8166.) - 8161. Verify source ↗
## Elections Code - ELEC ## DIVISION 8. NOMINATIONS [8000 - 8903] ( Division 8 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PRIMARY ELECTION NOMINATIONS [8000 - 8228] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1.5. June 2, 2026, Statewide Direct Primary Election [8160 - 8166] ( Chapter 1.5 added by Stats. 2025, Ch. 97, Sec. 1. )
This section defines “statewide direct primary election” as the June 2, 2026 statewide direct primary election.
## Elections Code - ELEC ## DIVISION 8. NOMINATIONS [8000 - 8903] ( Division 8 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PRIMARY ELECTION NOMINATIONS [8000 - 8228] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1.5. June 2, 2026, Statewide Direct Primary Election [8160 - 8166] ( Chapter 1.5 added by Stats. 2025, Ch. 97, Sec. 1. ) ## 8161. For purposes of this chapter, “statewide direct primary election” means the June 2, 2026, statewide direct primary election. (Added by Stats. 2025, Ch. 97, Sec. 1. (SB 280) Effective August 21, 2025. Repealed as of January 1, 2027, pursuant to Section 8166.) - 8162. Verify source ↗
## Elections Code - ELEC ## DIVISION 8. NOMINATIONS [8000 - 8903] ( Division 8 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PRIMARY ELECTION NOMINATIONS [8000 - 8228] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1.5. June 2, 2026, Statewide Direct Primary Election [8160 - 8166] ( Chapter 1.5 added by Stats. 2025, Ch. 97, Sec. 1. )
The elections official must reduce the required number of signatures on an in-lieu-filing-fee petition in the same proportion as the shortened signature-collection period.
## Elections Code - ELEC ## DIVISION 8. NOMINATIONS [8000 - 8903] ( Division 8 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PRIMARY ELECTION NOMINATIONS [8000 - 8228] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1.5. June 2, 2026, Statewide Direct Primary Election [8160 - 8166] ( Chapter 1.5 added by Stats. 2025, Ch. 97, Sec. 1. ) ## 8162. (a) Notwithstanding subdivision (b) of Section 8106, forms for securing signatures on an in-lieu-filing-fee petition shall be made available beginning December 19, 2025. (b) Notwithstanding subdivision (a) of Section 8106, the elections official shall reduce the required number of signatures on an in-lieu-filing-fee petition by the same proportion as the reduction in the number of days for the candidate to collect signatures on such a petition compared to the number of days for a candidate to collect signatures on a petition, as provided by subdivision (b) of Section 8106. (Added by Stats. 2025, Ch. 97, Sec. 1. (SB 280) Effective August 21, 2025. Repealed as of January 1, 2027, pursuant to Section 8166.) - 8163. Verify source ↗
## Elections Code - ELEC ## DIVISION 8. NOMINATIONS [8000 - 8903] ( Division 8 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PRIMARY ELECTION NOMINATIONS [8000 - 8228] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1.5. June 2, 2026, Statewide Direct Primary Election [8160 - 8166] ( Chapter 1.5 added by Stats. 2025, Ch. 97, Sec. 1. )
The Secretary of State must decide by December 19, 2025 whether certain voter-party information can be included in statewide voter lists and must announce that decision.
## Elections Code - ELEC ## DIVISION 8. NOMINATIONS [8000 - 8903] ( Division 8 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PRIMARY ELECTION NOMINATIONS [8000 - 8228] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1.5. June 2, 2026, Statewide Direct Primary Election [8160 - 8166] ( Chapter 1.5 added by Stats. 2025, Ch. 97, Sec. 1. ) ## 8163. Not later than December 19, 2025, the Secretary of State shall determine whether it is feasible to include the number of voters, by party preferences, in each congressional district in the state in the statewide list compiled by the Secretary of State pursuant to subdivision (b) of Section 2187 with respect to all voters who are registered voters on the 154th day before the statewide direct primary election in accordance with paragraph (1) of subdivision (c) of Section 2187, and shall publicly announce that determination. If the Secretary of State determines that it is not feasible to include that information, all of the following apply: (a) Notwithstanding paragraph (5) of subdivision (a) of Section 2187, the information provided by the county elections official pursuant to paragraph (1) of subdivision (c) of Section 2187 is not required to include the number of voters by political party preferences in congressional districts located in whole or in part within the county. (b) Notwithstanding subdivision (b) of Section 2187, the statewide list compiled by the Secretary of State pursuant to that subdivision with respect to all voters who are registered voters on the 154th day before the statewide direct primary election shall not include the number of voters, by party preferences, in each congressional district in the state. (c) (1) The Secretary of State shall prepare a supplemental statewide list showing the number of voters, by party preference, in the state and in each county, city, supervisorial district, Assembly district, Senate district, and congressional district in the state with respect to all voters who are registered voters on a date specified by the Secretary of State. The date specified by the Secretary of State shall be as soon as is feasible, as determined by the Secretary of State, but not later than the 88th day before the statewide direct primary election. The Secretary of State shall compile this list within 30 days of receiving the information specified in paragraph (2). A copy of this list shall be made available, upon request, to any elector in this state. (2) For the purpose of preparing the supplemental statewide list required by paragraph (1), each county elections official shall prepare the information referenced in subdivision (a) of Section 2187 and provide notice to the Secretary of State by a date specified by the Secretary of State. (Added by Stats. 2025, Ch. 97, Sec. 1. (SB 280) Effective August 21, 2025. Repealed as of January 1, 2027, pursuant to Section 8166.) - 8164. Verify source ↗
## Elections Code - ELEC ## DIVISION 8. NOMINATIONS [8000 - 8903] ( Division 8 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PRIMARY ELECTION NOMINATIONS [8000 - 8228] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1.5. June 2, 2026, Statewide Direct Primary Election [8160 - 8166] ( Chapter 1.5 added by Stats. 2025, Ch. 97, Sec. 1. )
The Secretary of State must prepare a calendar of key election dates, deadlines, and nomination/election requirements by the time signature-gathering forms for an in-lieu-filing-fee petition are made available under Section 8162.
## Elections Code - ELEC ## DIVISION 8. NOMINATIONS [8000 - 8903] ( Division 8 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PRIMARY ELECTION NOMINATIONS [8000 - 8228] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1.5. June 2, 2026, Statewide Direct Primary Election [8160 - 8166] ( Chapter 1.5 added by Stats. 2025, Ch. 97, Sec. 1. ) ## 8164. Not later than the date that forms for securing signatures on an in-lieu-filing-fee petition are made available in accordance with Section 8162, the Secretary of State shall prepare a calendar of key election dates and deadlines and requirements for the nomination and election of candidates pursuant to California law, including this chapter. (Added by Stats. 2025, Ch. 97, Sec. 1. (SB 280) Effective August 21, 2025. Repealed as of January 1, 2027, pursuant to Section 8166.) - 8165. Verify source ↗
## Elections Code - ELEC ## DIVISION 8. NOMINATIONS [8000 - 8903] ( Division 8 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PRIMARY ELECTION NOMINATIONS [8000 - 8228] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1.5. June 2, 2026, Statewide Direct Primary Election [8160 - 8166] ( Chapter 1.5 added by Stats. 2025, Ch. 97, Sec. 1. )
For Representative in Congress candidates, the word “incumbent” may not be used as a ballot designation, and nomination documents may be filed until 5 p.m. on the 83rd day before the statewide direct primary election if the stated conditions are met.
## Elections Code - ELEC ## DIVISION 8. NOMINATIONS [8000 - 8903] ( Division 8 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PRIMARY ELECTION NOMINATIONS [8000 - 8228] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1.5. June 2, 2026, Statewide Direct Primary Election [8160 - 8166] ( Chapter 1.5 added by Stats. 2025, Ch. 97, Sec. 1. ) ## 8165. (a) Notwithstanding paragraph (2) of subdivision (a) of Section 13107, a candidate for the office of Representative in Congress shall not choose the word “incumbent” as a designation to appear on the ballot. This subdivision shall not be construed to prevent a candidate from choosing a designation of the elective office which the candidate holds at the time of filing the nomination documents, to which the candidate was elected by vote of the people in accordance with paragraph (1) of subdivision (a) of Section 13107. (b) (1) Section 8022, as it pertains to the office of Representative in Congress, shall not be operative. (2) Notwithstanding Section 8020 or any other law, a person shall have until 5 p.m. on the 83rd day before the statewide direct primary election to file nomination documents for the office of Representative in Congress, if either of the following is true: (A) No person who currently holds the office of Representative in Congress delivered nomination documents for that district by 5 p.m. on the 88th day before the statewide direct primary election. (B) Every person who currently holds the office of Representative in Congress who delivered nomination documents for that district by 5 p.m. on the 88th day before the statewide direct primary election also withdrew those nomination documents before 5 p.m. on the 88th day before the statewide direct primary election. (c) This section shall become operative only if Assembly Constitutional Amendment 8 of the 2025–26 Regular Session is approved by the voters and takes effect, and subdivision (b) of Section 4 of Article XXI of the California Constitution, as added by that constitutional amendment, becomes operative. (Added by Stats. 2025, Ch. 97, Sec. 1. (SB 280) Effective August 21, 2025. Repealed as of January 1, 2027, pursuant to Section 8166.) - 8166. Verify source ↗
## Elections Code - ELEC ## DIVISION 8. NOMINATIONS [8000 - 8903] ( Division 8 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PRIMARY ELECTION NOMINATIONS [8000 - 8228] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1.5. June 2, 2026, Statewide Direct Primary Election [8160 - 8166] ( Chapter 1.5 added by Stats. 2025, Ch. 97, Sec. 1. )
This chapter stays in effect until January 1, 2027, and is repealed on that date.
## Elections Code - ELEC ## DIVISION 8. NOMINATIONS [8000 - 8903] ( Division 8 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PRIMARY ELECTION NOMINATIONS [8000 - 8228] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1.5. June 2, 2026, Statewide Direct Primary Election [8160 - 8166] ( Chapter 1.5 added by Stats. 2025, Ch. 97, Sec. 1. ) ## 8166. This chapter shall remain in effect only until January 1, 2027, and as of that date is repealed. (Added by Stats. 2025, Ch. 97, Sec. 1. (SB 280) Effective August 21, 2025. Repealed as of January 1, 2027, by its own provisions. Note: Repeal affects Chapter 1.5, commencing with Section 8160.) - 8200. Verify source ↗
## Elections Code - ELEC ## DIVISION 8. NOMINATIONS [8000 - 8903] ( Division 8 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PRIMARY ELECTION NOMINATIONS [8000 - 8228] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. Judicial Officers [8200 - 8228] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 1. Distinguishing Number on Ballot [8200 - 8204] ( Article 1 enacted by Stats. 1994, Ch. 920, Sec. 2. )
When an election includes two or more judges or justices for the same term, each seat is treated as a separate judicial office and gets a distinguishing number.
## Elections Code - ELEC ## DIVISION 8. NOMINATIONS [8000 - 8903] ( Division 8 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PRIMARY ELECTION NOMINATIONS [8000 - 8228] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. Judicial Officers [8200 - 8228] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 1. Distinguishing Number on Ballot [8200 - 8204] ( Article 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 8200. In any election at which two or more judges or justices of any court are to be voted for or elected for the same term, it shall be deemed that there are as many separate judicial offices to be filled as there are judges or justices of the court to be elected. Each separate office shall be designated by a distinguishing number not greater than the total number of the offices. The designation shall remain the same for all purposes of both primary and general election and shall be used on all nomination papers, certificates of nomination, ballots, certificates of election, and all election papers referring to the office. After election and the issuance of the certificates of election, the designating number shall have no further significance. (Enacted by Stats. 1994, Ch. 920, Sec. 2.) - 8201. Verify source ↗
## Elections Code - ELEC ## DIVISION 8. NOMINATIONS [8000 - 8903] ( Division 8 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PRIMARY ELECTION NOMINATIONS [8000 - 8228] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. Judicial Officers [8200 - 8228] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 1. Distinguishing Number on Ballot [8200 - 8204] ( Article 1 enacted by Stats. 1994, Ch. 920, Sec. 2. )
Candidates covered by this section do not have to state a residential address on the declaration of candidacy, and the elections official must verify the address and mark it “verified” when the candidate leaves it off.
## Elections Code - ELEC ## DIVISION 8. NOMINATIONS [8000 - 8903] ( Division 8 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PRIMARY ELECTION NOMINATIONS [8000 - 8228] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. Judicial Officers [8200 - 8228] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 1. Distinguishing Number on Ballot [8200 - 8204] ( Article 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 8201. (a) A declaration of candidacy for election or a nomination by the Governor, made pursuant to subdivision (d) of Section 16 of Article VI of the California Constitution, shall be filed with the officer charged with the duty of certifying nominations for publication in the official ballot. (b) No candidate described in subdivision (a) shall be required to state his or her residential address on the declaration of candidacy. However, in cases where the candidate does not state his or her residential address on the declaration of candidacy, the elections official shall verify whether his or her address is within the appropriate political subdivision and add the notation “verified” where appropriate. (Amended by Stats. 1998, Ch. 932, Sec. 30. Effective January 1, 1999.) - 8202. Verify source ↗
## Elections Code - ELEC ## DIVISION 8. NOMINATIONS [8000 - 8903] ( Division 8 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PRIMARY ELECTION NOMINATIONS [8000 - 8228] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. Judicial Officers [8200 - 8228] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 1. Distinguishing Number on Ballot [8200 - 8204] ( Article 1 enacted by Stats. 1994, Ch. 920, Sec. 2. )
Ballots must list numerically designated offices in numerical order, and a person may not run for or have listed on the ballot any numerically designated office other than the one named in that person’s declaration of intention.
## Elections Code - ELEC ## DIVISION 8. NOMINATIONS [8000 - 8903] ( Division 8 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PRIMARY ELECTION NOMINATIONS [8000 - 8228] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. Judicial Officers [8200 - 8228] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 1. Distinguishing Number on Ballot [8200 - 8204] ( Article 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 8202. The numerically designated offices shall be grouped and arranged on all ballots in numerical order. No person may be a candidate nor have his or her name printed upon any ballot as a candidate for any numerically designated office other than the one indicated by him or her in his or her declaration of intention to become a candidate. (Amended by Stats. 2006, Ch. 466, Sec. 5. Effective January 1, 2007.) - 8203. Verify source ↗
## Elections Code - ELEC ## DIVISION 8. NOMINATIONS [8000 - 8903] ( Division 8 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PRIMARY ELECTION NOMINATIONS [8000 - 8228] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. Judicial Officers [8200 - 8228] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 1. Distinguishing Number on Ballot [8200 - 8204] ( Article 1 enacted by Stats. 1994, Ch. 920, Sec. 2. )
Sets when an incumbent superior court judge’s name may appear on the ballot, and when the elections official must declare the incumbent reelected.
## Elections Code - ELEC ## DIVISION 8. NOMINATIONS [8000 - 8903] ( Division 8 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PRIMARY ELECTION NOMINATIONS [8000 - 8228] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. Judicial Officers [8200 - 8228] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 1. Distinguishing Number on Ballot [8200 - 8204] ( Article 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 8203. (a) In any county in which only the incumbent has filed nomination papers for the office of superior court judge, his or her name shall not appear on the ballot unless there is filed with the elections official, within 10 days after the final date for filing nomination papers for the office, a petition indicating that a write-in campaign will be conducted for the office and signed by at least 0.1 percent of the registered voters qualified to vote with respect to the office, provided that the petition shall contain at least 100 signatures but need not contain more than 600 signatures. (b) If a petition indicating that a write-in campaign will be conducted for the office at the general election, signed by the number of registered voters qualified to vote with respect to the office specified in subdivision (a), is filed with the elections official not less than 83 days before the general election, the name of the incumbent shall be placed on the general election ballot if it has not appeared on the direct primary election ballot. (c) If, in conformity with this section, the name of the incumbent does not appear either on the primary ballot or general election ballot, the elections official, on the day of the general election, shall declare the incumbent reelected. Certificates of election specified in Section 15401 or 15504 shall not be issued to a person reelected pursuant to this section before the day of the general election. (Amended by Stats. 2011, Ch. 214, Sec. 1. (AB 362) Effective January 1, 2012.) - 8204. Verify source ↗
## Elections Code - ELEC ## DIVISION 8. NOMINATIONS [8000 - 8903] ( Division 8 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PRIMARY ELECTION NOMINATIONS [8000 - 8228] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. Judicial Officers [8200 - 8228] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 1. Distinguishing Number on Ballot [8200 - 8204] ( Article 1 enacted by Stats. 1994, Ch. 920, Sec. 2. )
If an incumbent judicial officer dies or misses the filing deadline after declaring an intention, the filing period for nomination papers is extended by five days. During that extended period, another qualified person may file even without a written declaration of intention.
## Elections Code - ELEC ## DIVISION 8. NOMINATIONS [8000 - 8903] ( Division 8 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PRIMARY ELECTION NOMINATIONS [8000 - 8228] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. Judicial Officers [8200 - 8228] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 1. Distinguishing Number on Ballot [8200 - 8204] ( Article 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 8204. (a) If an incumbent of a judicial office dies on or before the last day prescribed for the filing of nomination papers, or files a declaration of intention but for any reason fails to file his or her nomination papers by the last day prescribed for the filing of the papers, an additional five days shall be allowed for the filing of nomination papers for the office. (b) Any person other than the person who was the incumbent, if otherwise qualified, may file nomination papers for the office during the extended period, notwithstanding that he or she has not filed a written and signed declaration of intention to become a candidate for the office as provided in Sections 8023 and 8201. (Amended by Stats. 2006, Ch. 466, Sec. 6. Effective January 1, 2007.) - 8220. Verify source ↗
## Elections Code - ELEC ## DIVISION 8. NOMINATIONS [8000 - 8903] ( Division 8 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PRIMARY ELECTION NOMINATIONS [8000 - 8228] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. Judicial Officers [8200 - 8228] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 2. Adoption of Subdivision (d) of Section 16 of Article VI of the California Constitution [8220 - 8228] ( Article 2 enacted by Stats. 1994, Ch. 920, Sec. 2. )
County voters may adopt a specified constitutional subdivision for their superior court judge if a majority votes yes on the question.
## Elections Code - ELEC ## DIVISION 8. NOMINATIONS [8000 - 8903] ( Division 8 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PRIMARY ELECTION NOMINATIONS [8000 - 8228] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. Judicial Officers [8200 - 8228] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 2. Adoption of Subdivision (d) of Section 16 of Article VI of the California Constitution [8220 - 8228] ( Article 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 8220. The voters of any county may adopt subdivision (d) of Section 16 of Article VI of the Constitution of this state as applicable to the judge of the superior court of the county if a majority of the voters of the county, voting on the question of its adoption, vote in favor thereof. (Enacted by Stats. 1994, Ch. 920, Sec. 2.) - 8221. Verify source ↗
## Elections Code - ELEC ## DIVISION 8. NOMINATIONS [8000 - 8903] ( Division 8 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PRIMARY ELECTION NOMINATIONS [8000 - 8228] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. Judicial Officers [8200 - 8228] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 2. Adoption of Subdivision (d) of Section 16 of Article VI of the California Constitution [8220 - 8228] ( Article 2 enacted by Stats. 1994, Ch. 920, Sec. 2. )
A county board of supervisors or county voters may start the process to adopt subdivision (d) of Section 16 of Article VI for the county’s superior court judge.
## Elections Code - ELEC ## DIVISION 8. NOMINATIONS [8000 - 8903] ( Division 8 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PRIMARY ELECTION NOMINATIONS [8000 - 8228] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. Judicial Officers [8200 - 8228] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 2. Adoption of Subdivision (d) of Section 16 of Article VI of the California Constitution [8220 - 8228] ( Article 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 8221. Subdivision (d) of Section 16 of Article VI may be adopted: (a) In pursuance of an ordinance or resolution adopted by the board of supervisors of the county, declaring that the public interest requires the submission at an election of the proposal to adopt the provisions as applicable to the judge of the superior court of the county. (b) In pursuance of a petition of voters of the county as provided in this article. (Enacted by Stats. 1994, Ch. 920, Sec. 2.) - 8222. Verify source ↗
## Elections Code - ELEC ## DIVISION 8. NOMINATIONS [8000 - 8903] ( Division 8 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PRIMARY ELECTION NOMINATIONS [8000 - 8228] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. Judicial Officers [8200 - 8228] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 2. Adoption of Subdivision (d) of Section 16 of Article VI of the California Constitution [8220 - 8228] ( Article 2 enacted by Stats. 1994, Ch. 920, Sec. 2. )
A petition must include the name and address of a person who will receive notice if the petition does not have the required number of voter signatures.
## Elections Code - ELEC ## DIVISION 8. NOMINATIONS [8000 - 8903] ( Division 8 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PRIMARY ELECTION NOMINATIONS [8000 - 8228] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. Judicial Officers [8200 - 8228] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 2. Adoption of Subdivision (d) of Section 16 of Article VI of the California Constitution [8220 - 8228] ( Article 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 8222. The petition shall state the name and address of a person to whom notice of the insufficiency of the petition shall be sent in the event the petition has not the required number of signatures of voters signed thereto. (Enacted by Stats. 1994, Ch. 920, Sec. 2.) - 8223. Verify source ↗
## Elections Code - ELEC ## DIVISION 8. NOMINATIONS [8000 - 8903] ( Division 8 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PRIMARY ELECTION NOMINATIONS [8000 - 8228] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. Judicial Officers [8200 - 8228] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 2. Adoption of Subdivision (d) of Section 16 of Article VI of the California Constitution [8220 - 8228] ( Article 2 enacted by Stats. 1994, Ch. 920, Sec. 2. )
A petition must be signed by 10% of county voters, using the prior gubernatorial vote total to calculate the number, and filed with the county elections official.
## Elections Code - ELEC ## DIVISION 8. NOMINATIONS [8000 - 8903] ( Division 8 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PRIMARY ELECTION NOMINATIONS [8000 - 8228] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. Judicial Officers [8200 - 8228] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 2. Adoption of Subdivision (d) of Section 16 of Article VI of the California Constitution [8220 - 8228] ( Article 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 8223. The petition shall be signed by 10 percent of the voters of the county, computed upon the total number of votes cast therein for all candidates for Governor at the last preceding gubernatorial election, and it shall pray for the adoption of the provisions as applicable to the judge of the superior court of the county. The petition shall be filed in the office of the county elections official. (Enacted by Stats. 1994, Ch. 920, Sec. 2.) - 8224. Verify source ↗
## Elections Code - ELEC ## DIVISION 8. NOMINATIONS [8000 - 8903] ( Division 8 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PRIMARY ELECTION NOMINATIONS [8000 - 8228] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. Judicial Officers [8200 - 8228] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 2. Adoption of Subdivision (d) of Section 16 of Article VI of the California Constitution [8220 - 8228] ( Article 2 enacted by Stats. 1994, Ch. 920, Sec. 2. )
The county elections official must review the petition within 20 days and check whether it has the required number of signatures. If needed, the board of supervisors must let the official hire helpers and must pay them.
## Elections Code - ELEC ## DIVISION 8. NOMINATIONS [8000 - 8903] ( Division 8 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PRIMARY ELECTION NOMINATIONS [8000 - 8228] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. Judicial Officers [8200 - 8228] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 2. Adoption of Subdivision (d) of Section 16 of Article VI of the California Constitution [8220 - 8228] ( Article 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 8224. Within 20 days after the filing of the petition, the county elections official shall examine it and ascertain from the record of the registration of the voters of the county whether the petition is signed by the requisite number. If needed by the county elections official, the board of supervisors shall authorize him or her to employ persons to assist him or her in the work of examining the petition, and the board shall provide for their compensation. (Enacted by Stats. 1994, Ch. 920, Sec. 2.) - 8225. Verify source ↗
## Elections Code - ELEC ## DIVISION 8. NOMINATIONS [8000 - 8903] ( Division 8 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PRIMARY ELECTION NOMINATIONS [8000 - 8228] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. Judicial Officers [8200 - 8228] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 2. Adoption of Subdivision (d) of Section 16 of Article VI of the California Constitution [8220 - 8228] ( Article 2 enacted by Stats. 1994, Ch. 920, Sec. 2. )
After examining the petition, the elections official must attach a dated certificate showing the examination results, and if the petition has enough voter signatures, must present it to the board of supervisors immediately or at its next meeting.
## Elections Code - ELEC ## DIVISION 8. NOMINATIONS [8000 - 8903] ( Division 8 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PRIMARY ELECTION NOMINATIONS [8000 - 8228] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. Judicial Officers [8200 - 8228] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 2. Adoption of Subdivision (d) of Section 16 of Article VI of the California Constitution [8220 - 8228] ( Article 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 8225. Upon the completion of his or her examination, the elections official shall forthwith attach to the petition his or her certificate, duly dated, showing the results of his or her examination. If the certificate shows that the petition is signed by the requisite number of voters, he or she shall immediately present the petition to the board of supervisors if it is in session, otherwise at its next meeting. (Enacted by Stats. 1994, Ch. 920, Sec. 2.) - 8226. Verify source ↗
## Elections Code - ELEC ## DIVISION 8. NOMINATIONS [8000 - 8903] ( Division 8 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PRIMARY ELECTION NOMINATIONS [8000 - 8228] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. Judicial Officers [8200 - 8228] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 2. Adoption of Subdivision (d) of Section 16 of Article VI of the California Constitution [8220 - 8228] ( Article 2 enacted by Stats. 1994, Ch. 920, Sec. 2. )
If a petition lacks enough signatures, the elections official must notify the designated recipient, and the petitioners then have 30 days to file a supplement with more signatures.
## Elections Code - ELEC ## DIVISION 8. NOMINATIONS [8000 - 8903] ( Division 8 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PRIMARY ELECTION NOMINATIONS [8000 - 8228] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. Judicial Officers [8200 - 8228] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 2. Adoption of Subdivision (d) of Section 16 of Article VI of the California Constitution [8220 - 8228] ( Article 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 8226. If it appears by the certificate that the petition has not the required number of signatures, the elections official shall so notify the person designated as the person to whom notification of the insufficiency of the petition is to be sent. The petitioners shall have 30 days from and after the date of receiving the notice of insufficiency to present and file a supplement bearing additional signatures. Upon the receipt of the supplement, the elections official shall proceed forthwith to examine it. He or she shall complete his or her examination within 10 days from the date of its receipt by him or her. If it appears that the additional signatures and those which have not been legally rejected upon the original petition total the requisite number, the county elections official shall forthwith attach to the petition his certificate, duly dated, showing that the petition has been signed by the requisite number of voters, and shall immediately present it to the board of supervisors if it is in session, otherwise at its next meeting. (Enacted by Stats. 1994, Ch. 920, Sec. 2.) - 8227. Verify source ↗
## Elections Code - ELEC ## DIVISION 8. NOMINATIONS [8000 - 8903] ( Division 8 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PRIMARY ELECTION NOMINATIONS [8000 - 8228] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. Judicial Officers [8200 - 8228] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 2. Adoption of Subdivision (d) of Section 16 of Article VI of the California Constitution [8220 - 8228] ( Article 2 enacted by Stats. 1994, Ch. 920, Sec. 2. )
If an ordinance, resolution, or petition is adopted or presented, the board of supervisors must submit the proposal to voters at the next eligible election after 90 days.
## Elections Code - ELEC ## DIVISION 8. NOMINATIONS [8000 - 8903] ( Division 8 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PRIMARY ELECTION NOMINATIONS [8000 - 8228] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. Judicial Officers [8200 - 8228] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 2. Adoption of Subdivision (d) of Section 16 of Article VI of the California Constitution [8220 - 8228] ( Article 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 8227. Upon the adoption of the ordinance or resolution or the presentation of a petition, the board of supervisors shall submit the proposal to the voters at the next succeeding general election, presidential primary, or countywide special election, occurring subsequent to 90 days after the adoption of the ordinance or resolution or the presentation of the petition. (Enacted by Stats. 1994, Ch. 920, Sec. 2.) - 8228. Verify source ↗
## Elections Code - ELEC ## DIVISION 8. NOMINATIONS [8000 - 8903] ( Division 8 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PRIMARY ELECTION NOMINATIONS [8000 - 8228] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. Judicial Officers [8200 - 8228] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 2. Adoption of Subdivision (d) of Section 16 of Article VI of the California Constitution [8220 - 8228] ( Article 2 enacted by Stats. 1994, Ch. 920, Sec. 2. )
If the proposal passes by majority vote, the board of supervisors must file a signed and dated certificate with the Secretary of State.
## Elections Code - ELEC ## DIVISION 8. NOMINATIONS [8000 - 8903] ( Division 8 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PRIMARY ELECTION NOMINATIONS [8000 - 8228] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. Judicial Officers [8200 - 8228] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 2. Adoption of Subdivision (d) of Section 16 of Article VI of the California Constitution [8220 - 8228] ( Article 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 8228. If the proposal is approved by a majority of the votes cast thereon, the board of supervisors shall file a certificate, signed by the chairman of the board and duly dated, with the Secretary of State, reciting that the proposal to adopt subdivision (d) of Section 16 of Article VI of the California Constitution as applicable to the judge of the superior court of the county was approved by a majority of the votes cast thereon at the election. Upon the filing of the certificate the provisions of subdivision (d) of Section 16 of the California Constitution shall thereupon be applicable to the judge of the superior court of that county, and effective as to all vacancies in the office occurring after the date of filing of the certificate. (Enacted by Stats. 1994, Ch. 920, Sec. 2.) - 8300. Verify source ↗
## Elections Code - ELEC ## DIVISION 8. NOMINATIONS [8000 - 8903] ( Division 8 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 2. INDEPENDENT NOMINATIONS [8300 - 8550] ( Part 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. General Provisions [8300 - 8304] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. )
Some candidates may be nominated after or instead of a primary election under this chapter.
## Elections Code - ELEC ## DIVISION 8. NOMINATIONS [8000 - 8903] ( Division 8 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 2. INDEPENDENT NOMINATIONS [8300 - 8550] ( Part 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. General Provisions [8300 - 8304] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 8300. A candidate for a partisan office, including that of presidential elector, may be nominated subsequent to, or by other means than, a primary election pursuant to this chapter. A candidate for nonpartisan office or for voter-nominated office may be nominated subsequent to, or by other means than, a primary election pursuant to this chapter only if a candidate was not nominated or elected at the primary election for that office. (Amended by Stats. 2012, Ch. 3, Sec. 24. (AB 1413) Effective February 10, 2012.) - 8301. Verify source ↗
## Elections Code - ELEC ## DIVISION 8. NOMINATIONS [8000 - 8903] ( Division 8 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 2. INDEPENDENT NOMINATIONS [8300 - 8550] ( Part 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. General Provisions [8300 - 8304] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. )
A candidate who filed as a partisan candidate and lost the party nomination at the primary election cannot be nominated as an independent candidate.
## Elections Code - ELEC ## DIVISION 8. NOMINATIONS [8000 - 8903] ( Division 8 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 2. INDEPENDENT NOMINATIONS [8300 - 8550] ( Part 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. General Provisions [8300 - 8304] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 8301. A candidate for whom a nomination paper has been filed as a partisan candidate at a primary election, and who is defeated for his or her party nomination at the primary election, is ineligible for nomination as an independent candidate. (Enacted by Stats. 1994, Ch. 920, Sec. 2.) - 8302. Verify source ↗
## Elections Code - ELEC ## DIVISION 8. NOMINATIONS [8000 - 8903] ( Division 8 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 2. INDEPENDENT NOMINATIONS [8300 - 8550] ( Part 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. General Provisions [8300 - 8304] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. )
This section says Chapter 1, Part 1 Chapter 1, and Part 4 apply to certain offices and elections, as long as that application is consistent with this chapter.
## Elections Code - ELEC ## DIVISION 8. NOMINATIONS [8000 - 8903] ( Division 8 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 2. INDEPENDENT NOMINATIONS [8300 - 8550] ( Part 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. General Provisions [8300 - 8304] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 8302. For the purposes of this chapter, Chapter 1 (commencing with Section 8000) of Part 1, and Part 4 (commencing with Section 8800), so far as consistent with this chapter, shall apply to all offices for which nominations are made at the presidential primary and direct primary elections, as well as to elections for any other office to which those provisions would not ordinarily apply. (Enacted by Stats. 1994, Ch. 920, Sec. 2.) - 8303. Verify source ↗
## Elections Code - ELEC ## DIVISION 8. NOMINATIONS [8000 - 8903] ( Division 8 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 2. INDEPENDENT NOMINATIONS [8300 - 8550] ( Part 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. General Provisions [8300 - 8304] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. )
A qualifying group of presidential electors may include the presidential and vice-presidential candidate names on its nomination paper when filing with the Secretary of State.
## Elections Code - ELEC ## DIVISION 8. NOMINATIONS [8000 - 8903] ( Division 8 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 2. INDEPENDENT NOMINATIONS [8300 - 8550] ( Part 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. General Provisions [8300 - 8304] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 8303. Whenever a group of candidates for presidential electors, equal in number to the number of presidential electors to which this state is entitled, files a nomination paper with the Secretary of State pursuant to this chapter, the nomination paper may contain the name of the candidate for President of the United States and the name of the candidate for Vice President of the United States for whom all of those candidates for presidential electors pledge themselves to vote. (Enacted by Stats. 1994, Ch. 920, Sec. 2.) - 8304. Verify source ↗
## Elections Code - ELEC ## DIVISION 8. NOMINATIONS [8000 - 8903] ( Division 8 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 2. INDEPENDENT NOMINATIONS [8300 - 8550] ( Part 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. General Provisions [8300 - 8304] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. )
If a group of candidates for presidential electors designates the presidential and vice presidential candidates they support, those candidates’ names must be printed on the ballot.
## Elections Code - ELEC ## DIVISION 8. NOMINATIONS [8000 - 8903] ( Division 8 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 2. INDEPENDENT NOMINATIONS [8300 - 8550] ( Part 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. General Provisions [8300 - 8304] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 8304. When a group of candidates for presidential electors designates the presidential and vice presidential candidates for whom all of the group pledge themselves to vote, the names of the presidential candidate and vice presidential candidate designated by that group shall be printed on the ballot pursuant to Chapter 2 (commencing with Section 13100) of Division 13. (Enacted by Stats. 1994, Ch. 920, Sec. 2.) - 8400. Verify source ↗
## Elections Code - ELEC ## DIVISION 8. NOMINATIONS [8000 - 8903] ( Division 8 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 2. INDEPENDENT NOMINATIONS [8300 - 8550] ( Part 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 3. Nomination Papers [8400 - 8409] ( Chapter 3 enacted by Stats. 1994, Ch. 920, Sec. 2. )
Nomination papers must be signed by a required number of voters, depending on the office and election type.
## Elections Code - ELEC ## DIVISION 8. NOMINATIONS [8000 - 8903] ( Division 8 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 2. INDEPENDENT NOMINATIONS [8300 - 8550] ( Part 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 3. Nomination Papers [8400 - 8409] ( Chapter 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 8400. Nomination papers for a statewide office for which the candidate is to be nominated shall be signed by voters of the state equal to not less in number than 1 percent of the entire number of registered voters of the state at the time of the close of registration prior to the preceding general election. Nomination papers for an office, other than a statewide office, shall be signed by the voters of the area for which the candidate is to be nominated, not less in number than 3 percent of the entire number of registered voters in the area at the time of the close of registration prior to the preceding general election. Nomination papers for Representative in Congress, State Senator or Assembly Member, to be voted for at a special election to fill a vacancy, shall be signed by voters in the district not less in number than 500 or 1 percent of the entire vote cast in the area at the preceding general election, whichever is less, nor more than 1,000. (Enacted by Stats. 1994, Ch. 920, Sec. 2.) - 8401. Verify source ↗
## Elections Code - ELEC ## DIVISION 8. NOMINATIONS [8000 - 8903] ( Division 8 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 2. INDEPENDENT NOMINATIONS [8300 - 8550] ( Part 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 3. Nomination Papers [8400 - 8409] ( Chapter 3 enacted by Stats. 1994, Ch. 920, Sec. 2. )
The elections official may use random sampling to verify signatures on a nomination paper when the paper has more than 500 signatures, and must attach a certificate and notify the candidate of the result.
## Elections Code - ELEC ## DIVISION 8. NOMINATIONS [8000 - 8903] ( Division 8 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 2. INDEPENDENT NOMINATIONS [8300 - 8550] ( Part 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 3. Nomination Papers [8400 - 8409] ( Chapter 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 8401. (a) Upon receiving the nomination paper if, from the examination of such pursuant to Section 8400, more than 500 signatures have been signed on the nomination paper petition, the elections official may use a random sampling technique for verification of signatures. The random sample of signatures to be verified shall be drawn in such a manner that every signature filed with the elections official shall be given an equal opportunity to be included in the sample. The random sampling shall include an examination of at least 500 or 5 percent of the signatures, whichever is greater. (b) If the statistical sampling shows that the number of valid signatures is within 90 to 110 percent of the number of signatures of qualified voters needed to declare the nomination paper sufficient, the elections official shall examine and verify each signature filed. (c) In determining from the records of registration, what number of valid signatures are signed on the nomination paper, the elections official may check the signatures against facsimiles of voters’ signatures, provided that the method of preparing and displaying the facsimiles is permitted by law. (d) The elections official shall attach to the nomination paper, a certificate showing the result of this examination, and shall notify the candidate of either the sufficiency or insufficiency of the nomination paper. (e) If the nomination paper is found insufficient, no action shall be taken on the nomination paper. However, the failure to secure sufficient signatures, shall not preclude the submission later of an entirely new nomination paper to the same effect. (f) If the nomination paper is found to be sufficient, the elections official shall certify the results of the examination. (Amended by Stats. 2015, Ch. 728, Sec. 75. (AB 1020) Effective January 1, 2016. Operative September 26, 2016, when the Secretary of State issued the certification prescribed by Stats. 2015, Ch. 728, Sec. 88.) - 8402. Verify source ↗
## Elections Code - ELEC ## DIVISION 8. NOMINATIONS [8000 - 8903] ( Division 8 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 2. INDEPENDENT NOMINATIONS [8300 - 8550] ( Part 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 3. Nomination Papers [8400 - 8409] ( Chapter 3 enacted by Stats. 1994, Ch. 920, Sec. 2. )
Once the required valid signatures are received, the officer must not accept more sections of that candidate’s nomination paper.
## Elections Code - ELEC ## DIVISION 8. NOMINATIONS [8000 - 8903] ( Division 8 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 2. INDEPENDENT NOMINATIONS [8300 - 8550] ( Part 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 3. Nomination Papers [8400 - 8409] ( Chapter 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 8402. When a nomination paper or sections of a nomination paper have been received which contain the number of valid signatures required in Section 8400, the officer with whom those papers are required to be left shall not accept additional sections of the nomination paper for the candidate named in it. (Enacted by Stats. 1994, Ch. 920, Sec. 2.) - 8403. Verify source ↗
## Elections Code - ELEC ## DIVISION 8. NOMINATIONS [8000 - 8903] ( Division 8 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 2. INDEPENDENT NOMINATIONS [8300 - 8550] ( Part 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 3. Nomination Papers [8400 - 8409] ( Chapter 3 enacted by Stats. 1994, Ch. 920, Sec. 2. )
This section sets deadlines for preparing and filing nomination papers and gives county elections officials and the Secretary of State steps to follow when signature totals are too low.
## Elections Code - ELEC ## DIVISION 8. NOMINATIONS [8000 - 8903] ( Division 8 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 2. INDEPENDENT NOMINATIONS [8300 - 8550] ( Part 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 3. Nomination Papers [8400 - 8409] ( Chapter 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 8403. (a) (1) Nomination papers shall be prepared, circulated, signed, and delivered to the county elections official for examination no earlier than 148 days before the election and no later than 5 p.m. 88 days before the election. (2) For offices for which no filing fee is required, nomination papers shall be prepared, circulated, signed, and delivered to the county elections official for examination no earlier than 193 days before the election and no later than 5 p.m. 88 days before the election. (b) All nomination documents that are required to be filed in the office of the Secretary of State shall, within 24 days after being left with the county elections official in compliance with paragraph (1) or (2) of subdivision (a), be forwarded by the county elections official to the Secretary of State, who shall receive and file them. (c) If the total number of signatures submitted to a county elections official for an office entirely within that county does not equal the number of signatures needed to qualify the candidate, the county elections official shall declare the petition void and is not required to verify the signatures. If the district falls within two or more counties, the county elections official shall within two working days report in writing to the Secretary of State the total number of signatures submitted. (d) If the Secretary of State finds that the total number of signatures submitted in the district or state is less than the minimum number required to qualify the candidate he or she shall within one working day notify in writing the counties involved that they need not verify the signatures. (Enacted by Stats. 1994, Ch. 920, Sec. 2.) - 8404. Verify source ↗
## Elections Code - ELEC ## DIVISION 8. NOMINATIONS [8000 - 8903] ( Division 8 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 2. INDEPENDENT NOMINATIONS [8300 - 8550] ( Part 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 3. Nomination Papers [8400 - 8409] ( Chapter 3 enacted by Stats. 1994, Ch. 920, Sec. 2. )
A signer of a nomination paper may sign only one paper for the same office, unless multiple people are being elected to that office at the same election. The signer must also state a residence address, including street and number if any.
## Elections Code - ELEC ## DIVISION 8. NOMINATIONS [8000 - 8903] ( Division 8 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 2. INDEPENDENT NOMINATIONS [8300 - 8550] ( Part 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 3. Nomination Papers [8400 - 8409] ( Chapter 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 8404. Each signer of a nomination paper shall sign but one paper for the same office, except that in case two or more persons are to be elected to the same office at the same election, an elector may sign the nomination papers of as many persons as there are persons to be elected to the office, and that act on the part of an elector shall not be deemed in conflict with the signer’s statement prescribed in this chapter. The signer shall state his or her place of residence, giving his or her street and number, if any. (Enacted by Stats. 1994, Ch. 920, Sec. 2.) - 8405. Verify source ↗
## Elections Code - ELEC ## DIVISION 8. NOMINATIONS [8000 - 8903] ( Division 8 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 2. INDEPENDENT NOMINATIONS [8300 - 8550] ( Part 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 3. Nomination Papers [8400 - 8409] ( Chapter 3 enacted by Stats. 1994, Ch. 920, Sec. 2. )
An independent candidate may use valid signatures from an in-lieu-filing-fee petition toward signature requirements, and the county elections official must count them on request.
## Elections Code - ELEC ## DIVISION 8. NOMINATIONS [8000 - 8903] ( Division 8 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 2. INDEPENDENT NOMINATIONS [8300 - 8550] ( Part 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 3. Nomination Papers [8400 - 8409] ( Chapter 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 8405. Notwithstanding any other provision of law to the contrary, if an independent candidate submits an in-lieu-filing-fee petition pursuant to Section 8106, the county elections official, upon the request of the candidate, shall accept all valid signatures appearing on the candidate’s in-lieu-filing-fee petition toward the number of signatures required to be submitted on an in-lieu-filing-fee petition and on a nomination paper. If the in-lieu-filing-fee petition does not contain the requisite number of signatures required under Section 8400, the candidate shall be entitled to file, within the time period allowed for filing nomination papers, a nomination paper in order to obtain the requisite number of valid signatures required to be submitted to the elections official pursuant to this chapter. (Enacted by Stats. 1994, Ch. 920, Sec. 2.) - 8406. Verify source ↗
## Elections Code - ELEC ## DIVISION 8. NOMINATIONS [8000 - 8903] ( Division 8 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 2. INDEPENDENT NOMINATIONS [8300 - 8550] ( Part 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 3. Nomination Papers [8400 - 8409] ( Chapter 3 enacted by Stats. 1994, Ch. 920, Sec. 2. )
A nomination paper may be submitted in sections, and each section must include the candidate’s name, the office sought, and the county name for which it is circulated.
## Elections Code - ELEC ## DIVISION 8. NOMINATIONS [8000 - 8903] ( Division 8 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 2. INDEPENDENT NOMINATIONS [8300 - 8550] ( Part 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 3. Nomination Papers [8400 - 8409] ( Chapter 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 8406. Any nomination paper may be presented in sections, but each section shall contain the name of the candidate and the name of the office for which the candidate is proposed for nomination. Each section shall bear the name of the county for which it is circulated. (Amended by Stats. 2019, Ch. 562, Sec. 5. (AB 1829) Effective January 1, 2020.) - 8407. Verify source ↗
## Elections Code - ELEC ## DIVISION 8. NOMINATIONS [8000 - 8903] ( Division 8 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 2. INDEPENDENT NOMINATIONS [8300 - 8550] ( Part 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 3. Nomination Papers [8400 - 8409] ( Chapter 3 enacted by Stats. 1994, Ch. 920, Sec. 2. )
An authorized officer must verify, free of charge, the affidavit of any circulator who is obtaining signatures under this chapter.
## Elections Code - ELEC ## DIVISION 8. NOMINATIONS [8000 - 8903] ( Division 8 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 2. INDEPENDENT NOMINATIONS [8300 - 8550] ( Part 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 3. Nomination Papers [8400 - 8409] ( Chapter 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 8407. The affidavit of any circulator obtaining signatures under this chapter shall be verified free of charge by any officer authorized to administer oaths. (Enacted by Stats. 1994, Ch. 920, Sec. 2.) - 8408. Verify source ↗
## Elections Code - ELEC ## DIVISION 8. NOMINATIONS [8000 - 8903] ( Division 8 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 2. INDEPENDENT NOMINATIONS [8300 - 8550] ( Part 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 3. Nomination Papers [8400 - 8409] ( Chapter 3 enacted by Stats. 1994, Ch. 920, Sec. 2. )
A verified nomination paper serves as prima facie evidence that the signatures are genuine and that the signers are voters, unless that is disproved by comparing the signatures with registration affidavits kept by the county elections official.
## Elections Code - ELEC ## DIVISION 8. NOMINATIONS [8000 - 8903] ( Division 8 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 2. INDEPENDENT NOMINATIONS [8300 - 8550] ( Part 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 3. Nomination Papers [8400 - 8409] ( Chapter 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 8408. A verified nomination paper is prima facie evidence that the signatures to it are genuine and that the persons signing it are voters unless it is otherwise proven by comparison of the signatures with the affidavits of registration in the office of the county elections official. (Enacted by Stats. 1994, Ch. 920, Sec. 2.) - 8409. Verify source ↗
## Elections Code - ELEC ## DIVISION 8. NOMINATIONS [8000 - 8903] ( Division 8 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 2. INDEPENDENT NOMINATIONS [8300 - 8550] ( Part 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 3. Nomination Papers [8400 - 8409] ( Chapter 3 enacted by Stats. 1994, Ch. 920, Sec. 2. )
Each candidate or group of candidates must submit a nomination paper in substantially the prescribed form.
## Elections Code - ELEC ## DIVISION 8. NOMINATIONS [8000 - 8903] ( Division 8 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 2. INDEPENDENT NOMINATIONS [8300 - 8550] ( Part 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 3. Nomination Papers [8400 - 8409] ( Chapter 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 8409. Each candidate or group of candidates shall submit a nomination paper that shall be substantially in the following form: County of _______.Nomination paper of ______, candidate for the office of _______. State of California County of ⎱ ⎰ ss. SIGNER’S STATEMENT I, undersigned, am a voter of the County of ______, State of California. I hereby nominate __________, who resides at No. ______, ________ Street, City of ________, County of ______, State of California, as a candidate for the office of _______ to be voted for at the election to be held on the ______ day of ______, 20___. I have not signed the nomination paper of any other candidate for the same office. Number Signature Printed Name Residence 1. 2. 3. 4. 5. etc. CIRCULATOR’S AFFIDAVIT I, ________, solemnly swear (or affirm) all of the following: 1.That I am 18 years of age or older. 2.That my residence address, including street and number, is . [If no street or number exists, a designation of my residence adequate to readily ascertain its location is .] 3.That I secured signatures in the County of ______ to the nomination paper of ________ as candidate for the office of ______; that the signatures were obtained between _______, 20__, and ________, 20__; that I saw all the signatures on this section of the nomination paper being signed and that, to the best of my information and belief, each signature is the genuine signature of the person whose name it purports to be. _____ (Signed) Circulator Subscribed and sworn to before me this ______ day of ______, 20__. (SEAL) _____ Notary Public (or other official) (Amended by Stats. 2013, Ch. 278, Sec. 16. (SB 213) Effective January 1, 2014.) - 8451. Verify source ↗
## Elections Code - ELEC ## DIVISION 8. NOMINATIONS [8000 - 8903] ( Division 8 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 2. INDEPENDENT NOMINATIONS [8300 - 8550] ( Part 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 4. Circulators [8451 - 8454] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. )
Circulators must meet the requirements of Section 102.
## Elections Code - ELEC ## DIVISION 8. NOMINATIONS [8000 - 8903] ( Division 8 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 2. INDEPENDENT NOMINATIONS [8300 - 8550] ( Part 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 4. Circulators [8451 - 8454] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 8451. Circulators shall meet the requirements of Section 102. (Amended by Stats. 2013, Ch. 278, Sec. 17. (SB 213) Effective January 1, 2014.) - 8452. Verify source ↗
## Elections Code - ELEC ## DIVISION 8. NOMINATIONS [8000 - 8903] ( Division 8 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 2. INDEPENDENT NOMINATIONS [8300 - 8550] ( Part 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 4. Circulators [8451 - 8454] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. )
County elections officials, deputy county elections officials, and circulators are restricted from circulating nomination papers or gathering signatures in the specified place and distance limits.
## Elections Code - ELEC ## DIVISION 8. NOMINATIONS [8000 - 8903] ( Division 8 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 2. INDEPENDENT NOMINATIONS [8300 - 8550] ( Part 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 4. Circulators [8451 - 8454] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 8452. A county elections official or a deputy county elections official may not circulate nomination papers, and circulators shall not obtain signatures within 100 feet of any election booth or polling place. This section does not prohibit a county elections official or a deputy county elections official from circulating his or her own nomination papers. (Amended by Stats. 2002, Ch. 228, Sec. 1. Effective January 1, 2003.) - 8454. Verify source ↗
## Elections Code - ELEC ## DIVISION 8. NOMINATIONS [8000 - 8903] ( Division 8 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 2. INDEPENDENT NOMINATIONS [8300 - 8550] ( Part 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 4. Circulators [8451 - 8454] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. )
Circulators may collect nomination-paper signatures only within the stated election-day windows: 148 to 88 days before the election for candidates generally, and 193 to 88 days before the election for candidates for presidential elector.
## Elections Code - ELEC ## DIVISION 8. NOMINATIONS [8000 - 8903] ( Division 8 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 2. INDEPENDENT NOMINATIONS [8300 - 8550] ( Part 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 4. Circulators [8451 - 8454] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 8454. (a) Circulators obtaining signatures to the nomination paper of any candidate may, at any time not more than 148 nor less than 88 days prior to the election, obtain signatures to the nomination paper of the candidate. (b) Circulators obtaining signatures to the nomination paper of any candidate for presidential elector may, at any time not more than 193 nor less than 88 days prior to the election, obtain signatures to the nomination paper of the candidate. (Amended by Stats. 1999, Ch. 790, Sec. 40. Effective January 1, 2000.) - 8500. Verify source ↗
## Elections Code - ELEC ## DIVISION 8. NOMINATIONS [8000 - 8903] ( Division 8 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 2. INDEPENDENT NOMINATIONS [8300 - 8550] ( Part 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 5. Arrangement and Examination of Nomination Papers [8500 - 8504] ( Chapter 5 enacted by Stats. 1994, Ch. 920, Sec. 2. )
After verification, each nomination-paper section must be returned to the candidate by the circulator, and the candidate must collect all sections and arrange them for filing and examination.
## Elections Code - ELEC ## DIVISION 8. NOMINATIONS [8000 - 8903] ( Division 8 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 2. INDEPENDENT NOMINATIONS [8300 - 8550] ( Part 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 5. Arrangement and Examination of Nomination Papers [8500 - 8504] ( Chapter 5 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 8500. Each section of a nomination paper, after being verified, shall be returned by the circulator who circulated it to the candidate. All the sections circulated in any area shall be collected by the candidate and shall be arranged for filing and examination. (Amended by Stats. 1999, Ch. 790, Sec. 41. Effective January 1, 2000.) - 8501. Verify source ↗
## Elections Code - ELEC ## DIVISION 8. NOMINATIONS [8000 - 8903] ( Division 8 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 2. INDEPENDENT NOMINATIONS [8300 - 8550] ( Part 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 5. Arrangement and Examination of Nomination Papers [8500 - 8504] ( Chapter 5 enacted by Stats. 1994, Ch. 920, Sec. 2. )
For candidate nominations voted on in more than one county or statewide, properly assembled nomination papers may be fastened together by county, but papers signed by voters from different counties must not be fastened together.
## Elections Code - ELEC ## DIVISION 8. NOMINATIONS [8000 - 8903] ( Division 8 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 2. INDEPENDENT NOMINATIONS [8300 - 8550] ( Part 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 5. Arrangement and Examination of Nomination Papers [8500 - 8504] ( Chapter 5 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 8501. For all nominations of candidates to be voted for in more than one county or throughout the state, the nomination papers, properly assembled, may be fastened together by counties, but in no case shall nomination papers signed by voters of different counties be fastened together. (Enacted by Stats. 1994, Ch. 920, Sec. 2.) - 8502. Verify source ↗
## Elections Code - ELEC ## DIVISION 8. NOMINATIONS [8000 - 8903] ( Division 8 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 2. INDEPENDENT NOMINATIONS [8300 - 8550] ( Part 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 5. Arrangement and Examination of Nomination Papers [8500 - 8504] ( Chapter 5 enacted by Stats. 1994, Ch. 920, Sec. 2. )
Nomination papers must be left with the county elections official for examination and filing within the time limits set by Section 8403.
## Elections Code - ELEC ## DIVISION 8. NOMINATIONS [8000 - 8903] ( Division 8 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 2. INDEPENDENT NOMINATIONS [8300 - 8550] ( Part 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 5. Arrangement and Examination of Nomination Papers [8500 - 8504] ( Chapter 5 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 8502. Nomination papers shall be left with the county elections official for examination and filed by him or her pursuant to the time limitations set forth in Section 8403. (Enacted by Stats. 1994, Ch. 920, Sec. 2.) - 8503. Verify source ↗
## Elections Code - ELEC ## DIVISION 8. NOMINATIONS [8000 - 8903] ( Division 8 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 2. INDEPENDENT NOMINATIONS [8300 - 8550] ( Part 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 5. Arrangement and Examination of Nomination Papers [8500 - 8504] ( Chapter 5 enacted by Stats. 1994, Ch. 920, Sec. 2. )
The county elections official must examine nomination papers and mark any disqualified name as “not sufficient.”
## Elections Code - ELEC ## DIVISION 8. NOMINATIONS [8000 - 8903] ( Division 8 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 2. INDEPENDENT NOMINATIONS [8300 - 8550] ( Part 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 5. Arrangement and Examination of Nomination Papers [8500 - 8504] ( Chapter 5 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 8503. The county elections official shall examine all nomination papers left with him or her for filing or for examination and shall disregard and mark “not sufficient” any name appearing on them which does not appear in the same handwriting on an affidavit of registration in his or her office made on or before the date when the name was signed. (Enacted by Stats. 1994, Ch. 920, Sec. 2.) - 8504. Verify source ↗
## Elections Code - ELEC ## DIVISION 8. NOMINATIONS [8000 - 8903] ( Division 8 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 2. INDEPENDENT NOMINATIONS [8300 - 8550] ( Part 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 5. Arrangement and Examination of Nomination Papers [8500 - 8504] ( Chapter 5 enacted by Stats. 1994, Ch. 920, Sec. 2. )
The county elections official must examine nomination papers within 24 days after they are left for examination, prepare a certificate about the examination, and immediately send it to the Secretary of State for offices certified by that office.
## Elections Code - ELEC ## DIVISION 8. NOMINATIONS [8000 - 8903] ( Division 8 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 2. INDEPENDENT NOMINATIONS [8300 - 8550] ( Part 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 5. Arrangement and Examination of Nomination Papers [8500 - 8504] ( Chapter 5 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 8504. Within 24 days after any nomination papers are left for examination, the county elections official shall examine them and prepare a certificate reciting that he or she has examined them, and stating the number of names which have not been marked “not sufficient.” The certificate shall be forwarded immediately to the Secretary of State for those offices that are certified by the Secretary of State. (Enacted by Stats. 1994, Ch. 920, Sec. 2.) - 8550. Verify source ↗
## Elections Code - ELEC ## DIVISION 8. NOMINATIONS [8000 - 8903] ( Division 8 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 2. INDEPENDENT NOMINATIONS [8300 - 8550] ( Part 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 6. Affidavit of Candidate [8550- 8550.] ( Chapter 6 enacted by Stats. 1994, Ch. 920, Sec. 2. )
Candidates must file a declaration of candidacy at least 88 days before the election, and the declaration must include specified information.
## Elections Code - ELEC ## DIVISION 8. NOMINATIONS [8000 - 8903] ( Division 8 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 2. INDEPENDENT NOMINATIONS [8300 - 8550] ( Part 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 6. Affidavit of Candidate [8550- 8550.] ( Chapter 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 8550. (a) At least 88 days prior to the election, each candidate shall leave with the officer with whom the candidate’s nomination papers are required to be left, a declaration of candidacy which states all of the following: (1) The candidate’s residence, with street and number, if any. (2) That the candidate is a voter in the precinct in which the candidate resides. (3) The name of the office sought by the candidate. (4) That the candidate will not withdraw as a candidate before the election. (5) That, if elected, the candidate will qualify for the office. (b) A declaration of candidacy described in subdivision (a) for the office of presidential elector shall be accompanied by a declaration of an individual who will serve as an alternate elector if the elector vacates the elector’s office. The accompanying declaration shall state that the individual is an alternate to the candidate for the office of presidential elector and shall contain the information described in paragraphs (1), (2), (4), and (5) of subdivision (a). (c) The name of a candidate shall not be placed on the ballot unless the declaration of candidacy provided for in this section has been properly filed. (Amended by Stats. 2022, Ch. 216, Sec. 13. (SB 103) Effective January 1, 2023.) - 8600. Verify source ↗
## Elections Code - ELEC ## DIVISION 8. NOMINATIONS [8000 - 8903] ( Division 8 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 3. WRITE-IN CANDIDATES [8600 - 8700] ( Part 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. General [8600 - 8606] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. )
A person who wants to be a write-in candidate must file a write-in candidacy statement and any required nomination signatures; write-in candidacy is barred at a general election for a voter-nominated office.
## Elections Code - ELEC ## DIVISION 8. NOMINATIONS [8000 - 8903] ( Division 8 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 3. WRITE-IN CANDIDATES [8600 - 8700] ( Part 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. General [8600 - 8606] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 8600. (a) Every person who desires to be a write-in candidate and have their name as written on the ballot of an election counted for a particular office shall file both of the following: (1) A statement of write-in candidacy that contains the following information: (A) Candidate’s name. (B) Residence address. (C) A declaration stating that they are a write-in candidate. (D) The title of the office for which they are running. (E) The party nomination which they seek, if running in a partisan primary election. (F) The date of the election. (G) A certification of the candidate’s complete voter registration and party affiliation/preference history for the preceding 10 years, or for as long as they have been eligible to vote in the state if less than 10 years, if running for a voter-nominated office. (H) For any of the offices described in Section 13.5, a statement that the candidate meets the statutory and constitutional requirements for that office as described in that section. (2) The requisite number of signatures on the nomination papers, if any, required pursuant to Sections 8062, 10220, and 10510, or, in the case of a special district not subject to the Uniform District Election Law (Part 4 (commencing with Section 10500) of Division 10), the number of signatures required by the principal act of the district. (b) Notwithstanding any other provision of law, a person may not be a write-in candidate at the general election for a voter-nominated office. (c) A write-in candidate shall have their residence address, telephone number, and email address appearing on the affidavit of registration made confidential in accordance with the terms and conditions of Section 2166.9. If a candidate does not state the candidate’s residence address on the statement of write-in candidacy, the elections official shall verify whether the candidate’s address is within the appropriate political subdivision and add the notation “verified” where appropriate on the declaration. (Amended by Stats. 2025, Ch. 300, Sec. 5. (AB 1392) Effective January 1, 2026.) - 8601. Verify source ↗
## Elections Code - ELEC ## DIVISION 8. NOMINATIONS [8000 - 8903] ( Division 8 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 3. WRITE-IN CANDIDATES [8600 - 8700] ( Part 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. General [8600 - 8606] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. )
For write-in candidates, the statement and nomination papers must be available 57 days before the election and delivered to the elections official by the 14th day before the election.
## Elections Code - ELEC ## DIVISION 8. NOMINATIONS [8000 - 8903] ( Division 8 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 3. WRITE-IN CANDIDATES [8600 - 8700] ( Part 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. General [8600 - 8606] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 8601. The statement and nomination papers shall be available on the 57th day prior to the election for which the candidate is filing as a write-in candidate, and shall be delivered to the elections official responsible for the conduct of the election no later than the 14th day prior to the election. (Enacted by Stats. 1994, Ch. 920, Sec. 2.) - 8602. Verify source ↗
## Elections Code - ELEC ## DIVISION 8. NOMINATIONS [8000 - 8903] ( Division 8 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 3. WRITE-IN CANDIDATES [8600 - 8700] ( Part 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. General [8600 - 8606] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. )
Write-in candidate nomination papers must be substantially in the same form as Section 8041.
## Elections Code - ELEC ## DIVISION 8. NOMINATIONS [8000 - 8903] ( Division 8 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 3. WRITE-IN CANDIDATES [8600 - 8700] ( Part 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. General [8600 - 8606] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 8602. The nomination papers for a write-in candidate shall be substantially in the same form as set forth in Section 8041. (Amended by Stats. 1999, Ch. 790, Sec. 42. Effective January 1, 2000.) - 8603. Verify source ↗
## Elections Code - ELEC ## DIVISION 8. NOMINATIONS [8000 - 8903] ( Division 8 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 3. WRITE-IN CANDIDATES [8600 - 8700] ( Part 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. General [8600 - 8606] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. )
People who sign nomination papers for a write-in candidate must be voters in the relevant district or political subdivision, and if the candidate seeks a party nomination, the signers must also belong to that party.
## Elections Code - ELEC ## DIVISION 8. NOMINATIONS [8000 - 8903] ( Division 8 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 3. WRITE-IN CANDIDATES [8600 - 8700] ( Part 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. General [8600 - 8606] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 8603. Signers of nomination papers for write-in candidates shall be voters in the district or political subdivision in which the candidate is to be voted on. In addition, if the candidate is seeking a party nomination for an office, the signers shall also be affiliated with the party whose nomination is sought. (Enacted by Stats. 1994, Ch. 920, Sec. 2.) - 8604. Verify source ↗
## Elections Code - ELEC ## DIVISION 8. NOMINATIONS [8000 - 8903] ( Division 8 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 3. WRITE-IN CANDIDATES [8600 - 8700] ( Part 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. General [8600 - 8606] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. )
Write-in candidates generally cannot be charged a fee or charge, except for city office candidates as provided in Section 10228.
## Elections Code - ELEC ## DIVISION 8. NOMINATIONS [8000 - 8903] ( Division 8 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 3. WRITE-IN CANDIDATES [8600 - 8700] ( Part 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. General [8600 - 8606] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 8604. No fee or charge shall be required of a write-in candidate except in the case of a candidate for city office, as provided in Section 10228. (Enacted by Stats. 1994, Ch. 920, Sec. 2.) - 8605. Verify source ↗
## Elections Code - ELEC ## DIVISION 8. NOMINATIONS [8000 - 8903] ( Division 8 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 3. WRITE-IN CANDIDATES [8600 - 8700] ( Part 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. General [8600 - 8606] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. )
A write-in candidate at a direct primary generally cannot be placed on the ballot for the next general election unless one of the stated exceptions applies.
## Elections Code - ELEC ## DIVISION 8. NOMINATIONS [8000 - 8903] ( Division 8 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 3. WRITE-IN CANDIDATES [8600 - 8700] ( Part 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. General [8600 - 8606] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 8605. No person whose name has been written in upon a ballot for an office at the direct primary may have his or her name placed upon the ballot as a candidate for that office for the ensuing general election unless one of the following is applicable: (a) At that direct primary he or she received for a partisan office votes equal in number to 1 percent of all votes cast for the office at the last preceding general election at which the office was filled. In the case of an office that has not appeared on the ballot since its creation, the requisite number of votes shall equal 1 percent of the number of all votes cast for the office that had the least number of votes in the most recent general election in the jurisdiction in which the write-in candidate is seeking office. (b) He or she is an independent nominee for a partisan office pursuant to Part 2 (commencing with Section 8300). (c) At that direct primary he or she received for a voter-nominated office the highest number of votes cast for that office or the second highest number of votes cast for that office, except as provided by subdivision (b) of Section 8142 or Section 8807. (Amended by Stats. 2009, Ch. 1, Sec. 34. (SB 6) Effective January 1, 2010. Operative January 1, 2011, pursuant to Sec. 67 of Ch. 1.) - 8606. Verify source ↗
## Elections Code - ELEC ## DIVISION 8. NOMINATIONS [8000 - 8903] ( Division 8 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 3. WRITE-IN CANDIDATES [8600 - 8700] ( Part 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. General [8600 - 8606] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. )
A person may not be a write-in candidate in a general election for a voter-nominated office.
## Elections Code - ELEC ## DIVISION 8. NOMINATIONS [8000 - 8903] ( Division 8 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 3. WRITE-IN CANDIDATES [8600 - 8700] ( Part 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. General [8600 - 8606] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 8606. Notwithstanding any other provision of law, a person may not be a write-in candidate at the general election for a voter-nominated office. (Amended by Stats. 2012, Ch. 3, Sec. 26. (AB 1413) Effective February 10, 2012.) - 8650. Verify source ↗
## Elections Code - ELEC ## DIVISION 8. NOMINATIONS [8000 - 8903] ( Division 8 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 3. WRITE-IN CANDIDATES [8600 - 8700] ( Part 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. Presidential Electors [8650 - 8653] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. )
Groups that want to be write-in candidates for presidential electors must file a declaration of write-in candidacy.
## Elections Code - ELEC ## DIVISION 8. NOMINATIONS [8000 - 8903] ( Division 8 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 3. WRITE-IN CANDIDATES [8600 - 8700] ( Part 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. Presidential Electors [8650 - 8653] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 8650. Any group of individuals, equal in number to the number of presidential electors to which this state is entitled, who desire to be write-in candidates for presidential electors pledged to a particular candidate for President and Vice President of the United States shall file a declaration of write-in candidacy. (Enacted by Stats. 1994, Ch. 920, Sec. 2.) - 8651. Verify source ↗
## Elections Code - ELEC ## DIVISION 8. NOMINATIONS [8000 - 8903] ( Division 8 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 3. WRITE-IN CANDIDATES [8600 - 8700] ( Part 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. Presidential Electors [8650 - 8653] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. )
A write-in candidacy declaration for presidential elector must include specified identifying and election information, and it must be accompanied by an alternate elector’s declaration.
## Elections Code - ELEC ## DIVISION 8. NOMINATIONS [8000 - 8903] ( Division 8 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 3. WRITE-IN CANDIDATES [8600 - 8700] ( Part 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. Presidential Electors [8650 - 8653] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 8651. (a) The declaration of write-in candidacy for presidential elector shall contain the following information: (1) Candidate’s name. (2) Residence address. (3) A declaration stating that the candidate is a write-in candidate for the office of presidential elector. (4) Oath or affirmation as set forth in Section 3 of Article XX of the California Constitution. (5) The date of the general election. (6) The names of the candidates for President and Vice President of the United States for which the group of presidential electors are pledged. (b) The declaration of write-in candidacy described in subdivision (a) shall be accompanied by a declaration of an individual who will serve as an alternate elector if the elector vacates the elector’s office. The accompanying declaration shall state that the individual is an alternate to the write-in candidate for the office of presidential elector and shall contain the information described in paragraphs (1), (2), (4), (5), and (6) of subdivision (a). (Amended by Stats. 2022, Ch. 216, Sec. 14. (SB 103) Effective January 1, 2023.) - 8652. Verify source ↗
## Elections Code - ELEC ## DIVISION 8. NOMINATIONS [8000 - 8903] ( Division 8 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 3. WRITE-IN CANDIDATES [8600 - 8700] ( Part 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. Presidential Electors [8650 - 8653] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. )
A write-in candidacy declaration must be filed with the Secretary of State no later than 14 days before the general election.
## Elections Code - ELEC ## DIVISION 8. NOMINATIONS [8000 - 8903] ( Division 8 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 3. WRITE-IN CANDIDATES [8600 - 8700] ( Part 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. Presidential Electors [8650 - 8653] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 8652. The declaration of write-in candidacy shall be filed with the Secretary of State no later than the 14th day prior to the general election. (Enacted by Stats. 1994, Ch. 920, Sec. 2.) - 8653. Verify source ↗
## Elections Code - ELEC ## DIVISION 8. NOMINATIONS [8000 - 8903] ( Division 8 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 3. WRITE-IN CANDIDATES [8600 - 8700] ( Part 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. Presidential Electors [8650 - 8653] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. )
Only write-in names meeting the stated ballot and filing conditions are counted as votes.
## Elections Code - ELEC ## DIVISION 8. NOMINATIONS [8000 - 8903] ( Division 8 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 3. WRITE-IN CANDIDATES [8600 - 8700] ( Part 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. Presidential Electors [8650 - 8653] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 8653. Only those names written on the ballot at the general election for the office of President and Vice President of the United States for which a group of presidential electors are pledged on the declaration of write-in candidacy filed pursuant to Section 8650 shall be counted as votes. (Enacted by Stats. 1994, Ch. 920, Sec. 2.) - 8700. Verify source ↗
## Elections Code - ELEC ## DIVISION 8. NOMINATIONS [8000 - 8903] ( Division 8 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 3. WRITE-IN CANDIDATES [8600 - 8700] ( Part 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 3. Term Limits [8700- 8700.] ( Chapter 3 enacted by Stats. 1994, Ch. 920, Sec. 2. )
Certain long-serving California members running for U.S. House or Senate cannot have their nomination signatures accepted, be certified, or have their names printed on ballots by election officials.
## Elections Code - ELEC ## DIVISION 8. NOMINATIONS [8000 - 8903] ( Division 8 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 3. WRITE-IN CANDIDATES [8600 - 8700] ( Part 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 3. Term Limits [8700- 8700.] ( Chapter 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 8700. (a) FEDERAL LEGISLATIVE CANDIDATES; BALLOT ACCESS. Notwithstanding any other provision of law, the Secretary of State, or other elections official authorized by law, shall not accept or verify the signatures on any nomination paper for any person, nor shall he or she certify or place on the list of certified candidates, nor print or cause to be printed on any ballot, ballot pamphlet, sample ballot, or ballot label the name of any person, who does either of the following: (1) Seeks to become a candidate for a seat in the United States House of Representatives, and who, by the end of the then current term of office will have served, or but for resignation would have served, as a member of the United States House of Representatives representing any portion or district of the State of California during six or more of the previous eleven years; (2) Seeks to become a candidate for a seat in the United States Senate, and who, by the end of the then current term of office will have served, or but for resignation would have served, as a member of the United States Senate representing the State of California during twelve or more of the previous seventeen years. (b) “WRITE-IN” CANDIDACIES. Nothing in this section shall be construed as preventing or prohibiting any qualified voter of this state from casting a ballot for any person by writing the name of that person on the ballot, or from having such a ballot counted or tabulated, nor shall any provision of this section be construed as preventing or prohibiting any person from standing or campaigning for any elective office by means of a “write-in” campaign. (c) CONSTRUCTION. Nothing in this section shall be construed as preventing or prohibiting the name of any person from appearing on the ballot at any direct primary or general election unless that person is specifically prohibited from doing so by the provisions of subdivision (a), and to that end, the provisions of subdivision (a) shall be strictly construed. (Enacted by Stats. 1994, Ch. 920, Sec. 2. Note: This section is the reenactment of Section 25003 as added on Nov. 3, 1992, by initiative Prop. 164 (The California Term Limitations Act of 1992).) - 8800. Verify source ↗
## Elections Code - ELEC ## DIVISION 8. NOMINATIONS [8000 - 8903] ( Division 8 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 4. WITHDRAWAL OF CANDIDATES: VACANCIES [8800 - 8811] ( Part 4 enacted by Stats. 1994, Ch. 920, Sec. 2. )
A candidate who has filed a declaration of candidacy for a primary election generally cannot withdraw from that election, except as provided in Section 8020.5.
## Elections Code - ELEC ## DIVISION 8. NOMINATIONS [8000 - 8903] ( Division 8 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 4. WITHDRAWAL OF CANDIDATES: VACANCIES [8800 - 8811] ( Part 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 8800. Except as provided in Section 8020.5, a candidate whose declaration of candidacy has been filed for any primary election shall not withdraw as a candidate at that primary election. (Amended by Stats. 2024, Ch. 355, Sec. 8. (AB 1784) Effective January 1, 2025.) - 8801. Verify source ↗
## Elections Code - ELEC ## DIVISION 8. NOMINATIONS [8000 - 8903] ( Division 8 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 4. WITHDRAWAL OF CANDIDATES: VACANCIES [8800 - 8811] ( Part 4 enacted by Stats. 1994, Ch. 920, Sec. 2. )
A candidate nominated in a primary election generally may not withdraw as a candidate in the ensuing general election, unless this part permits the withdrawal.
## Elections Code - ELEC ## DIVISION 8. NOMINATIONS [8000 - 8903] ( Division 8 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 4. WITHDRAWAL OF CANDIDATES: VACANCIES [8800 - 8811] ( Part 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 8801. No candidate nominated at any primary election may withdraw as a candidate at the ensuing general election except those candidates permitted to withdraw by this part. (Enacted by Stats. 1994, Ch. 920, Sec. 2.) - 8803. Verify source ↗
## Elections Code - ELEC ## DIVISION 8. NOMINATIONS [8000 - 8903] ( Division 8 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 4. WITHDRAWAL OF CANDIDATES: VACANCIES [8800 - 8811] ( Part 4 enacted by Stats. 1994, Ch. 920, Sec. 2. )
Sets when ballot vacancies may be filled for certain general-election offices, and requires a deceased entitled candidate’s name to remain on the ballot with votes counted.
## Elections Code - ELEC ## DIVISION 8. NOMINATIONS [8000 - 8903] ( Division 8 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 4. WITHDRAWAL OF CANDIDATES: VACANCIES [8800 - 8811] ( Part 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 8803. (a) No vacancy on the ballot for a nonpartisan office at a general election shall be filled except if the candidate dies and that fact has been ascertained by the officer charged with the duty of printing the ballots at least 68 days before the date of the next ensuing general election. (b) No vacancy on the ballot for a voter-nominated office at a general election shall be filled. If a candidate who is entitled to appear on the general election ballot dies, the name of that candidate shall appear on the general election ballot and any votes cast for that candidate shall be counted in determining the results of the election for that office. If the deceased candidate receives a majority of the votes cast for the office, he or she shall be considered elected to that office and the office shall be considered vacant at the beginning of the term for which the candidate was elected. The vacancy shall be filled in the same manner as if the candidate had died after taking office for that term. (Amended by Stats. 2012, Ch. 3, Sec. 27. (AB 1413) Effective February 10, 2012.) - 8804. Verify source ↗
## Elections Code - ELEC ## DIVISION 8. NOMINATIONS [8000 - 8903] ( Division 8 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 4. WITHDRAWAL OF CANDIDATES: VACANCIES [8800 - 8811] ( Part 4 enacted by Stats. 1994, Ch. 920, Sec. 2. )
Certain eligible superior court judge candidates may ask the county elections official to remove their name from the next general election ballot, and the official must do so if the request arrives at least 68 days before that election.
## Elections Code - ELEC ## DIVISION 8. NOMINATIONS [8000 - 8903] ( Division 8 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 4. WITHDRAWAL OF CANDIDATES: VACANCIES [8800 - 8811] ( Part 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 8804. Notwithstanding Sections 8803 and 8810, any candidate who has been nominated at any primary election for superior court judge in which election there were at least two other candidates and who, after the date prescribed for the filing of declaration of candidacy pursuant to Article 2 (commencing with Section 8020) of Chapter 1 of Part 1, has been appointed to any federal or state office, may request the county elections official to have his or her name removed from the ballot of the next ensuing general election. If the request is received by the county elections official at least 68 days before the next ensuing general election, the county elections official shall remove the candidate’s name from the ballot. If a candidate’s name is removed from the ballot pursuant to this section, the two remaining candidates who received the highest number of votes cast on all the ballots of all the voters participating in the primary election for nomination for that office of superior court judge shall be the candidates for that office at the ensuing general election, and their names as candidates for that office shall be placed on the official ballot at the ensuing election. (Enacted by Stats. 1994, Ch. 920, Sec. 2.) - 8805. Verify source ↗
## Elections Code - ELEC ## DIVISION 8. NOMINATIONS [8000 - 8903] ( Division 8 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 4. WITHDRAWAL OF CANDIDATES: VACANCIES [8800 - 8811] ( Part 4 enacted by Stats. 1994, Ch. 920, Sec. 2. )
This section says what happens if a primary-election candidate dies before election day and still receives enough votes to have been nominated.
## Elections Code - ELEC ## DIVISION 8. NOMINATIONS [8000 - 8903] ( Division 8 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 4. WITHDRAWAL OF CANDIDATES: VACANCIES [8800 - 8811] ( Part 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 8805. (a) Whenever a candidate for nomination for a nonpartisan office at a primary election dies on or before the day of the election, and a sufficient number of ballots are marked as being voted for him or her to entitle him or her to nomination if he or she had lived until after the election, a vacancy exists on the general election ballot, which shall be filled in the manner provided in Section 8807 for filling a vacancy caused by the death of a candidate. (b) Whenever a candidate for nomination for a voter-nominated office at a primary election dies on or before the day of the election, and a sufficient number of ballots are marked as being voted for him or her to entitle him or her to nomination if he or she had lived until after the election, the name of the deceased candidate shall appear on the general election ballot and the general election shall proceed in accordance with subdivision (b) of Section 8803. (Amended by Stats. 2012, Ch. 3, Sec. 28. (AB 1413) Effective February 10, 2012.) - 8807. Verify source ↗
## Elections Code - ELEC ## DIVISION 8. NOMINATIONS [8000 - 8903] ( Division 8 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 4. WITHDRAWAL OF CANDIDATES: VACANCIES [8800 - 8811] ( Part 4 enacted by Stats. 1994, Ch. 920, Sec. 2. )
If a vacancy arises among direct-primary candidates for a nonpartisan office, the candidate with the next highest number of votes at the primary must appear on the ballot to fill the vacancy.
## Elections Code - ELEC ## DIVISION 8. NOMINATIONS [8000 - 8903] ( Division 8 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 4. WITHDRAWAL OF CANDIDATES: VACANCIES [8800 - 8811] ( Part 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 8807. If the vacancy occurs among candidates chosen at the direct primary to go on the ballot for the succeeding general election for a nonpartisan office, the name of that candidate receiving at the primary election the next highest number of votes shall appear on the ballot to fill the vacancy. (Amended by Stats. 2012, Ch. 3, Sec. 29. (AB 1413) Effective February 10, 2012.) - 8808. Verify source ↗
## Elections Code - ELEC ## DIVISION 8. NOMINATIONS [8000 - 8903] ( Division 8 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 4. WITHDRAWAL OF CANDIDATES: VACANCIES [8800 - 8811] ( Part 4 enacted by Stats. 1994, Ch. 920, Sec. 2. )
If a candidate dies and a vacancy may be filled, the person selected to fill it must be certified to the ballot-printing officer 68 days before the election.
## Elections Code - ELEC ## DIVISION 8. NOMINATIONS [8000 - 8903] ( Division 8 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 4. WITHDRAWAL OF CANDIDATES: VACANCIES [8800 - 8811] ( Part 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 8808. A vacancy authorized to be filled because of the death of a candidate shall be filled, and the name of the person named to fill the vacancy shall be certified to the officer charged with the duty of printing the ballots, 68 days before the day of election. (Enacted by Stats. 1994, Ch. 920, Sec. 2.) - 8809. Verify source ↗
## Elections Code - ELEC ## DIVISION 8. NOMINATIONS [8000 - 8903] ( Division 8 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 4. WITHDRAWAL OF CANDIDATES: VACANCIES [8800 - 8811] ( Part 4 enacted by Stats. 1994, Ch. 920, Sec. 2. )
A primary-election candidate who has declared and has not withdrawn must have the candidate’s name printed on the ballot, unless the candidate has died and that death was ascertained by the ballot-printing officer at least 68 days before election day.
## Elections Code - ELEC ## DIVISION 8. NOMINATIONS [8000 - 8903] ( Division 8 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 4. WITHDRAWAL OF CANDIDATES: VACANCIES [8800 - 8811] ( Part 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 8809. Whenever a candidate has declared a candidacy for a primary election and has not withdrawn pursuant to Section 8020.5, the candidate’s name shall be printed upon the ballot for the primary election, unless the candidate has died, and that fact has been ascertained by the officer charged with the duty of printing the ballots, at least 68 days before the day of the election. (Amended by Stats. 2024, Ch. 355, Sec. 9. (AB 1784) Effective January 1, 2025.) - 8810. Verify source ↗
## Elections Code - ELEC ## DIVISION 8. NOMINATIONS [8000 - 8903] ( Division 8 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 4. WITHDRAWAL OF CANDIDATES: VACANCIES [8800 - 8811] ( Part 4 enacted by Stats. 1994, Ch. 920, Sec. 2. )
A candidate nominated at a primary after filing a declaration of candidacy must have the candidate’s name printed on the general-election ballot, unless the candidate died and that death was confirmed by the ballot-printing officer at least 68 days before election day.
## Elections Code - ELEC ## DIVISION 8. NOMINATIONS [8000 - 8903] ( Division 8 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 4. WITHDRAWAL OF CANDIDATES: VACANCIES [8800 - 8811] ( Part 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 8810. Whenever a candidate has been nominated at any primary election after having filed a declaration of candidacy, the name of the candidate shall be printed upon the ballot for the ensuing general election unless the candidate has died and that fact has been ascertained by the officer charged with the duty of printing the ballots, at least 68 days before the day of election. (Enacted by Stats. 1994, Ch. 920, Sec. 2.) - 8811. Verify source ↗
## Elections Code - ELEC ## DIVISION 8. NOMINATIONS [8000 - 8903] ( Division 8 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 4. WITHDRAWAL OF CANDIDATES: VACANCIES [8800 - 8811] ( Part 4 enacted by Stats. 1994, Ch. 920, Sec. 2. )
If a candidate dies and a party committee fills the vacancy, a certificate must be filed with the filing officer and, after the filing fee is paid, the officer must accept and process it like an original declaration certificate.
## Elections Code - ELEC ## DIVISION 8. NOMINATIONS [8000 - 8903] ( Division 8 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 4. WITHDRAWAL OF CANDIDATES: VACANCIES [8800 - 8811] ( Part 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 8811. Whenever, upon the death of any candidate, the vacancy created is filled by a party committee, a certificate to that effect shall be filed with the officer with whom a declaration of candidacy for that office may be filed, and, upon payment of the filing fee applicable to the office, shall be accepted and acted upon by that officer as in the case of an original declaration certificate. (Enacted by Stats. 1994, Ch. 920, Sec. 2.) - 8900. Verify source ↗
## Elections Code - ELEC ## DIVISION 8. NOMINATIONS [8000 - 8903] ( Division 8 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 5. INCOME TAX RETURN DISCLOSURE REQUIREMENTS [8900 - 8903] ( Part 5 added by Stats. 2019, Ch. 121, Sec. 2. )
The Legislature states that tax returns of candidates for Governor provide voters important information, and that disclosure helps voters make informed choices and supports enforcement against corruption and related violations.
## Elections Code - ELEC ## DIVISION 8. NOMINATIONS [8000 - 8903] ( Division 8 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 5. INCOME TAX RETURN DISCLOSURE REQUIREMENTS [8900 - 8903] ( Part 5 added by Stats. 2019, Ch. 121, Sec. 2. ) ## 8900. The Legislature finds and declares that the State of California has a strong interest in ensuring that its voters make informed, educated choices in the voting booth. To this end, the state has mandated that extensive amounts of information be provided to voters, including county and state voter information guides. The Legislature also finds and declares that the income tax returns of candidates for Governor provide voters with essential information regarding the candidate’s potential conflicts of interest, business dealings, financial status, and charitable donations. The information in tax returns therefore helps voters to make a more informed decision. The Legislature further finds and declares that as one of the largest centers of economic activity in the world, the State of California has a special interest in state elected officials refraining from corrupt or self-enriching behaviors while in office. The people of California can better estimate the risks of any given candidate for Governor engaging in corruption or the appearance of corruption if they have access to candidates’ tax returns. Finally, the State of California has an interest in ensuring that any violations of statutory prohibitions on behavior such as insider trading are detected and punished. Mandated disclosure of the tax returns of candidates for Governor will enable enforcement of the laws against whichever candidates are elected to those offices. The Legislature finds and declares that compliance costs with this requirement will be trivial. (Added by Stats. 2019, Ch. 121, Sec. 2. (SB 27) Effective July 30, 2019.) - 8901. Verify source ↗
## Elections Code - ELEC ## DIVISION 8. NOMINATIONS [8000 - 8903] ( Division 8 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 5. INCOME TAX RETURN DISCLOSURE REQUIREMENTS [8900 - 8903] ( Part 5 added by Stats. 2019, Ch. 121, Sec. 2. )
This section defines “income tax return” for this part and excludes IRS transcripts and accountant notes.
## Elections Code - ELEC ## DIVISION 8. NOMINATIONS [8000 - 8903] ( Division 8 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 5. INCOME TAX RETURN DISCLOSURE REQUIREMENTS [8900 - 8903] ( Part 5 added by Stats. 2019, Ch. 121, Sec. 2. ) ## 8901. For the purposes of this part, “income tax return” means any tax or information return, declaration of estimated tax, or claim for refund required by, or provided for or permitted under, the provisions of the Internal Revenue Code, and that is filed on behalf of, or with respect to, any person, and any amendment or supplement thereto, including supporting schedules, attachments, or lists that are supplemental to, or part of, the return so filed. For the purposes of this part, an “income tax return” does not include transcripts from the Internal Revenue Service nor accountant notes. (Amended by Stats. 2023, Ch. 880, Sec. 1. (SB 658) Effective January 1, 2024.) - 8902. Verify source ↗
## Elections Code - ELEC ## DIVISION 8. NOMINATIONS [8000 - 8903] ( Division 8 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 5. INCOME TAX RETURN DISCLOSURE REQUIREMENTS [8900 - 8903] ( Part 5 added by Stats. 2019, Ch. 121, Sec. 2. )
A candidate for Governor must file specified income tax return copies with the Secretary of State before the candidate’s name can be printed on the ballot.
## Elections Code - ELEC ## DIVISION 8. NOMINATIONS [8000 - 8903] ( Division 8 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 5. INCOME TAX RETURN DISCLOSURE REQUIREMENTS [8900 - 8903] ( Part 5 added by Stats. 2019, Ch. 121, Sec. 2. ) ## 8902. (a) Notwithstanding any other law, the name of a candidate for Governor shall not be printed on a ballot, unless the candidate, at least 88 days before the election or, in the case of a recall election, at least 60 days before the recall election, files with the Secretary of State copies of every income tax return the candidate filed with the Internal Revenue Service in the five most recent taxable years, in accordance with the procedure set forth in Section 8903. (b) If the candidate has not filed the candidate’s income tax return with the Internal Revenue Service for the tax year immediately preceding the election, the candidate shall submit a copy of the income tax return to the Secretary of State within five days of filing the return with the Internal Revenue Service. (c) The requirement in subdivision (a) does not apply to any year in which the candidate was not required to file the candidate’s income tax return with the Internal Revenue Service. (Amended by Stats. 2023, Ch. 880, Sec. 2. (SB 658) Effective January 1, 2024.) - 8903. Verify source ↗
## Elections Code - ELEC ## DIVISION 8. NOMINATIONS [8000 - 8903] ( Division 8 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 5. INCOME TAX RETURN DISCLOSURE REQUIREMENTS [8900 - 8903] ( Part 5 added by Stats. 2019, Ch. 121, Sec. 2. )
Candidates must file two copies of required tax returns with the Secretary of State, redact specified personal information, and meet deadline rules; the Secretary of State reviews the redactions and publishes the redacted returns.
## Elections Code - ELEC ## DIVISION 8. NOMINATIONS [8000 - 8903] ( Division 8 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 5. INCOME TAX RETURN DISCLOSURE REQUIREMENTS [8900 - 8903] ( Part 5 added by Stats. 2019, Ch. 121, Sec. 2. ) ## 8903. (a) The candidate shall submit the following to the Secretary of State: (1) (A) Two copies of each tax return required by Section 8902. One copy of each tax return shall be identical to the version submitted to the Internal Revenue Service, without redactions, and shall not be subject to disclosure pursuant to this section. One copy shall be identical to the version submitted to the Internal Revenue Service but shall be redacted pursuant to this paragraph. The tax returns shall be provided to the Secretary of State in hard-copy form not later than 5 p.m. on the 88th day prior to the election or, in the case of a recall election, not later than 5 p.m. on the 60th day prior to the recall election. (B) The candidate shall redact the following information from the redacted copy of each tax return: (i) Social security numbers. (ii) Home address. (iii) Telephone number. (iv) Email address. (v) Medical information. (vi) Bank account numbers and routing numbers. (vii) Internal Revenue Service personal identification number (PIN). (C) The candidate may also redact the following information from the redacted copy of each tax return: (i) Names of dependent minors. (ii) Employer identification number. (iii) Business addresses. (iv) Preparer or accountant tax identification number, client number, address, telephone number, and email address of paid tax return preparers or accountants. (2) A written consent form, signed by the candidate, granting the Secretary of State permission to publicly release a version of the candidate’s tax returns redacted pursuant to this section. The Secretary of State shall prepare a standard consent form consistent with this paragraph. (b) The Secretary of State shall review the redacted copy of each tax return submitted by the candidate to ensure that the redactions comply with subdivision (a). If the Secretary of State determines that the candidate has redacted information other than that permitted by subdivision (a), or failed to redact information required to be redacted by subdivision (a), the Secretary of State shall notify the candidate of any deficiencies. The candidate shall submit corrected hard copies of the tax return no later than 5:00 p.m. on the 78th day prior to the election or, in the case of a recall election, not later than 5 p.m. on the 57th day prior to the recall election. If the corrected hard copies are not timely submitted, the candidate shall not be qualified to have their name placed on the ballot of the election. (c) (1) At the time the Secretary of State issues the certified list of candidates for the election in accordance with Section 8120, the Secretary of State shall make the redacted copies of the tax returns available to the public on the Secretary of State’s internet website. Except as provided by paragraph (2), the Secretary of State shall make public the redacted copies of the tax returns submitted by the candidate pursuant to subdivision (a). (2) If the candidate is required to submit a corrected copy of a tax return pursuant to subdivision (b), the Secretary of State shall make public that corrected copy. (3) The redacted tax returns shall be continuously posted until such time as the official canvass is completed for the election at which a candidate is elected to the office, except that the tax returns of a candidate who participated in a primary election and who was not nominated to participate in the general election need only be posted until the official canvass for the primary election is completed. (4) The Secretary of State shall retain the paper copies of the submitted tax returns until the completion of the official canvass of the election at which a candidate is elected to the office. Thereafter, the paper copies of the submitted tax returns shall be destroyed as soon as practicable, unless the Secretary of State has received a court order, or a lawful written request from a state or federal governmental agency, directing the Secretary of State to preserve the submitted tax returns. (Amended by Stats. 2023, Ch. 880, Sec. 3. (SB 658) Effective January 1, 2024.) - 9. Verify source ↗
## Elections Code - ELEC ## DIVISION 0.5. PRELIMINARY PROVISIONS [1 - 362] ( Division 0.5 heading added by Stats. 1996, Ch. 1143, Sec. 17. ) ## CHAPTER 1 General Provisions [1. - 21] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. )
This section gives the rules for counting words under the Elections Code, including how to treat punctuation, proper nouns, abbreviations, hyphenated words, dates, numbers, telephone numbers, and website addresses.
## Elections Code - ELEC ## DIVISION 0.5. PRELIMINARY PROVISIONS [1 - 362] ( Division 0.5 heading added by Stats. 1996, Ch. 1143, Sec. 17. ) ## CHAPTER 1 General Provisions [1. - 21] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 9. (a) Counting of words, for purposes of this code, shall be as follows: (1) Punctuation is not counted. (2) Each word shall be counted as one word except as specified in this section. (3) All proper nouns, including geographical names, shall be considered as one word; for example, “City and County of San Francisco” shall be counted as one word. (4) Each abbreviation for a word, phrase, or expression shall be counted as one word. (5) Hyphenated words that appear in any generally available standard reference dictionary, published in the United States at any time within the 10 calendar years immediately preceding the election for which the words are counted, including a generally available standard reference dictionary published online, shall be considered as one word. Each part of all other hyphenated words shall be counted as a separate word. (6) Dates shall be counted as one word. (7) Any number consisting of a digit or digits shall be considered as one word. Any number which is spelled, such as “one,” shall be considered as a separate word or words. “One” shall be counted as one word whereas “one hundred” shall be counted as two words. “100” shall be counted as one word. (8) Telephone numbers shall be counted as one word. (9) Internet website addresses shall be counted as one word. (b) This section does not apply to counting words for ballot designations under Section 13107. (Amended by Stats. 2023, Ch. 479, Sec. 1. (AB 1762) Effective January 1, 2024.) - 9000. Verify source ↗
## Elections Code - ELEC ## DIVISION 9. MEASURES SUBMITTED TO THE VOTERS [9000 - 9611] ( Division 9 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. State Elections [9000 - 9096] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 1. Initiative and Referendum Petitions [9000 - 9018] ( Article 1 enacted by Stats. 1994, Ch. 920, Sec. 2. )
This article applies only to initiative and referendum measures that affect the state Constitution or state laws.
## Elections Code - ELEC ## DIVISION 9. MEASURES SUBMITTED TO THE VOTERS [9000 - 9611] ( Division 9 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. State Elections [9000 - 9096] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 1. Initiative and Referendum Petitions [9000 - 9018] ( Article 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 9000. This article applies only to initiative and referendum measures affecting the Constitution or laws of the state. (Enacted by Stats. 1994, Ch. 920, Sec. 2.) - 9001. Verify source ↗
## Elections Code - ELEC ## DIVISION 9. MEASURES SUBMITTED TO THE VOTERS [9000 - 9611] ( Division 9 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. State Elections [9000 - 9096] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 1. Initiative and Referendum Petitions [9000 - 9018] ( Article 1 enacted by Stats. 1994, Ch. 920, Sec. 2. )
Before circulating an initiative or referendum petition, the measure text must be submitted to the Attorney General with a written request for a title and summary. Proponents must also provide a signed certification, public contact information, and a $2,000 fee, and submissions must use approved mail or personal delivery with printed documents only.
## Elections Code - ELEC ## DIVISION 9. MEASURES SUBMITTED TO THE VOTERS [9000 - 9611] ( Division 9 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. State Elections [9000 - 9096] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 1. Initiative and Referendum Petitions [9000 - 9018] ( Article 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 9001. (a) Before the circulation of an initiative or referendum petition for signatures, the text of the proposed measure shall be submitted to the Attorney General with a written request that a circulating title and summary of the chief purpose and points of the proposed measure be prepared. The electors presenting the request shall be known as the “proponents.” The Attorney General shall preserve the written request until after the next general election. (b) Each and every proponent of a proposed initiative measure shall, at the time of submitting the text of the proposed measure, provide both of the following: (1) An original signed certification stating that “I, (insert name), declare under penalty of perjury that I am a citizen of the United States, 18 years of age or older, and a resident of (insert county), California.” (2) Public contact information. (c) The proponents of a proposed initiative measure, at the time of submitting the text of the proposed measure to the Attorney General, shall pay a fee to the Attorney General of two thousand dollars ($2,000) that shall be placed in a trust fund in the office of the Treasurer and refunded to the proponents if the measure qualifies for the ballot within two years from the date the summary is furnished to the proponents. If the measure does not qualify within that period, the fee shall be immediately paid into the General Fund of the state. (d) All referenda and proposed initiative measures must be submitted to the Attorney General’s Initiative Coordinator located in the Sacramento Attorney General’s Office via U.S. Postal Service, alternative mail service, or personal delivery. Only printed documents will be accepted; facsimile or email delivery will not be accepted. (e) The Attorney General’s office shall not deem a request for a circulating title and summary submitted until all of the requirements of this section are met. (Amended by Stats. 2015, Ch. 229, Sec. 1. (AB 1100) Effective January 1, 2016.) - 9002. Verify source ↗
## Elections Code - ELEC ## DIVISION 9. MEASURES SUBMITTED TO THE VOTERS [9000 - 9611] ( Division 9 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. State Elections [9000 - 9096] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 1. Initiative and Referendum Petitions [9000 - 9018] ( Article 1 enacted by Stats. 1994, Ch. 920, Sec. 2. )
The Attorney General must start a 30-day public review process when requested, post the proposed initiative text, accept written public comments, and send those comments to the proponents.
## Elections Code - ELEC ## DIVISION 9. MEASURES SUBMITTED TO THE VOTERS [9000 - 9611] ( Division 9 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. State Elections [9000 - 9096] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 1. Initiative and Referendum Petitions [9000 - 9018] ( Article 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 9002. (a) Upon receipt of a request from the proponents of a proposed initiative measure for a circulating title and summary, the Attorney General shall initiate a public review process for a period of 30 days by doing all of the following: (1) Posting the text of the proposed initiative measure on the Attorney General’s internet website. (2) Inviting, and providing for the submission of, written public comments on the proposed initiative measure on the Attorney General’s internet website. The site shall accept written public comments for the duration of the public review period. The written public comments shall be public records, available for inspection upon request pursuant to Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code, but shall not be displayed to the public on the Attorney General’s internet website during the public review period. The Attorney General shall transmit any written public comments received during the public review period to the proponents of the proposed initiative measure. (b) During the public review period, the proponents of the proposed initiative measure may submit amendments to the measure that are reasonably germane to the theme, purpose, or subject of the initiative measure as originally proposed. However, amendments shall not be submitted if the initiative measure as originally proposed would not effect a substantive change in law. (1) An amendment shall be submitted with a signed request by all the proponents to prepare a circulating title and summary using the amended language. (2) An amendment shall be submitted to the Attorney General’s Initiative Coordinator located in the Attorney General’s Sacramento Office via United States Postal Service, alternative mail service, or personal delivery. Only printed documents shall be accepted; facsimile or email delivery shall not be accepted. (3) The submission of an amendment shall not extend the period to prepare the estimate required by Section 9005. (4) An amendment shall not be accepted more than five days after the public review period is concluded. However, a proponent shall not be prohibited from proposing a new initiative measure and requesting that a circulating title and summary be prepared for that measure pursuant to Section 9001. (Amended by Stats. 2021, Ch. 615, Sec. 96. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Sec. 463 of Stats. 2021, Ch. 615.) - 9003. Verify source ↗
## Elections Code - ELEC ## DIVISION 9. MEASURES SUBMITTED TO THE VOTERS [9000 - 9611] ( Division 9 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. State Elections [9000 - 9096] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 1. Initiative and Referendum Petitions [9000 - 9018] ( Article 1 enacted by Stats. 1994, Ch. 920, Sec. 2. )
If the Attorney General is a proponent of a proposed measure, the Legislative Counsel must prepare the circulating title and summary, including the financial-impact estimate or opinion, and handle the Attorney General’s related duties under this chapter.
## Elections Code - ELEC ## DIVISION 9. MEASURES SUBMITTED TO THE VOTERS [9000 - 9611] ( Division 9 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. State Elections [9000 - 9096] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 1. Initiative and Referendum Petitions [9000 - 9018] ( Article 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 9003. In the event that the Attorney General is a proponent of a proposed measure, the circulating title and summary of the chief purpose and points of the proposed measure, including an estimate or opinion on the financial impact of the measure, shall be prepared by the Legislative Counsel, and the other duties of the Attorney General specified in this chapter with respect to the circulating title and ballot title and summary and an estimate of the financial effect of the measure shall be performed by the Legislative Counsel. (Amended by Stats. 2009, Ch. 373, Sec. 9. (AB 753) Effective January 1, 2010.) - 9004. Verify source ↗
## Elections Code - ELEC ## DIVISION 9. MEASURES SUBMITTED TO THE VOTERS [9000 - 9611] ( Division 9 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. State Elections [9000 - 9096] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 1. Initiative and Referendum Petitions [9000 - 9018] ( Article 1 enacted by Stats. 1994, Ch. 920, Sec. 2. )
The Attorney General must prepare and distribute a circulating title and summary for a proposed initiative measure, along with a unique numeric identifier. The Secretary of State must then notify the relevant parties and provide copies within one business day.
## Elections Code - ELEC ## DIVISION 9. MEASURES SUBMITTED TO THE VOTERS [9000 - 9611] ( Division 9 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. State Elections [9000 - 9096] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 1. Initiative and Referendum Petitions [9000 - 9018] ( Article 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 9004. (a) Upon receipt of the text of a proposed initiative measure, and after the public review period provided for in Section 9002, the Attorney General shall prepare a circulating title and summary of the chief purposes and points of the proposed measure. The circulating title and summary shall not exceed 100 words. The Attorney General shall also provide a unique numeric identifier for each proposed initiative measure. The circulating title and summary shall be prepared in the manner provided for the preparation of ballot titles and summaries in Article 5 (commencing with Section 9050), the provisions of which, in regard to the preparation, filing, and settlement of ballot titles and summaries, are applicable to the circulating title and summary. (b) The Attorney General shall provide a copy of the circulating title and summary and its unique numeric identifier to the proponents and to the Secretary of State within 15 days after receipt of the fiscal estimate or opinion prepared by the Department of Finance and the Legislative Analyst pursuant to Section 9005. The date the copy is delivered or mailed to the proponents is the “official summary date.” (c) Upon receipt of the circulating title and summary from the Attorney General, the Secretary of State shall, within one business day, notify the proponents and county elections official of each county of the official summary date and provide a copy of the circulating title and summary to each county elections official. This notification shall also include a complete schedule showing the maximum filing deadline, and the certification deadline by the counties to the Secretary of State. (Amended by Stats. 2014, Ch. 697, Sec. 6. (SB 1253) Effective January 1, 2015.) - 9005. Verify source ↗
## Elections Code - ELEC ## DIVISION 9. MEASURES SUBMITTED TO THE VOTERS [9000 - 9611] ( Division 9 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. State Elections [9000 - 9096] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 1. Initiative and Referendum Petitions [9000 - 9018] ( Article 1 enacted by Stats. 1994, Ch. 920, Sec. 2. )
The Attorney General must include a fiscal estimate or fiscal opinion in the circulating title and summary for a proposed initiative measure.
## Elections Code - ELEC ## DIVISION 9. MEASURES SUBMITTED TO THE VOTERS [9000 - 9611] ( Division 9 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. State Elections [9000 - 9096] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 1. Initiative and Referendum Petitions [9000 - 9018] ( Article 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 9005. (a) The Attorney General, in preparing a circulating title and summary for a proposed initiative measure, shall, in boldface print, include in the circulating title and summary either the estimate of the amount of any increase or decrease in revenues or costs to the state or local government, or an opinion as to whether or not a substantial net change in state or local finances would result if the proposed initiative is adopted. (b) The estimate as required by this section shall be made jointly by the Department of Finance and the Legislative Analyst, who shall deliver the estimate to the Attorney General so that he or she may include the estimate in the circulating title and summary prepared by him or her. (c) The estimate shall be delivered to the Attorney General within 50 days of the date of receipt of the proposed initiative measure by the Attorney General, unless, in the opinion of both the Department of Finance and the Legislative Analyst, a reasonable estimate of the net impact of the proposed initiative measure cannot be prepared within the 50-day period. In the latter case, the Department of Finance and the Legislative Analyst shall, within the 50-day period, give the Attorney General their opinion as to whether or not a substantial net change in state or local finances would result if the proposed initiative measure is adopted. (d) A statement of fiscal impact prepared by the Legislative Analyst pursuant to subdivision (b) of Section 12172 of the Government Code may be used by the Department of Finance and the Legislative Analyst in the preparation of the fiscal estimate or the opinion. (Amended by Stats. 2014, Ch. 697, Sec. 7. (SB 1253) Effective January 1, 2015.) - 9006. Verify source ↗
## Elections Code - ELEC ## DIVISION 9. MEASURES SUBMITTED TO THE VOTERS [9000 - 9611] ( Division 9 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. State Elections [9000 - 9096] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 1. Initiative and Referendum Petitions [9000 - 9018] ( Article 1 enacted by Stats. 1994, Ch. 920, Sec. 2. )
The Attorney General must prepare and send a circulating title and summary for a proposed referendum, and the Secretary of State must notify county election officials and proponents on a short deadline.
## Elections Code - ELEC ## DIVISION 9. MEASURES SUBMITTED TO THE VOTERS [9000 - 9611] ( Division 9 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. State Elections [9000 - 9096] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 1. Initiative and Referendum Petitions [9000 - 9018] ( Article 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 9006. (a) Upon receipt of the text of a proposed referendum, the Attorney General shall prepare a circulating title and summary of the chief purpose and points of the proposed statute at issue. The circulating title and summary shall not exceed a total of 100 words. No fiscal analysis shall be included. (b) The Attorney General shall provide a copy of the circulating title and summary of the proposed referendum to the proponents and to the Secretary of State within 10 days after receipt of the proposed referendum. (c) Upon receipt of the circulating title and summary from the Attorney General, the Secretary of State shall, within one business day, notify the proponents and county elections official of each county of the official summary date and provide a copy of the circulating title and summary to each county elections official. This notification shall also include a complete schedule showing the maximum filing deadline, and the certification deadline by the counties to the Secretary of State. (Repealed and added by Stats. 2009, Ch. 373, Sec. 13. (AB 753) Effective January 1, 2010.) - 9007. Verify source ↗
## Elections Code - ELEC ## DIVISION 9. MEASURES SUBMITTED TO THE VOTERS [9000 - 9611] ( Division 9 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. State Elections [9000 - 9096] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 1. Initiative and Referendum Petitions [9000 - 9018] ( Article 1 enacted by Stats. 1994, Ch. 920, Sec. 2. )
The Attorney General must promptly send the measure text and circulating title/summary to the Senate and Assembly after they are prepared.
## Elections Code - ELEC ## DIVISION 9. MEASURES SUBMITTED TO THE VOTERS [9000 - 9611] ( Division 9 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. State Elections [9000 - 9096] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 1. Initiative and Referendum Petitions [9000 - 9018] ( Article 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 9007. Immediately upon the preparation of the circulating title and summary of a proposed initiative or referendum measure, the Attorney General shall forthwith transmit copies of the text of the measure and the circulating title and summary to the Senate and the Assembly. The appropriate committees of each house may hold public hearings on the subject of the measure. However, nothing in this section shall be construed as authority for the Legislature to alter the measure or prevent it from appearing on the ballot. (Amended by Stats. 2009, Ch. 373, Sec. 14. (AB 753) Effective January 1, 2010.) - 9008. Verify source ↗
## Elections Code - ELEC ## DIVISION 9. MEASURES SUBMITTED TO THE VOTERS [9000 - 9611] ( Division 9 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. State Elections [9000 - 9096] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 1. Initiative and Referendum Petitions [9000 - 9018] ( Article 1 enacted by Stats. 1994, Ch. 920, Sec. 2. )
Before circulation, every proposed initiative measure must have specified Attorney General text placed at the top of the petition in 11-point or larger roman type.
## Elections Code - ELEC ## DIVISION 9. MEASURES SUBMITTED TO THE VOTERS [9000 - 9611] ( Division 9 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. State Elections [9000 - 9096] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 1. Initiative and Referendum Petitions [9000 - 9018] ( Article 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 9008. Every proposed initiative measure, prior to circulation, shall have placed across the top of the petition in 11-point or larger roman type, all of the following: (a) The Attorney General’s unique numeric identifier placed before the circulating title and summary upon each page where the circulating title and summary is to appear. (b) The circulating title and summary prepared by the Attorney General upon each page of the petition on which signatures are to appear. The circulating title shall appear in all capital letters. (c) The circulating title and summary prepared by the Attorney General upon each section of the petition preceding the text of the measure. (d) The circulating title and summary prepared by the Attorney General as required by subdivision (b) shall be preceded by the following statement: “INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS.”, followed by, on a separate line, “The Attorney General of California has prepared the following circulating title and summary of the chief purpose and points of the proposed measure:”. This text shall be in boldface. (Amended by Stats. 2022, Ch. 887, Sec. 4. (SB 1360) Effective January 1, 2023.) - 9009. Verify source ↗
## Elections Code - ELEC ## DIVISION 9. MEASURES SUBMITTED TO THE VOTERS [9000 - 9611] ( Division 9 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. State Elections [9000 - 9096] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 1. Initiative and Referendum Petitions [9000 - 9018] ( Article 1 enacted by Stats. 1994, Ch. 920, Sec. 2. )
This section sets the required heading and page-top text for an initiative petition and requires the petition to include the Attorney General’s identifier and summary.
## Elections Code - ELEC ## DIVISION 9. MEASURES SUBMITTED TO THE VOTERS [9000 - 9611] ( Division 9 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. State Elections [9000 - 9096] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 1. Initiative and Referendum Petitions [9000 - 9018] ( Article 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 9009. The heading of an initiative petition shall be in substantially the following form: Initiative Measure to Be Submitted Directly to the Voters The Attorney General of California has prepared the following circulating title and summary of the chief purpose and points of the proposed measure: (Here set forth the unique numeric identifier provided by the Attorney General and circulating title and summary prepared by the Attorney General. Both the Attorney General’s unique numeric identifier and the circulating title and summary must also be printed across the top of each page of the petition whereon signatures are to appear.) To the Honorable Secretary of State of California We, the undersigned, registered, qualified voters of California, residents of ____ County (or City and County), hereby propose amendments to the Constitution of California (the ____ Code, relating to ____) and petition the Secretary of State to submit the same to the voters of California for their adoption or rejection at the next succeeding general election or at any special statewide election held prior to that general election or as otherwise provided by law. The proposed constitutional (or statutory) amendments (full title and text of the measure) read as follows: (Repealed and added by Stats. 2009, Ch. 373, Sec. 17. (AB 753) Effective January 1, 2010.) - 9010. Verify source ↗
## Elections Code - ELEC ## DIVISION 9. MEASURES SUBMITTED TO THE VOTERS [9000 - 9611] ( Division 9 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. State Elections [9000 - 9096] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 1. Initiative and Referendum Petitions [9000 - 9018] ( Article 1 enacted by Stats. 1994, Ch. 920, Sec. 2. )
Each page of a referendum petition must print the stated heading at the top in 12-point boldface type.
## Elections Code - ELEC ## DIVISION 9. MEASURES SUBMITTED TO THE VOTERS [9000 - 9611] ( Division 9 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. State Elections [9000 - 9096] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 1. Initiative and Referendum Petitions [9000 - 9018] ( Article 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 9010. Across the top of each page of a referendum petition, there shall be printed in 12-point boldface type the following: “Referendum Against an Act Passed by the Legislature.” (Enacted by Stats. 1994, Ch. 920, Sec. 2.) - 9011. Verify source ↗
## Elections Code - ELEC ## DIVISION 9. MEASURES SUBMITTED TO THE VOTERS [9000 - 9611] ( Division 9 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. State Elections [9000 - 9096] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 1. Initiative and Referendum Petitions [9000 - 9018] ( Article 1 enacted by Stats. 1994, Ch. 920, Sec. 2. )
Referendum petitions must show a short title at the top of each page after the first page, and leave blank space for county election officials.
## Elections Code - ELEC ## DIVISION 9. MEASURES SUBMITTED TO THE VOTERS [9000 - 9611] ( Division 9 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. State Elections [9000 - 9096] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 1. Initiative and Referendum Petitions [9000 - 9018] ( Article 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 9011. Across the top of each page after the first page of every referendum petition or section of a referendum petition, which is prepared and circulated, there shall be printed in 18-point gothic type a short title, in 20 words or less, showing the nature of the petition and the subject to which it relates. A space at least one inch wide shall be left blank at the top of each page and after each name, for the use of the county elections official, in verifying the petition. (Enacted by Stats. 1994, Ch. 920, Sec. 2.) - 9012. Verify source ↗
## Elections Code - ELEC ## DIVISION 9. MEASURES SUBMITTED TO THE VOTERS [9000 - 9611] ( Division 9 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. State Elections [9000 - 9096] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 1. Initiative and Referendum Petitions [9000 - 9018] ( Article 1 enacted by Stats. 1994, Ch. 920, Sec. 2. )
A petition for a proposed initiative measure or referendum may be split into sections, but each section must include a full and correct copy of the circulating title, summary, and text of the proposed measure. The measure text must also be printed in at least 8-point type.
## Elections Code - ELEC ## DIVISION 9. MEASURES SUBMITTED TO THE VOTERS [9000 - 9611] ( Division 9 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. State Elections [9000 - 9096] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 1. Initiative and Referendum Petitions [9000 - 9018] ( Article 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 9012. Any petition for a proposed initiative measure or referendum may be presented in sections, but each section shall contain a full and correct copy of the circulating title and summary and text of the proposed measure. The text of the proposed measure shall be printed in type not smaller than 8 point. (Repealed and added by Stats. 2009, Ch. 373, Sec. 19. (AB 753) Effective January 1, 2010.) - 9013. Verify source ↗
## Elections Code - ELEC ## DIVISION 9. MEASURES SUBMITTED TO THE VOTERS [9000 - 9611] ( Division 9 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. State Elections [9000 - 9096] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 1. Initiative and Referendum Petitions [9000 - 9018] ( Article 1 enacted by Stats. 1994, Ch. 920, Sec. 2. )
Initiative and referendum petitions must leave a blank space at least one inch wide across the top of each page and after each signer’s name for county elections official verification.
## Elections Code - ELEC ## DIVISION 9. MEASURES SUBMITTED TO THE VOTERS [9000 - 9611] ( Division 9 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. State Elections [9000 - 9096] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 1. Initiative and Referendum Petitions [9000 - 9018] ( Article 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 9013. A space at least one inch wide shall be left blank across the top of each page of every initiative and referendum petition and after the name of each voter who has signed the petition for the use of the county elections official in verifying the petition. (Repealed and added by Stats. 2009, Ch. 373, Sec. 21. (AB 753) Effective January 1, 2010.) - 9014. Verify source ↗
## Elections Code - ELEC ## DIVISION 9. MEASURES SUBMITTED TO THE VOTERS [9000 - 9611] ( Division 9 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. State Elections [9000 - 9096] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 1. Initiative and Referendum Petitions [9000 - 9018] ( Article 1 enacted by Stats. 1994, Ch. 920, Sec. 2. )
Petitions for initiative or referendum measures may not be circulated for signatures before the official summary date, and filings must be made within the stated deadline.
## Elections Code - ELEC ## DIVISION 9. MEASURES SUBMITTED TO THE VOTERS [9000 - 9611] ( Division 9 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. State Elections [9000 - 9096] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 1. Initiative and Referendum Petitions [9000 - 9018] ( Article 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 9014. (a) A petition for a proposed initiative or referendum measure shall not be circulated for signatures prior to the official summary date. (b) Subject to subdivision (d), a petition with signatures for a proposed initiative measure shall be filed with the county elections official not later than 180 days from the official summary date, and a county elections official shall not accept a petition for the proposed initiative measure after that period. (c) Subject to subdivision (d), a petition for a proposed referendum measure shall be filed with the county elections official not later than 90 days from the date the legislative bill was chaptered by the Secretary of State, and a county elections official shall not accept a petition for the proposed referendum measure after that period. (d) If the last day to file a petition pursuant to subdivision (b) or (c) is a holiday, as defined in Chapter 7 (commencing with Section 6700) of Division 7 of Title 1 of the Government Code, the petition may be filed with the county elections official on the next business day. (Amended (as amended by Stats. 2014, Ch. 106, Sec. 2) by Stats. 2014, Ch. 697, Sec. 8. (SB 1253) Effective January 1, 2015.) - 9015. Verify source ↗
## Elections Code - ELEC ## DIVISION 9. MEASURES SUBMITTED TO THE VOTERS [9000 - 9611] ( Division 9 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. State Elections [9000 - 9096] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 1. Initiative and Referendum Petitions [9000 - 9018] ( Article 1 enacted by Stats. 1994, Ch. 920, Sec. 2. )
Officials who are required by law to receive or file initiative or referendum petitions must not accept or file petitions that do not comply with this article.
## Elections Code - ELEC ## DIVISION 9. MEASURES SUBMITTED TO THE VOTERS [9000 - 9611] ( Division 9 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. State Elections [9000 - 9096] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 1. Initiative and Referendum Petitions [9000 - 9018] ( Article 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 9015. Officers required by law to receive or file in their offices any initiative or referendum petition shall not receive or file any initiative or referendum petition not in conformity with this article. (Repealed and added by Stats. 2009, Ch. 373, Sec. 25. (AB 753) Effective January 1, 2010.) - 9016. Verify source ↗
## Elections Code - ELEC ## DIVISION 9. MEASURES SUBMITTED TO THE VOTERS [9000 - 9611] ( Division 9 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. State Elections [9000 - 9096] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 1. Initiative and Referendum Petitions [9000 - 9018] ( Article 1 enacted by Stats. 1994, Ch. 920, Sec. 2. )
An initiative measure generally may not be submitted to voters at a statewide special election if fewer than 131 days have passed since the measure was certified for the ballot.
## Elections Code - ELEC ## DIVISION 9. MEASURES SUBMITTED TO THE VOTERS [9000 - 9611] ( Division 9 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. State Elections [9000 - 9096] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 1. Initiative and Referendum Petitions [9000 - 9018] ( Article 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 9016. (a) Notwithstanding Section 324, for purposes of subdivision (c) of Section 8 of, and subdivision (c) of Section 9 of, Article II of the California Constitution, “general election” means only the election held throughout the state on the first Tuesday after the first Monday in November of each even-numbered year with respect to an initiative or referendum measure that is certified for the ballot on or after July 1, 2011. (b) Notwithstanding any other provision of law, an initiative measure shall not be submitted to the voters at a statewide special election held less than 131 days after the date the measure is certified for the ballot. (Amended by Stats. 2011, Ch. 558, Sec. 1. (SB 202) Effective January 1, 2012.) - 9017. Verify source ↗
## Elections Code - ELEC ## DIVISION 9. MEASURES SUBMITTED TO THE VOTERS [9000 - 9611] ( Division 9 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. State Elections [9000 - 9096] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 1. Initiative and Referendum Petitions [9000 - 9018] ( Article 1 enacted by Stats. 1994, Ch. 920, Sec. 2. )
If an initiative or referendum measure is not submitted at the next statewide election, it may still be submitted at a later statewide election.
## Elections Code - ELEC ## DIVISION 9. MEASURES SUBMITTED TO THE VOTERS [9000 - 9611] ( Division 9 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. State Elections [9000 - 9096] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 1. Initiative and Referendum Petitions [9000 - 9018] ( Article 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 9017. If, for any reason, any initiative or referendum measure proposed by petition as provided by this article is not submitted to the voters at the next succeeding statewide election, that failure shall not prevent its submission at a succeeding statewide election. (Added by Stats. 2009, Ch. 373, Sec. 27. (AB 753) Effective January 1, 2010.) - 9018. Verify source ↗
## Elections Code - ELEC ## DIVISION 9. MEASURES SUBMITTED TO THE VOTERS [9000 - 9611] ( Division 9 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. State Elections [9000 - 9096] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 1. Initiative and Referendum Petitions [9000 - 9018] ( Article 1 enacted by Stats. 1994, Ch. 920, Sec. 2. )
The Secretary of State must provide, on request, a pamphlet explaining statewide initiative petition procedures and requirements.
## Elections Code - ELEC ## DIVISION 9. MEASURES SUBMITTED TO THE VOTERS [9000 - 9611] ( Division 9 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. State Elections [9000 - 9096] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 1. Initiative and Referendum Petitions [9000 - 9018] ( Article 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 9018. The Secretary of State shall prepare and provide to any person, upon request, a pamphlet describing the procedures and requirements for preparing and circulating a statewide initiative measure and for filing sections of the petition, and describing the procedure used in determining and verifying the number of qualified voters who have signed the petition. (Added by Stats. 2009, Ch. 373, Sec. 28. (AB 753) Effective January 1, 2010.) - 9020. Verify source ↗
## Elections Code - ELEC ## DIVISION 9. MEASURES SUBMITTED TO THE VOTERS [9000 - 9611] ( Division 9 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. State Elections [9000 - 9096] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 2. Petition Signatures [9020 - 9022] ( Article 2 enacted by Stats. 1994, Ch. 920, Sec. 2. )
Petition signers must personally provide required identifying information, and only qualified registered voters may sign.
## Elections Code - ELEC ## DIVISION 9. MEASURES SUBMITTED TO THE VOTERS [9000 - 9611] ( Division 9 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. State Elections [9000 - 9096] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 2. Petition Signatures [9020 - 9022] ( Article 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 9020. (a) The petition sections shall be designed so that each signer shall personally affix all of the following: (1) The signer’s signature. (2) The signer’s printed name. (3) The signer’s residence address, giving street and number, or if no street or number exists, adequate designation of residence so that the location may be readily ascertained. An incomplete or inaccurate apartment or unit number in the signer’s residence address shall not invalidate their signature pursuant to Section 105. (4) The name of the signer’s incorporated city or unincorporated community. (5) If the petition does not include the disclosure statement described by subdivision (b) of Section 107, the following text on a separate horizontal line below the signer’s printed name and above the signer’s signature: “DO NOT SIGN UNLESS you have seen Official Top Funders sheet and its month is still valid.” The text “DO NOT SIGN UNLESS” shall be in all capitals and in boldface. The other text shall be capitalized as shown and shall not be in boldface. (b) Only a person who is a qualified registered voter at the time of signing the petition is entitled to sign it. (c) The number of signatures attached to each section shall be at the pleasure of the person soliciting the signatures. (Amended by Stats. 2022, Ch. 887, Sec. 5. (SB 1360) Effective January 1, 2023.) - 9021. Verify source ↗
## Elections Code - ELEC ## DIVISION 9. MEASURES SUBMITTED TO THE VOTERS [9000 - 9611] ( Division 9 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. State Elections [9000 - 9096] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 2. Petition Signatures [9020 - 9022] ( Article 2 enacted by Stats. 1994, Ch. 920, Sec. 2. )
A qualified person may circulate a statewide initiative or referendum petition anywhere in the state, and the circulator may also sign the section being circulated.
## Elections Code - ELEC ## DIVISION 9. MEASURES SUBMITTED TO THE VOTERS [9000 - 9611] ( Division 9 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. State Elections [9000 - 9096] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 2. Petition Signatures [9020 - 9022] ( Article 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 9021. (a) A person who meets the requirements of Section 102 may circulate a statewide initiative or referendum petition anywhere within the state. Each section of the petition shall bear the name of a county or city and county, and only qualified registered voters of that county or city and county may sign that section. (b) The circulator may sign the section he or she is circulating as provided in Section 106. (Amended by Stats. 2013, Ch. 278, Sec. 18. (SB 213) Effective January 1, 2014.) - 9022. Verify source ↗
## Elections Code - ELEC ## DIVISION 9. MEASURES SUBMITTED TO THE VOTERS [9000 - 9611] ( Division 9 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. State Elections [9000 - 9096] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 2. Petition Signatures [9020 - 9022] ( Article 2 enacted by Stats. 1994, Ch. 920, Sec. 2. )
Each petition section must include the required declaration, and the circulator must certify its truth, sign it, and state the date and place of execution.
## Elections Code - ELEC ## DIVISION 9. MEASURES SUBMITTED TO THE VOTERS [9000 - 9611] ( Division 9 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. State Elections [9000 - 9096] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 2. Petition Signatures [9020 - 9022] ( Article 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 9022. (a) Each section shall have attached thereto the declaration of the person soliciting the signatures setting forth the information required by Section 104. (b) The circulator shall certify to the content of the declaration as to its truth and correctness, under penalty of perjury under the laws of the State of California, with the signature of his or her name. The circulator shall state the date and the place of execution on the declaration immediately preceding his or her signature. (c) Another declaration shall not be required. (d) Petitions so verified shall be prima facie evidence that the signatures are genuine and that the persons signing are qualified voters. Unless and until otherwise proven upon official investigation, it shall be presumed that the petition presented contains the signatures of the requisite number of qualified voters. (Amended by Stats. 2013, Ch. 278, Sec. 19. (SB 213) Effective January 1, 2014.) - 9030. Verify source ↗
## Elections Code - ELEC ## DIVISION 9. MEASURES SUBMITTED TO THE VOTERS [9000 - 9611] ( Division 9 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. State Elections [9000 - 9096] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 3. Filing Petitions [9030 - 9035] ( Article 3 enacted by Stats. 1994, Ch. 920, Sec. 2. )
Petition sections must be filed with the proper county election official, and once filed they generally cannot be amended unless a court orders it.
## Elections Code - ELEC ## DIVISION 9. MEASURES SUBMITTED TO THE VOTERS [9000 - 9611] ( Division 9 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. State Elections [9000 - 9096] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 3. Filing Petitions [9030 - 9035] ( Article 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 9030. (a) Each section of the petition shall be filed with the elections official of the county or city and county for which it was circulated, but all sections circulated in any county or city and county shall be filed at the same time. Once filed, no petition section shall be amended except by order of a court of competent jurisdiction. (b) Within eight days after the filing of the petition, excluding Saturdays, Sundays, and holidays, the elections official shall determine the total number of signatures affixed to the petition and shall transmit this information to the Secretary of State. If the total number of signatures filed with all elections officials is less than 100 percent of the number of qualified voters required to find the petition sufficient, the Secretary of State shall so notify the proponents and the elections officials, and no further action shall be taken with regard to the petition. (c) If the number of signatures filed with all elections officials is 100 percent or more of the number of qualified voters needed to declare the petition sufficient, the Secretary of State shall immediately so notify the elections officials. (d) Within 30 days after this notification, excluding Saturdays, Sundays, and holidays, the elections official shall determine the number of qualified voters who have signed the petition. If more than 500 names have been signed on sections of the petition filed with an elections official, the elections official shall use a random sampling technique for verification of signatures, as determined by the Secretary of State. The random sample of signatures to be verified shall be drawn in such a manner that every signature filed with the elections official shall be given an equal opportunity to be included in the sample. The random sampling shall include an examination of at least 500 or 3 percent of the signatures, whichever is greater. In determining from the records of registration what number of qualified voters have signed the petition, the elections official may use any facsimiles of voters’ signatures provided that the method of preparing and displaying the facsimiles complies with law. A signature shall not be invalidated because of a variation of the signature caused by the substitution of initials for the first or middle name, or both, of the person signing the petition. (e) The elections official, upon the completion of the examination, shall immediately attach to the petition, except the signatures thereto appended, a properly dated certificate, showing the result of the examination, and shall immediately transmit the petition and the certificate to the Secretary of State. A copy of this certificate shall be filed in the elections official’s office. (f) If the certificates received from all elections officials by the Secretary of State establish that the number of valid signatures does not equal 95 percent of the number of qualified voters needed to find the petition sufficient, the petition shall be deemed to have failed to qualify, and the Secretary of State shall immediately so notify the proponents and the elections officials. (g) If the certificates received from all elections officials by the Secretary of State total more than 110 percent of the number of qualified voters needed to find the petition sufficient, the Secretary of State shall certify that the measure is qualified for the ballot as provided in Section 9033. (Amended by Stats. 2019, Ch. 562, Sec. 6.1. (AB 1829) Effective January 1, 2020.) - 9031. Verify source ↗
## Elections Code - ELEC ## DIVISION 9. MEASURES SUBMITTED TO THE VOTERS [9000 - 9611] ( Division 9 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. State Elections [9000 - 9096] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 3. Filing Petitions [9030 - 9035] ( Article 3 enacted by Stats. 1994, Ch. 920, Sec. 2. )
This section sets the process for checking petition signatures, including when the Secretary of State must order verification, what county election officials must do, and when the petition is certified for the ballot.
## Elections Code - ELEC ## DIVISION 9. MEASURES SUBMITTED TO THE VOTERS [9000 - 9611] ( Division 9 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. State Elections [9000 - 9096] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 3. Filing Petitions [9030 - 9035] ( Article 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 9031. (a) If the statistical sampling shows that the number of valid signatures is within 95 to 110 percent of the number of signatures of qualified voters needed to declare the petition sufficient, the Secretary of State shall order the examination and verification of the signatures filed, and shall so notify the elections officials. A signature shall not be invalidated because of a variation of the signature caused by the substitution of initials for the first or middle name, or both, of the person signing the petition. (b) Within 60 days, excluding Saturdays, Sundays, and holidays, after receipt of the order, the elections official or registrar of voters shall determine from the records of registration what number of qualified voters have signed the petition, and if necessary the board of supervisors shall allow the elections official or registrar additional assistance for the purpose of examining the petition and provide for their compensation. In determining from the records of registration what number of qualified voters have signed the petition, the elections official or registrar of voters may use any file or list of registered voters maintained by their office, or the facsimiles of voters’ signatures, provided that the method of preparing and displaying the facsimiles complies with law. (c) (1) During the examination and verification of the signatures filed, the elections official or registrar of voters shall submit one or more reports to the Secretary of State showing the number of signatures of qualified voters that have been verified as of that date. The Secretary of State shall determine the number of reports required to be submitted and the manner of their submission. (2) The Secretary of State shall maintain a list indicating the number of verified signatures of qualified voters who have signed the petition based on the most recent reports submitted pursuant to paragraph (1). If the Secretary of State determines, prior to each county’s completing the examination of each signature filed, that based on the list the petition is signed by the requisite number of voters needed to declare the petition sufficient, the Secretary of State shall immediately notify the elections official or registrar of voters of every county or city and county in the state of this fact. Immediately after receipt of this notification, the elections official or registrar of voters may suspend signature verification until receipt of a certificate pursuant to Section 9033 or until otherwise instructed by the Secretary of State. (d) The elections official or registrar, upon the completion of the examination or notification pursuant to paragraph (2) of subdivision (c), shall immediately attach to the petition, except the signatures thereto appended, an amended certificate properly dated, showing the result of the examination and shall immediately transmit the petition, together with the amended certificate, to the Secretary of State. A copy of the amended certificate shall be filed in the elections official’s office. (e) (1) If the amended certificates establish the petition’s sufficiency, the Secretary of State shall certify that the measure is qualified for the ballot as provided in Section 9033. (2) If the amended certificates received from all elections officials by the Secretary of State establish that the petition has still been found insufficient, the Secretary of State shall immediately so notify the proponents and the elections officials. (Amended by Stats. 2023, Ch. 870, Sec. 1. (SB 386) Effective January 1, 2024.) - 9032. Verify source ↗
## Elections Code - ELEC ## DIVISION 9. MEASURES SUBMITTED TO THE VOTERS [9000 - 9611] ( Division 9 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. State Elections [9000 - 9096] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 3. Filing Petitions [9030 - 9035] ( Article 3 enacted by Stats. 1994, Ch. 920, Sec. 2. )
Only the proponents of a measure may file the petition; filings by others are to be disregarded by the elections official.
## Elections Code - ELEC ## DIVISION 9. MEASURES SUBMITTED TO THE VOTERS [9000 - 9611] ( Division 9 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. State Elections [9000 - 9096] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 3. Filing Petitions [9030 - 9035] ( Article 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 9032. The right to file the petition shall be reserved to its proponents, and any section thereof presented for filing by any person or persons other than the proponents of a measure or by persons duly authorized in writing by one or more of the proponents shall be disregarded by the elections official. (Enacted by Stats. 1994, Ch. 920, Sec. 2.) - 9033. Verify source ↗
## Elections Code - ELEC ## DIVISION 9. MEASURES SUBMITTED TO THE VOTERS [9000 - 9611] ( Division 9 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. State Elections [9000 - 9096] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 3. Filing Petitions [9030 - 9035] ( Article 3 enacted by Stats. 1994, Ch. 920, Sec. 2. )
This section requires the Secretary of State to act on certified petitions by notifying proponents, stopping signature verification, setting election dates, and issuing or updating certificates of qualification for initiative and referendum measures.
## Elections Code - ELEC ## DIVISION 9. MEASURES SUBMITTED TO THE VOTERS [9000 - 9611] ( Division 9 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. State Elections [9000 - 9096] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 3. Filing Petitions [9030 - 9035] ( Article 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 9033. (a) When the Secretary of State has received from one or more elections officials or registrars a petition, certified to have been signed by the requisite number of qualified voters, the Secretary of State shall forthwith notify the proponents and immediately transmit to the elections official or registrar of voters of every county or city and county in the state a notice directing that signature verification be terminated. (b) (1) In the case of an initiative measure, the Secretary of State shall identify the date of the next statewide general election as defined in subdivision (a) of Section 9016, or the next special statewide election, that will occur not less than 131 days after the date the Secretary of State receives a petition certified to have been signed by the requisite number of qualified voters. (2) On the 131st day prior to the date of the election identified pursuant to paragraph (1), the Secretary of State shall do all of the following: (A) Issue a certificate of qualification certifying that the initiative measure, as of that date, is qualified for the ballot at the election identified pursuant to paragraph (1). (B) Notify the proponents of the initiative measure and the elections official of each county that the measure, as of that date, is qualified for the ballot at the election identified pursuant to paragraph (1). (C) Include the initiative measure in a list of all statewide initiative measures that are eligible to be placed on the ballot at the election identified pursuant to paragraph (1) and publish the list on the Secretary of State’s internet website. (3) Upon the issuance of a certificate of qualification pursuant to paragraph (2), an initiative measure shall be deemed qualified for the ballot for purposes of subdivision (c) of Section 8 of Article II of the California Constitution. (c) (1) In the case of a referendum measure, the Secretary of State shall identify the date of the next statewide general election as defined in subdivision (a) of Section 9016, or the next special statewide election, that will occur not less than 31 days after the date the Secretary of State receives a petition certified to have been signed by the requisite number of qualified voters. (2) On the 131st day prior to the date of the election identified pursuant to paragraph (1), or upon receipt of a petition certified to have been signed by the requisite number of qualified voters if fewer than 131 days remain until the election identified pursuant to paragraph (1), the Secretary of State shall do all of the following: (A) Issue a certificate of qualification certifying that the referendum measure, as of that date, is qualified for the ballot at the election identified pursuant to paragraph (1). (B) Notify the proponents of the referendum measure and the elections official of each county that the measure, as of that date, is qualified for the ballot at the election identified pursuant to paragraph (1). (C) Include the referendum measure in a list of all statewide referendum measures that are eligible to be placed on the ballot at the election identified pursuant to paragraph (1) and publish the list on the Secretary of State’s internet website. (3) Upon the issuance of a certificate of qualification pursuant to paragraph (1), a referendum measure shall be deemed qualified for the ballot for purposes of subdivision (c) of Section 9 of Article II of the California Constitution. (4) If a referendum measure has been issued a certificate of qualification as of the effective date of the act adding this paragraph but has not yet appeared on the ballot, the Secretary of State shall void that certificate of qualification, and shall issue a new certificate of qualification pursuant to the provisions of this subdivision. The proponents of any such referendum measure shall be permitted to withdraw that measure pursuant to subdivision (b) of Section 9604 at any time between the effective date of the act adding this paragraph and the date on which the Secretary of State issues a new certificate of qualification in accordance with subparagraph (A) of paragraph (2) of this subdivision. (d) In the case of a referendum measure, upon the Secretary of State’s transmission of notification to the proponents and elections officials under subdivision (c) of Section 9030 that the number of signatures filed with all elections officials is 100 percent or more of the number of qualified voters needed to declare the petition sufficient, the statute that is the subject of the referendum measure shall cease to have effect unless and until one of the following occurs: (1) The Secretary of State or a court of competent jurisdiction concludes that the petition was not signed by the requisite number of qualified voters. (2) The proponents of the referendum measure withdraw the measure under Section 9604. (3) The voters vote to keep the statute that is the subject of the referendum at the statewide election in which the referendum measure appears on the ballot. (Amended by Stats. 2023, Ch. 162, Sec. 4. (AB 421) Effective September 8, 2023.) - 9034. Verify source ↗
## Elections Code - ELEC ## DIVISION 9. MEASURES SUBMITTED TO THE VOTERS [9000 - 9611] ( Division 9 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. State Elections [9000 - 9096] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 3. Filing Petitions [9030 - 9035] ( Article 3 enacted by Stats. 1994, Ch. 920, Sec. 2. )
Proponents must file a signed certification with the Secretary of State after reaching the 25% signature threshold; then the Secretary of State must send the measure to the Senate and Assembly, and committees must hold public hearings by the election deadline.
## Elections Code - ELEC ## DIVISION 9. MEASURES SUBMITTED TO THE VOTERS [9000 - 9611] ( Division 9 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. State Elections [9000 - 9096] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 3. Filing Petitions [9030 - 9035] ( Article 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 9034. (a) The proponents of a proposed initiative measure shall submit a certification, signed under penalty of perjury, to the Secretary of State immediately upon the collection of 25 percent of the number of signatures needed to qualify the initiative measure for the ballot. (b) Upon the receipt of the certification required by subdivision (a), the Secretary of State shall transmit copies of the initiative measure, together with the circulating title and summary as prepared by the Attorney General pursuant to Section 9004, to the Senate and the Assembly. Each house shall assign the initiative measure to its appropriate committees. The appropriate committees shall hold joint public hearings on the subject of the measure not later than 131 days before the date of the election at which the measure is to be voted upon. (c) This section shall not be construed as authority for the Legislature to alter the initiative measure or prevent it from appearing on the ballot. (Amended by Stats. 2014, Ch. 697, Sec. 12. (SB 1253) Effective January 1, 2015.) - 9035. Verify source ↗
## Elections Code - ELEC ## DIVISION 9. MEASURES SUBMITTED TO THE VOTERS [9000 - 9611] ( Division 9 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. State Elections [9000 - 9096] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 3. Filing Petitions [9030 - 9035] ( Article 3 enacted by Stats. 1994, Ch. 920, Sec. 2. )
An initiative measure may be proposed by filing a petition with the Secretary of State that includes the text of the proposed measure and enough registered-voter signatures.
## Elections Code - ELEC ## DIVISION 9. MEASURES SUBMITTED TO THE VOTERS [9000 - 9611] ( Division 9 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. State Elections [9000 - 9096] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 3. Filing Petitions [9030 - 9035] ( Article 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 9035. An initiative measure may be proposed by presenting to the Secretary of State a petition that sets forth the text of the proposed statute or amendment to the Constitution and is certified to have been signed by registered voters equal in number to 5 percent in the case of a statute, and 8 percent in the case of an amendment to the Constitution, of the voters for all candidates for Governor at the last gubernatorial election preceding the issuance of the circulating title and summary for the initiative measure by the Attorney General. (Amended by Stats. 2009, Ch. 373, Sec. 30. (AB 753) Effective January 1, 2010.) - 9040. Verify source ↗
## Elections Code - ELEC ## DIVISION 9. MEASURES SUBMITTED TO THE VOTERS [9000 - 9611] ( Division 9 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. State Elections [9000 - 9096] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 4. Measures Proposed by the Legislature [9040 - 9044] ( Article 4 enacted by Stats. 1994, Ch. 920, Sec. 2. )
Most legislative measures submitted to voters must appear on the ballot at the first statewide election at least 131 days after adoption, but the Legislature can set a different statewide election date for certain constitutional amendment or revision measures if that date is still at least 131 days after adoption.
## Elections Code - ELEC ## DIVISION 9. MEASURES SUBMITTED TO THE VOTERS [9000 - 9611] ( Division 9 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. State Elections [9000 - 9096] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 4. Measures Proposed by the Legislature [9040 - 9044] ( Article 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 9040. (a) Every constitutional amendment, bond measure, or other legislative measure submitted to the people by the Legislature shall appear on the ballot of the first statewide election occurring at least 131 days after the adoption of the proposal by the Legislature. (b) Notwithstanding subdivision (a), the Legislature may specify, in the text of a measure that proposes an amendment or revision of the Constitution, that the constitutional amendment or revision submitted to the people shall appear on the ballot at a statewide election other than the election specified in subdivision (a), if the election specified in the measure would occur at least 131 days after adoption of the measure by the Legislature. (Amended by Stats. 2024, Ch. 449, Sec. 1. (SB 863) Effective January 1, 2025.) - 9041. Verify source ↗
## Elections Code - ELEC ## DIVISION 9. MEASURES SUBMITTED TO THE VOTERS [9000 - 9611] ( Division 9 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. State Elections [9000 - 9096] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 4. Measures Proposed by the Legislature [9040 - 9044] ( Article 4 enacted by Stats. 1994, Ch. 920, Sec. 2. )
When the Legislature submits a measure to voters, the measure’s author may draft the argument and may appoint limited additional people to help, but the argument is capped at 500 words and no more than three people may write it.
## Elections Code - ELEC ## DIVISION 9. MEASURES SUBMITTED TO THE VOTERS [9000 - 9611] ( Division 9 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. State Elections [9000 - 9096] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 4. Measures Proposed by the Legislature [9040 - 9044] ( Article 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 9041. Whenever the Legislature submits any measure to the voters of the state, the author of the measure and no more than two persons appointed by the author may draft an argument for the adoption of the measure, or the author of the measure may appoint no more than three persons to draft the argument. In no case shall more than three persons write the argument. This argument shall not exceed 500 words in length. If the author of the measure desires separate arguments to be written in its favor by each person appointed, separate arguments may be written, but the combined length of the arguments shall not exceed 500 words. (Enacted by Stats. 1994, Ch. 920, Sec. 2.) - 9042. Verify source ↗
## Elections Code - ELEC ## DIVISION 9. MEASURES SUBMITTED TO THE VOTERS [9000 - 9611] ( Division 9 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. State Elections [9000 - 9096] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 4. Measures Proposed by the Legislature [9040 - 9044] ( Article 4 enacted by Stats. 1994, Ch. 920, Sec. 2. )
If a legislative measure is not unanimously adopted, the Senate and Assembly each must appoint one dissenting member to write an argument against it, and the argument may not exceed 500 words.
## Elections Code - ELEC ## DIVISION 9. MEASURES SUBMITTED TO THE VOTERS [9000 - 9611] ( Division 9 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. State Elections [9000 - 9096] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 4. Measures Proposed by the Legislature [9040 - 9044] ( Article 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 9042. If a measure submitted to the voters by the Legislature was not adopted unanimously, one Member of the Senate who voted against it shall be appointed by the President pro Tempore of the Senate and one Member of the Assembly who voted against it shall be appointed by the Speaker of the Assembly, at the same time as appointments to draft an argument in its favor are made, to write an argument against the measure. An argument shall not exceed 500 words. If those members appointed to write an argument against the measure choose, each may write a separate argument opposing it, but the combined length of the two arguments shall not exceed 500 words. (Amended by Stats. 2005, Ch. 22, Sec. 58. Effective January 1, 2006.) - 9043. Verify source ↗
## Elections Code - ELEC ## DIVISION 9. MEASURES SUBMITTED TO THE VOTERS [9000 - 9611] ( Division 9 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. State Elections [9000 - 9096] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 4. Measures Proposed by the Legislature [9040 - 9044] ( Article 4 enacted by Stats. 1994, Ch. 920, Sec. 2. )
Legislators and their appointees must submit prepared arguments to the Secretary of State by the date the Secretary of State sets, and those arguments cannot be amended or changed after submission.
## Elections Code - ELEC ## DIVISION 9. MEASURES SUBMITTED TO THE VOTERS [9000 - 9611] ( Division 9 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. State Elections [9000 - 9096] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 4. Measures Proposed by the Legislature [9040 - 9044] ( Article 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 9043. Arguments prepared by legislators and their appointees shall be submitted to the Secretary of State no later than a date to be designated by the Secretary of State. The arguments may not be amended or changed after submission. (Enacted by Stats. 1994, Ch. 920, Sec. 2.) - 9044. Verify source ↗
## Elections Code - ELEC ## DIVISION 9. MEASURES SUBMITTED TO THE VOTERS [9000 - 9611] ( Division 9 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. State Elections [9000 - 9096] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 4. Measures Proposed by the Legislature [9040 - 9044] ( Article 4 enacted by Stats. 1994, Ch. 920, Sec. 2. )
If a legislative measure has no argument filed by a Member of the Legislature, any voter may ask the Secretary of State for permission to prepare and file an argument. If multiple voters ask to submit arguments on the same side, the Secretary of State must pick one voter to write it.
## Elections Code - ELEC ## DIVISION 9. MEASURES SUBMITTED TO THE VOTERS [9000 - 9611] ( Division 9 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. State Elections [9000 - 9096] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 4. Measures Proposed by the Legislature [9040 - 9044] ( Article 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 9044. If an argument for or an argument against a measure submitted to the voters by the Legislature has not been filed by a Member of the Legislature, any voter may request the Secretary of State’s permission to prepare and file an argument for either side, on which no argument has been prepared by a Member of the Legislature. The Secretary of State shall grant permission unless two or more voters request permission to submit arguments on the same side of a measure, in which event the Secretary of State shall designate one of the voters to write the argument. Any argument prepared pursuant to this section shall be submitted to the Secretary of State by a date sufficient to meet ballot printing deadlines. (Enacted by Stats. 1994, Ch. 920, Sec. 2.) - 9050. Verify source ↗
## Elections Code - ELEC ## DIVISION 9. MEASURES SUBMITTED TO THE VOTERS [9000 - 9611] ( Division 9 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. State Elections [9000 - 9096] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 5. Ballot Titles [9050 - 9054] ( Article 5 enacted by Stats. 1994, Ch. 920, Sec. 2. )
The Secretary of State must send ballot measures to the Attorney General, and the Attorney General must return ballot titles and summaries. The Secretary of State must then give county elections officials the ballot label, with timing rules that differ for statewide initiative, legislative, and referendum measures.
## Elections Code - ELEC ## DIVISION 9. MEASURES SUBMITTED TO THE VOTERS [9000 - 9611] ( Division 9 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. State Elections [9000 - 9096] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 5. Ballot Titles [9050 - 9054] ( Article 5 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 9050. (a) After the Secretary of State determines that a measure will appear on the ballot at the next statewide election, the Secretary of State shall promptly transmit a copy of the measure to the Attorney General. The Attorney General shall provide and return to the Secretary of State a ballot title and summary, as described in subdivision (b) of Section 303.5, and the condensed ballot title and summary prepared pursuant to Section 303 for each measure submitted to the voters of the whole state by a date sufficient to meet the state voter information guide public display deadlines. (b) (1) For each statewide initiative measure, or measure proposed by the Legislature, within one week after receiving the lists of supporters and opponents of a measure, the Secretary of State shall provide to county elections officials the ballot label, consisting of the condensed title and summary prepared by the Attorney General followed by the list of supporters and opponents, pursuant to Section 303.1. (2) For each statewide referendum measure, the Secretary of State shall provide to county elections officials the ballot label, consisting of the condensed title and summary prepared by the Attorney General. Commencing January 1, 2025, the condensed title and summary shall be followed by a listing of the names of supporters and opponents in the ballot arguments printed in the state voter information guide as described in subdivision (c) of Section 9051. (Amended by Stats. 2024, Ch. 80, Sec. 39. (SB 1525) Effective January 1, 2025.) - 9051. Verify source ↗
## Elections Code - ELEC ## DIVISION 9. MEASURES SUBMITTED TO THE VOTERS [9000 - 9611] ( Division 9 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. State Elections [9000 - 9096] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 5. Ballot Titles [9050 - 9054] ( Article 5 enacted by Stats. 1994, Ch. 920, Sec. 2. )
This section limits the word count and content of ballot titles, summaries, and labels, and requires the Attorney General to prepare them impartially.
## Elections Code - ELEC ## DIVISION 9. MEASURES SUBMITTED TO THE VOTERS [9000 - 9611] ( Division 9 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. State Elections [9000 - 9096] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 5. Ballot Titles [9050 - 9054] ( Article 5 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 9051. (a) (1) The ballot title and summary may differ from the legislative, circulating, or other title and summary of the measure and shall not exceed 100 words, not including the fiscal impact statement. (2) The ballot title and summary shall include a summary of the Legislative Analyst’s estimate of the net state and local government fiscal impact prepared pursuant to Section 9087 of this code and Section 88003 of the Government Code. (b) (1) The condensed ballot title and summary for a statewide initiative measure, or measure proposed by the Legislature, shall not contain more than 75 words and shall be a condensed version of the ballot title and summary including the financial impact summary prepared pursuant to Section 9087 of this code and Section 88003 of the Government Code. (2) The condensed title and summary for a statewide referendum measure shall not contain more than 75 words, including the ballot title that shall be in the form of a question as specified in Section 303.1. (c) (1) The ballot label for a statewide initiative measure, or measure proposed by the Legislature, shall include the condensed ballot title and summary described in paragraph (1) of subdivision (b), followed by the following: (A) After the text “Supporters:”, a listing of nonprofit organizations, businesses, or individuals taken from the signers or the text of the argument in favor of the ballot measure printed in the state voter information guide. The list of supporters shall not exceed 125 characters in length. Each supporter shall be separated by a semicolon. A nonprofit organization, business, or individual shall not be listed unless they support the ballot measure. (B) After the text “Opponents:”, a listing of nonprofit organizations, businesses, or individuals taken from the signers or the text of the argument against the ballot measure printed in the state voter information guide. The list of opponents shall not exceed 125 characters in length. Each opponent shall be separated by a semicolon. A nonprofit organization, business, or individual shall not be listed unless they oppose the ballot measure. (C) A supporter or opponent shall not be listed pursuant to subparagraph (A) or (B) unless it is one of the following: (i) A nonprofit organization that was not originally created as a committee described in Section 82013 of the Government Code, that has been in existence for at least four years, and that, during the four-year period prior to the time that the organization is listed pursuant to subparagraph (A) or (B), either has received contributions from more than 500 donors or has had at least one full-time employee. (ii) A business that has been in existence for at least four years and that has had at least one full-time employee during the four-year period prior to the time that the organization is listed pursuant to subparagraph (A) or (B). (iii) A current or former elected official, who may be listed with the official’s title (e.g., “State Senator Mary Smith,” “Assembly Member Carlos Garcia,” or “former Eureka City Council Member Amy Lee”). These titles may be shortened (e.g. “Senator” or “Sen.” for “State Senator” or “Asm.” for “Assembly Member”). (iv) An individual who is not a current or former elected official may be listed only with the individual’s first and last name and an honorific (e.g., “Dr.,” “M.D.,” “Ph.D.,” or “Esquire”), with no other title or designation, unless it is a title representing a nonprofit organization or business that meets the requirements of clause (i) or (ii) and that is eligible to be listed under subparagraph (A) if the individual supports the ballot measure or under subparagraph (B) if the individual opposes the ballot measure. (D) Spaces, commas, semicolons, and any other characters count towards the 125-character limit in subparagraphs (A) and (B). (E) A supporter or opponent shall not be listed pursuant to subparagraph (A) or (B) if the supporter or opponent is a political party or is representing a political party. (F) The name of a nonprofit organization or business included in the list of supporters and opponents as required by this subdivision may be shortened by the proponents or opponents who submit it using acronyms, abbreviations, or by leaving out words in the entity’s name, as long as doing so would not confuse voters with another well-known organization or business that did not take the same position on the ballot measure (e.g., “Hot Air Balloon Flyers of Montana Education Fund” may be shortened to “Hot Air Balloons Montana”). (G) Supporters and opponents listed on the ballot label pursuant to subparagraph (A) or (B) shall be added as text after the condensed ballot title and summary and shall be separated by semicolons. Supporters and opponents need not be displayed on separate horizontal lines on the ballot. If no list of supporters is provided by the proponents or there are none that meet the requirements of this section, then “Supporters:” shall be followed by “None submitted.” If no list of opponents is provided by the opponents or there are none that meet the requirements of this section, then “Opponents:” shall be followed by “None submitted.” (H) If the ballot emphasizes the text “Supporters:” or “Opponents:” by use of boldface font, underlining, or any other method that differentiates that text from the list of supporters or opponents that follow, the text “Supporters:” or “Opponents:” may be displayed with only the initial letter capitalized. If that text is not emphasized, then each letter of that text shall be capitalized. (I) If including the list of Supporters and Opponents in the ballot labels as required by this section would necessitate the printing of an extra ballot card compared to the ballot labels not including them, the type size of the part of all of the ballot labels starting with “Supporters:” may be reduced by the minimal amount needed to stop them from necessitating an extra ballot card, as long as the type size is no smaller than 8-point and as long as the type size is reduced by the same amount for all ballot measures. (2) (A) The proponents of a statewide initiative measure or measure proposed by the Legislature, or, commencing January 1, 2025, the supporters of the statute subject to a statewide referendum, shall provide the list of supporters described in subparagraph (A) of paragraph (1) to the Secretary of State when submitting the arguments supporting the ballot measure. (i) For every supporter listed that is a nonprofit organization, a business, or an individual whose title includes a nonprofit organization or business, the supporters shall include a signed statement by a representative of the nonprofit organization or business, under penalty of perjury, that includes its name and business address and that attests (I) that the nonprofit organization or business supports the measure, (II) that the nonprofit organization or business has been in existence for at least four years, (III) that the nonprofit organization or business has had at least one full-time employee for the last four years, or, if it is a nonprofit organization, that it has had at least 500 donors in the last four years, and (IV) that it was not originally created as a committee described in Section 82013 of the Government Code. (ii) For every supporter listed that is an individual, the proponents shall include a signed statement by the individual that includes the individual’s name and address and attests that the individual supports the measure. (B) The opponents of a statewide initiative measure or measure proposed by the Legislature, or, commencing January 1, 2025, the opponents of the statute subject to a statewide referendum, shall provide the list of opponents described in subparagraph (B) of paragraph (1) to the Secretary of State when submitting the arguments opposing the ballot measure. (i) For every opponent listed that is a nonprofit organization, a business, or an individual whose title includes a nonprofit organization or business, the opponents shall include a signed statement by a representative of the nonprofit organization or business, under penalty of perjury, that includes its name and business address and that attests (I) that the nonprofit organization or business opposes the measure, (II) that the nonprofit organization or business has been in existence for at least four years, (III) that the nonprofit organization or business has had at least one full-time employee for the last four years, or, if it is a nonprofit organization, that it has had at least 500 donors in the last four years, and (IV) that it was not originally created as a committee described in Section 82013 of the Government Code. (ii) For every opponent listed that is an individual, the opponents shall include a signed statement by the individual that includes the individual’s name and address and attests that the individual opposes the measure. (C) In order to enable the Secretary of State to determine whether the nonprofit organizations and businesses listed in the supporters or opponents have been in existence for at least four years, the proponents and opponents shall submit with the list of supporters and opponents described in subparagraphs (A) and (B) a certified copy of the articles of incorporation, articles of organization, or similar document for each nonprofit organization or business on the list that verifies that the nonprofit organization or business has been in existence for at least four years. (D) The Secretary of State shall confirm that a submission listing supporters or opponents includes the documentation required by subparagraphs (A) through (C) and otherwise meets the requirements of this section. The Secretary of State shall ask the proponents or opponents to resubmit a list if the requirements are not met. The Secretary of State may establish deadlines by when proponents or opponents must resubmit a list and any other documents required by the Secretary of State to meet the deadline in subdivision (b) of Section 9050. (d) (1) Commencing January 1, 2025, the ballot label for a statewide referendum measure shall include the condensed title and summary described in paragraph (2) of subdivision (b), followed by a listing of the names of supporters and opponents in the ballot arguments printed in the state voter information guide as described in subdivision (c). (2) For purposes of subparagraph (A) of paragraph (1) of subdivision (c), “Supporters” shall be listed on the ballot label as “Supporters of the law” for statewide referendum measures. (3) For purposes of subparagraph (B) of paragraph (1) of subdivision (c), “Opponents” shall be listed on the ballot label as “Opponents of the law” for statewide referendum measures. (e) In providing the ballot title and summary, the Attorney General shall give a true and impartial statement of the purpose of the measure in such language that the ballot title and summary shall neither be an argument, nor be likely to create prejudice, for or against the proposed measure. (f) The Attorney General shall invite and consider public comment in preparing each ballot title and summary. (Amended by Stats. 2024, Ch. 80, Sec. 40. (SB 1525) Effective January 1, 2025.) - 9053. Verify source ↗
## Elections Code - ELEC ## DIVISION 9. MEASURES SUBMITTED TO THE VOTERS [9000 - 9611] ( Division 9 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. State Elections [9000 - 9096] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 5. Ballot Titles [9050 - 9054] ( Article 5 enacted by Stats. 1994, Ch. 920, Sec. 2. )
Each measure must appear on the ballot under the ballot label certified by the Secretary of State.
## Elections Code - ELEC ## DIVISION 9. MEASURES SUBMITTED TO THE VOTERS [9000 - 9611] ( Division 9 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. State Elections [9000 - 9096] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 5. Ballot Titles [9050 - 9054] ( Article 5 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 9053. Each measure shall be designated on the ballot by the ballot label certified by the Secretary of State. (Amended by Stats. 2022, Ch. 751, Sec. 6. (AB 1416) Effective January 1, 2023.) - 9054. Verify source ↗
## Elections Code - ELEC ## DIVISION 9. MEASURES SUBMITTED TO THE VOTERS [9000 - 9611] ( Division 9 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. State Elections [9000 - 9096] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 5. Ballot Titles [9050 - 9054] ( Article 5 enacted by Stats. 1994, Ch. 920, Sec. 2. )
The Secretary of State must provide specified ballot translations to local governments when federal voting-rights language requirements apply, and local elections officials must use that translation.
## Elections Code - ELEC ## DIVISION 9. MEASURES SUBMITTED TO THE VOTERS [9000 - 9611] ( Division 9 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. State Elections [9000 - 9096] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 5. Ballot Titles [9050 - 9054] ( Article 5 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 9054. (a) Whenever a city, county, or city and county is required by Section 203 (52 U.S.C. Sec. 10503) or Section 4(f)(4) (52 U.S.C. Sec. 10303(f)(4)) of the federal Voting Rights Act of 1965 to provide a translation of ballot materials in a language other than English, the Secretary of State shall provide a translation of the ballot title and summary prepared pursuant to Sections 9050 and 9051 and of the ballot label prepared pursuant to Section 13247 in that language to the city, county, or city and county for each state measure submitted to the voters in a statewide election not later than 68 days before that election. (b) When preparing a translation in a language other than English pursuant to subdivision (a), the Secretary of State shall consult with an advisory body consisting of language experts and nonpartisan organizations that advocate on behalf of, or provide services to, individuals that speak that language. (c) All translations prepared pursuant to this section shall be made available for public examination in the same time and manner as the state voter information guide is made available for public examination in accordance with Section 88006 of the Government Code and Section 9092 of this code. (d) The local elections official shall use that translation of the ballot label on the state voter information guide and the official ballot and may not select or contract with another person to provide translations of the same text. (Amended by Stats. 2016, Ch. 422, Sec. 18. (AB 2911) Effective January 1, 2017.) - 9060. Verify source ↗
## Elections Code - ELEC ## DIVISION 9. MEASURES SUBMITTED TO THE VOTERS [9000 - 9611] ( Division 9 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. State Elections [9000 - 9096] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 6. Arguments Concerning Measures Submitted to Voters [9060 - 9069] ( Article 6 enacted by Stats. 1994, Ch. 920, Sec. 2. )
If either side’s ballot argument is not prepared and filed, the Secretary of State must use a general press release to ask voters to submit arguments.
## Elections Code - ELEC ## DIVISION 9. MEASURES SUBMITTED TO THE VOTERS [9000 - 9611] ( Division 9 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. State Elections [9000 - 9096] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 6. Arguments Concerning Measures Submitted to Voters [9060 - 9069] ( Article 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 9060. In case either the argument for or the argument against any measure placed on the ballot is not prepared and filed, the Secretary of State shall, by a general press release, request voters to submit arguments. (Enacted by Stats. 1994, Ch. 920, Sec. 2.) - 9061. Verify source ↗
## Elections Code - ELEC ## DIVISION 9. MEASURES SUBMITTED TO THE VOTERS [9000 - 9611] ( Division 9 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. State Elections [9000 - 9096] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 6. Arguments Concerning Measures Submitted to Voters [9060 - 9069] ( Article 6 enacted by Stats. 1994, Ch. 920, Sec. 2. )
The press release must be mailed at least 120 days before the election where the measure will be voted on.
## Elections Code - ELEC ## DIVISION 9. MEASURES SUBMITTED TO THE VOTERS [9000 - 9611] ( Division 9 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. State Elections [9000 - 9096] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 6. Arguments Concerning Measures Submitted to Voters [9060 - 9069] ( Article 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 9061. The press release shall be mailed at least 120 days prior to the date of the election at which a measure is to be voted upon. (Amended by Stats. 1995, Ch. 345, Sec. 1. Effective January 1, 1996.) - 9062. Verify source ↗
## Elections Code - ELEC ## DIVISION 9. MEASURES SUBMITTED TO THE VOTERS [9000 - 9611] ( Division 9 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. State Elections [9000 - 9096] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 6. Arguments Concerning Measures Submitted to Voters [9060 - 9069] ( Article 6 enacted by Stats. 1994, Ch. 920, Sec. 2. )
A press release must announce a measure by summarizing its essential nature or purpose, stating that one or both arguments were not filed, and inviting voters or groups of voters to file arguments with the Secretary of State within the time limit.
## Elections Code - ELEC ## DIVISION 9. MEASURES SUBMITTED TO THE VOTERS [9000 - 9611] ( Division 9 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. State Elections [9000 - 9096] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 6. Arguments Concerning Measures Submitted to Voters [9060 - 9069] ( Article 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 9062. The press release shall consist of an announcement containing: (a) A summary of the essential nature or purpose of the measure for or against which no argument has been prepared or filed. (b) A statement that the affirmative or negative arguments, or both, have not been filed. (c) An invitation to any voter or group of voters to submit and file with the Secretary of State, within the time limit, arguments for or against the measure as to which affirmative or negative arguments have not been filed. (Enacted by Stats. 1994, Ch. 920, Sec. 2.) - 9063. Verify source ↗
## Elections Code - ELEC ## DIVISION 9. MEASURES SUBMITTED TO THE VOTERS [9000 - 9611] ( Division 9 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. State Elections [9000 - 9096] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 6. Arguments Concerning Measures Submitted to Voters [9060 - 9069] ( Article 6 enacted by Stats. 1994, Ch. 920, Sec. 2. )
For measure summaries in a press release, the official circulating title and summary must be the Attorney General’s version; for all other measures, the Legislative Counsel Bureau must prepare the summary.
## Elections Code - ELEC ## DIVISION 9. MEASURES SUBMITTED TO THE VOTERS [9000 - 9611] ( Division 9 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. State Elections [9000 - 9096] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 6. Arguments Concerning Measures Submitted to Voters [9060 - 9069] ( Article 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 9063. The summary of a measure given in the press release shall be the official circulating title and summary that has been prepared by the Attorney General. The Legislative Counsel Bureau shall prepare the summary on all other measures. (Amended by Stats. 2009, Ch. 373, Sec. 37. (AB 753) Effective January 1, 2010.) - 9064. Verify source ↗
## Elections Code - ELEC ## DIVISION 9. MEASURES SUBMITTED TO THE VOTERS [9000 - 9611] ( Division 9 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. State Elections [9000 - 9096] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 6. Arguments Concerning Measures Submitted to Voters [9060 - 9069] ( Article 6 enacted by Stats. 1994, Ch. 920, Sec. 2. )
Any voter or group of voters may file an argument for or against a measure with the Secretary of State, if no argument has already been prepared or filed, and the argument must be 500 words or fewer.
## Elections Code - ELEC ## DIVISION 9. MEASURES SUBMITTED TO THE VOTERS [9000 - 9611] ( Division 9 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. State Elections [9000 - 9096] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 6. Arguments Concerning Measures Submitted to Voters [9060 - 9069] ( Article 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 9064. Any voter or group of voters may, at any time within the time limit, prepare and file with the Secretary of State an argument for or against any measure as to which arguments have not been prepared or filed. This argument shall not exceed 500 words in length. (Enacted by Stats. 1994, Ch. 920, Sec. 2.) - 9065. Verify source ↗
## Elections Code - ELEC ## DIVISION 9. MEASURES SUBMITTED TO THE VOTERS [9000 - 9611] ( Division 9 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. State Elections [9000 - 9096] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 6. Arguments Concerning Measures Submitted to Voters [9060 - 9069] ( Article 6 enacted by Stats. 1994, Ch. 920, Sec. 2. )
A ballot argument cannot be accepted unless it includes required contact and authorization information, and a signer may not identify themselves as a candidate for office in connection with that signature.
## Elections Code - ELEC ## DIVISION 9. MEASURES SUBMITTED TO THE VOTERS [9000 - 9611] ( Division 9 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. State Elections [9000 - 9096] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 6. Arguments Concerning Measures Submitted to Voters [9060 - 9069] ( Article 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 9065. A ballot argument shall not be accepted under this article unless accompanied by all of the following: (a) The name, business or home address, and telephone number of each person submitting the argument. (b) If the argument is submitted on behalf of an organization, the name, business address, and telephone number of the organization and of at least two of its principal officers. (c) The name, business or home address, and telephone number of a contact person for each individual or organization submitting the argument. (d) If the argument is signed by anyone other than the proponent or legislative author, the name and official title of the person or persons authorized by the proponent to sign the argument. (e) The signed statement required by Section 9600. (f) No person signing an argument for or against a measure or a rebuttal to an argument for or against a measure may identify himself or herself in reference to that signature as a candidate for any office. (Enacted by Stats. 1994, Ch. 920, Sec. 2.) - 9067. Verify source ↗
## Elections Code - ELEC ## DIVISION 9. MEASURES SUBMITTED TO THE VOTERS [9000 - 9611] ( Division 9 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. State Elections [9000 - 9096] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 6. Arguments Concerning Measures Submitted to Voters [9060 - 9069] ( Article 6 enacted by Stats. 1994, Ch. 920, Sec. 2. )
If multiple arguments are filed for or against a measure, the Secretary of State must choose one to print in the state voter information guide.
## Elections Code - ELEC ## DIVISION 9. MEASURES SUBMITTED TO THE VOTERS [9000 - 9611] ( Division 9 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. State Elections [9000 - 9096] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 6. Arguments Concerning Measures Submitted to Voters [9060 - 9069] ( Article 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 9067. (a) If more than one argument for, or more than one argument against, a measure is filed within the time prescribed, the Secretary of State shall select one of the arguments for printing in the state voter information guide. In selecting the argument the Secretary of State shall give preference and priority in the order named to the arguments of the following: (1) In the case of a measure submitted by the Legislature, Members of the Legislature. (2) In the case of an initiative or referendum measure, the proponent of the measure. (3) Bona fide associations of citizens. (4) Individual voters. (b) In order to enable the Secretary of State to determine whether it qualifies as a bona fide association of citizens, an organization or association submitting an argument for or against a measure shall submit with its argument a copy of one of the following: (1) Its articles of incorporation, articles of association, partnership documents, bylaws, or similar documents. (2) Letterhead containing the name of the organization and its principal officers. (3) If the organization or association is a primarily formed committee established to support or oppose the measure, its statement of organization filed pursuant to Section 84101 of the Government Code. (c) In selecting an argument from among bona fide associations of citizens, the Secretary of State shall not consider the type of documentation submitted pursuant to subdivision (b) or the form of the association. (Amended by Stats. 2018, Ch. 92, Sec. 61. (SB 1289) Effective January 1, 2019.) - 9068. Verify source ↗
## Elections Code - ELEC ## DIVISION 9. MEASURES SUBMITTED TO THE VOTERS [9000 - 9611] ( Division 9 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. State Elections [9000 - 9096] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 6. Arguments Concerning Measures Submitted to Voters [9060 - 9069] ( Article 6 enacted by Stats. 1994, Ch. 920, Sec. 2. )
If requested, the Secretary of State must provide the name and telephone number for each signer of a ballot argument printed in the state voter information guide.
## Elections Code - ELEC ## DIVISION 9. MEASURES SUBMITTED TO THE VOTERS [9000 - 9611] ( Division 9 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. State Elections [9000 - 9096] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 6. Arguments Concerning Measures Submitted to Voters [9060 - 9069] ( Article 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 9068. (a) No more than three signatures shall appear with an argument printed in the state voter information guide. In case an argument is signed by more than three persons the signatures of the first three shall be printed. (b) The Secretary of State shall provide, upon request, the name of, and a telephone number for, each signer of a ballot argument printed in the state voter information guide. (Amended by Stats. 2016, Ch. 422, Sec. 20. (AB 2911) Effective January 1, 2017.) - 9069. Verify source ↗
## Elections Code - ELEC ## DIVISION 9. MEASURES SUBMITTED TO THE VOTERS [9000 - 9611] ( Division 9 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. State Elections [9000 - 9096] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 6. Arguments Concerning Measures Submitted to Voters [9060 - 9069] ( Article 6 enacted by Stats. 1994, Ch. 920, Sec. 2. )
The Secretary of State must send the opposing sides’ arguments to each set of authors within five days, and authors may prepare a rebuttal argument up to 250 words or authorize someone else to do so.
## Elections Code - ELEC ## DIVISION 9. MEASURES SUBMITTED TO THE VOTERS [9000 - 9611] ( Division 9 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. State Elections [9000 - 9096] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 6. Arguments Concerning Measures Submitted to Voters [9060 - 9069] ( Article 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 9069. When the Secretary of State has received the arguments that will be printed in the state voter information guide, the Secretary of State, within five days of receipt of the arguments, shall send copies of the arguments in favor of the proposition to the authors of the arguments against and copies of the arguments against to the authors of the arguments in favor. The authors may prepare and submit rebuttal arguments not exceeding 250 words, or may authorize in writing another person or persons to prepare, submit, or sign the rebuttal argument. The rebuttal arguments shall be filed with the Secretary of State no later than a date to be designated by the Secretary of State. Rebuttal arguments shall be printed in the same manner as the direct arguments. Each rebuttal argument shall immediately follow the direct argument that it seeks to rebut. (Amended by Stats. 2016, Ch. 422, Sec. 21. (AB 2911) Effective January 1, 2017.) - 9080. Verify source ↗
## Elections Code - ELEC ## DIVISION 9. MEASURES SUBMITTED TO THE VOTERS [9000 - 9611] ( Division 9 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. State Elections [9000 - 9096] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 7. State Voter Information Guide [9080 - 9096] ( Heading of Article 7 amended by Stats. 2016, Ch. 422, Sec. 22. )
Sections 9084 to 9093 are restated and must be construed in conformity with Government Code Sections 88001 to 88007.
## Elections Code - ELEC ## DIVISION 9. MEASURES SUBMITTED TO THE VOTERS [9000 - 9611] ( Division 9 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. State Elections [9000 - 9096] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 7. State Voter Information Guide [9080 - 9096] ( Heading of Article 7 amended by Stats. 2016, Ch. 422, Sec. 22. ) ## 9080. The provisions of Sections 9084 to 9093, inclusive, are a restatement of, and shall be construed in conformity with, Sections 88001 to 88007, inclusive, of the Government Code. (Enacted by Stats. 1994, Ch. 920, Sec. 2.) - 9081. Verify source ↗
## Elections Code - ELEC ## DIVISION 9. MEASURES SUBMITTED TO THE VOTERS [9000 - 9611] ( Division 9 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. State Elections [9000 - 9096] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 7. State Voter Information Guide [9080 - 9096] ( Heading of Article 7 amended by Stats. 2016, Ch. 422, Sec. 22. )
California must have a state voter information guide, and the Secretary of State must prepare it.
## Elections Code - ELEC ## DIVISION 9. MEASURES SUBMITTED TO THE VOTERS [9000 - 9611] ( Division 9 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. State Elections [9000 - 9096] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 7. State Voter Information Guide [9080 - 9096] ( Heading of Article 7 amended by Stats. 2016, Ch. 422, Sec. 22. ) ## 9081. There shall be a state voter information guide, that the Secretary of State shall prepare. (Amended by Stats. 2016, Ch. 422, Sec. 23. (AB 2911) Effective January 1, 2017.) - 9082. Verify source ↗
## Elections Code - ELEC ## DIVISION 9. MEASURES SUBMITTED TO THE VOTERS [9000 - 9611] ( Division 9 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. State Elections [9000 - 9096] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 7. State Voter Information Guide [9080 - 9096] ( Heading of Article 7 amended by Stats. 2016, Ch. 422, Sec. 22. )
The Secretary of State must have enough state voter information guides printed, and usually they must be printed by the Office of State Printing.
## Elections Code - ELEC ## DIVISION 9. MEASURES SUBMITTED TO THE VOTERS [9000 - 9611] ( Division 9 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. State Elections [9000 - 9096] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 7. State Voter Information Guide [9080 - 9096] ( Heading of Article 7 amended by Stats. 2016, Ch. 422, Sec. 22. ) ## 9082. The Secretary of State shall cause to be printed as many state voter information guides as needed to comply with this code. The state voter information guides shall be printed in the Office of State Printing unless the Director of General Services determines that the printing of the guides in the Office of State Printing cannot be done adequately, competently, or satisfactorily, in which case the Secretary of State, subject to the approval of the Director of General Services, shall contract with a private printing concern for the printing of all or a part of the guides. Copy for preparation of the state voter information guides shall be furnished to the Office of State Printing at least 40 days before the date for required delivery to the elections officials as provided in Section 9094. (Amended by Stats. 2016, Ch. 422, Sec. 24. (AB 2911) Effective January 1, 2017.) - 9082.5. Verify source ↗
## Elections Code - ELEC ## DIVISION 9. MEASURES SUBMITTED TO THE VOTERS [9000 - 9611] ( Division 9 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. State Elections [9000 - 9096] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 7. State Voter Information Guide [9080 - 9096] ( Heading of Article 7 amended by Stats. 2016, Ch. 422, Sec. 22. )
The Secretary of State must produce an audio recorded version of the state voter information guide.
## Elections Code - ELEC ## DIVISION 9. MEASURES SUBMITTED TO THE VOTERS [9000 - 9611] ( Division 9 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. State Elections [9000 - 9096] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 7. State Voter Information Guide [9080 - 9096] ( Heading of Article 7 amended by Stats. 2016, Ch. 422, Sec. 22. ) ## 9082.5. The Secretary of State shall cause to be produced an audio recorded version of the state voter information guide. This audio recorded version shall be made available in quantities to be determined by the Secretary of State and shall contain an impartial summary, arguments for and against, rebuttal arguments, and other information concerning each measure that the Secretary of State determines will make the audio recorded version of the state voter information guide easier to understand or more useful to the average voter. (Amended by Stats. 2016, Ch. 422, Sec. 25. (AB 2911) Effective January 1, 2017.) - 9082.7. Verify source ↗
## Elections Code - ELEC ## DIVISION 9. MEASURES SUBMITTED TO THE VOTERS [9000 - 9611] ( Division 9 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. State Elections [9000 - 9096] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 7. State Voter Information Guide [9080 - 9096] ( Heading of Article 7 amended by Stats. 2016, Ch. 422, Sec. 22. )
The Secretary of State must publish the state voter information guide online and include ballot-measure and candidate information, contribution totals, contributor lists, and accessibility-compliant content.
## Elections Code - ELEC ## DIVISION 9. MEASURES SUBMITTED TO THE VOTERS [9000 - 9611] ( Division 9 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. State Elections [9000 - 9096] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 7. State Voter Information Guide [9080 - 9096] ( Heading of Article 7 amended by Stats. 2016, Ch. 422, Sec. 22. ) ## 9082.7. (a) The Secretary of State shall make available the complete state voter information guide over the Internet. The online version of the state voter information guide shall contain all of the following: (1) For each candidate listed in the guide, a means to access campaign contribution disclosure reports for the candidate that are available online. (2) For each state ballot measure listed in the guide, a means to access the consolidated information specified in subdivision (b). (b) The Secretary of State shall create an Internet Web site, or use other available technology, to consolidate information about each state ballot measure in a manner that is easy for voters to access and understand. The information shall include all of the following: (1) A summary of the ballot measure’s content. (2) The total amount of reported contributions made in support of and opposition to the ballot measure, calculated and updated as follows: (A) (i) The total amount of contributions in support of the ballot measure shall be calculated by adding together the total amounts of contributions made in support of the ballot measure and reported in semiannual statements required by Section 84200 of the Government Code, preelection statements required by Section 84200.5 of the Government Code, campaign statements required by Section 84202.3 of the Government Code, and late contribution reports required by Section 84203 of the Government Code that are reported within 16 days of the election at which the measure will appear on the ballot. (ii) The total amount of contributions in opposition to the ballot measure shall be calculated by adding together the total amounts of contributions made in opposition to the ballot measure and reported in semiannual statements required by Section 84200 of the Government Code, preelection statements required by Section 84200.5 of the Government Code, campaign statements required by Section 84202.3 of the Government Code, and late contribution reports required by Section 84203 of the Government Code that are reported within 16 days of the election at which the measure will appear on the ballot. (iii) For purposes of determining the total amount of reported contributions pursuant to this subparagraph, the Secretary of State shall, to the extent practicable with respect to committees primarily formed to support or oppose a ballot measure, do both of the following: (I) Ensure that transfers of funds between primarily formed committees are not counted twice. (II) Treat a contribution made to a primarily formed committee that supports or opposes more than one state ballot measure as if the total amount of that contribution was made for each state ballot measure that the committee supports or opposes. (B) The total amount of reported contributions calculated under this paragraph for each state ballot measure shall be updated not later than five business days after receipt of a semiannual statement, campaign statement, or preelection statement and not later than two business days after receipt of a late contribution report within 16 days of the election at which the measure will appear on the ballot. (C) The total amount of reported contributions calculated under this paragraph for each state ballot measure shall be accompanied by an explanation that the contribution totals may be overstated due to the inclusion of contributions made to committees supporting or opposing more than one state ballot measure, as required by subclause (II) of clause (iii) of subparagraph (A). (3) A current list of the top 10 contributors supporting and opposing the ballot measure, if compiled by the Fair Political Practices Commission pursuant to subdivision (e) of Section 84223 of the Government Code. (4) (A) A list of each committee primarily formed to support or oppose the ballot measure, as described in Section 82047.5 of the Government Code, and a means to access information about the sources of contributions reported for each committee. (B) Information about the sources of contributions shall be updated as new information becomes available to the public pursuant to the Political Reform Act of 1974 (Title 9 (commencing with Section 81000) of the Government Code). (C) If a committee identified in subparagraph (A) receives one million dollars ($1,000,000) or more in contributions for an election, the Secretary of State shall provide a means to access online information about the committee’s top 10 contributors reported to the Fair Political Practices Commission pursuant to subdivision (a) of Section 84223 of the Government Code. (D) Notwithstanding paragraph (1) of subdivision (c) of Section 84223 of the Government Code, the Fair Political Practices Commission shall automatically provide any list of top 10 contributors created pursuant to Section 84223 of the Government Code, and any subsequent updates to that list, to the Secretary of State for purposes of compliance with this section. (5) Any other information deemed relevant by the Secretary of State. (c) Information made available over the Internet pursuant to this section shall meet or exceed the most current, ratified standards under Section 508 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794d), as amended, and the Web Content Accessibility Guidelines 2.0 adopted by the World Wide Web Consortium for accessibility. The Secretary of State may also implement recommendations of the Voting Accessibility Advisory Committee made pursuant to paragraph (4) of subdivision (b) of Section 2053. (Amended by Stats. 2016, Ch. 422, Sec. 26. (AB 2911) Effective January 1, 2017.) - 9083. Verify source ↗
## Elections Code - ELEC ## DIVISION 9. MEASURES SUBMITTED TO THE VOTERS [9000 - 9611] ( Division 9 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. State Elections [9000 - 9096] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 7. State Voter Information Guide [9080 - 9096] ( Heading of Article 7 amended by Stats. 2016, Ch. 422, Sec. 22. )
When a ballot asks whether to confirm a Supreme Court or court of appeal justice, the Secretary of State must add a written explanation of the electoral procedure to the state voter information guide.
## Elections Code - ELEC ## DIVISION 9. MEASURES SUBMITTED TO THE VOTERS [9000 - 9611] ( Division 9 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. State Elections [9000 - 9096] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 7. State Voter Information Guide [9080 - 9096] ( Heading of Article 7 amended by Stats. 2016, Ch. 422, Sec. 22. ) ## 9083. If the ballot contains a question as to the confirmation of a justice of the Supreme Court or a court of appeal, the Secretary of State shall include in the state voter information guide a written explanation of the electoral procedure for justices of the Supreme Court and the courts of appeal. The explanation shall state the following: “Under the California Constitution, justices of the Supreme Court and the courts of appeal are subject to confirmation by the voters. The public votes “yes” or “no” on whether to retain each justice. “These judicial offices are nonpartisan. “Before a person can become an appellate justice, the Governor must submit the candidate’s name to the Judicial Nominees Evaluation Commission, which is comprised of public members and lawyers. The commission conducts a thorough review of the candidate’s background and qualifications, with community input, and then forwards its evaluation of the candidate to the Governor. “The Governor then reviews the commission’s evaluation and officially nominates the candidate, whose qualifications are subject to public comment before examination and review by the Commission on Judicial Appointments. That commission consists of the Chief Justice of California, the Attorney General of California, and a senior Presiding Justice of the Courts of Appeal. The Commission on Judicial Appointments must then confirm or reject the nomination. Only if confirmed does the nominee become a justice. “Following confirmation, the justice is sworn into office and is subject to voter approval at the next gubernatorial election, and thereafter at the conclusion of each term. The term prescribed by the California Constitution for justices of the Supreme Court and courts of appeal is 12 years. Justices are confirmed by the Commission on Judicial Appointments only until the next gubernatorial election, at which time they run for retention of the remainder of the term, if any, of their predecessor, which will be either four or eight years.” (Amended by Stats. 2016, Ch. 422, Sec. 27. (AB 2911) Effective January 1, 2017.) - 9083.5. Verify source ↗
## Elections Code - ELEC ## DIVISION 9. MEASURES SUBMITTED TO THE VOTERS [9000 - 9611] ( Division 9 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. State Elections [9000 - 9096] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 7. State Voter Information Guide [9080 - 9096] ( Heading of Article 7 amended by Stats. 2016, Ch. 422, Sec. 22. )
The Secretary of State must add a written explanation of election procedures to the state voter information guide when certain candidates appear on the ballot, and related printed notices must be placed in precinct supplies.
## Elections Code - ELEC ## DIVISION 9. MEASURES SUBMITTED TO THE VOTERS [9000 - 9611] ( Division 9 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. State Elections [9000 - 9096] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 7. State Voter Information Guide [9080 - 9096] ( Heading of Article 7 amended by Stats. 2016, Ch. 422, Sec. 22. ) ## 9083.5. (a) If a candidate for nomination or election to a partisan office will appear on the ballot, the Secretary of State shall include in the state voter information guide a written explanation of the election procedure for such offices. The explanation shall read substantially similar to the following: PARTY-NOMINATED/PARTISAN OFFICES Under the California Constitution, political parties may formally nominate candidates for party-nominated/partisan offices at the primary election. A candidate so nominated will then represent that party as its official candidate for the office in question at the ensuing general election and the ballot will reflect an official designation to that effect. The top votegetter for each party at the primary election is entitled to participate in the general election. Parties also elect officers of official party committees at a partisan primary. No voter may vote in the primary election of any political party other than the party he or she has disclosed a preference for upon registering to vote. However, a political party may authorize a person who has declined to disclose a party preference to vote in that party’s primary election. (b) If any candidate for nomination or election to a voter-nominated office will appear on the ballot, the Secretary of State shall include in the state voter information guide a written explanation of the election procedure for such offices. The explanation shall read substantially similar to the following: VOTER-NOMINATED OFFICES Under the California Constitution, political parties are not entitled to formally nominate candidates for voter-nominated offices at the primary election. A candidate nominated for a voter-nominated office at the primary election is the nominee of the people and not the official nominee of any party at the following general election. A candidate for nomination or election to a voter-nominated office shall have his or her party preference, or lack of party preference, reflected on the primary and general election ballot, but the party preference designation is selected solely by the candidate and is shown for the information of the voters only. It does not constitute or imply an endorsement of the candidate by the party designated, or affiliation between the party and candidate, and no candidate nominated by the qualified voters for any voter-nominated office shall be deemed to be the officially nominated candidate of any political party. The parties may list the candidates for voter-nominated offices who have received the official endorsement of the party in the county voter information guide. All voters may vote for any candidate for a voter-nominated office, provided they meet the other qualifications required to vote for that office. The top two votegetters at the primary election advance to the general election for the voter-nominated office, even if both candidates have specified the same party preference designation. A party is not entitled to have a candidate with its party preference designation participate in the general election unless such candidate is one of the two highest votegetters at the primary election. (c) If any candidate for nomination or election to a nonpartisan office, other than judicial office, shall appear on the ballot, the Secretary of State shall include in the state voter information guide a written explanation of the election procedure for such offices. The explanation shall read substantially similar to the following: NONPARTISAN OFFICES Under the California Constitution, political parties are not entitled to nominate candidates for nonpartisan offices at the primary election, and a candidate nominated for a nonpartisan office at the primary election is not the official nominee of any party for the office in question at the ensuing general election. A candidate for nomination or election to a nonpartisan office may NOT designate his or her party preference, or lack of party preference, on the primary and general election ballot. The top two votegetters at the primary election advance to the general election for the nonpartisan office. (d) Posters or other printed materials containing the notices specified in subdivisions (a) to (c), inclusive, shall be included in the precinct supplies pursuant to Section 14105. (Amended by Stats. 2016, Ch. 422, Sec. 28. (AB 2911) Effective January 1, 2017.) - 9084. Verify source ↗
## Elections Code - ELEC ## DIVISION 9. MEASURES SUBMITTED TO THE VOTERS [9000 - 9611] ( Division 9 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. State Elections [9000 - 9096] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 7. State Voter Information Guide [9080 - 9096] ( Heading of Article 7 amended by Stats. 2016, Ch. 422, Sec. 22. )
The state voter information guide must include specified election information and materials, and a U.S. Senate candidate may buy space for a statement up to 250 words.
## Elections Code - ELEC ## DIVISION 9. MEASURES SUBMITTED TO THE VOTERS [9000 - 9611] ( Division 9 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. State Elections [9000 - 9096] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 7. State Voter Information Guide [9080 - 9096] ( Heading of Article 7 amended by Stats. 2016, Ch. 422, Sec. 22. ) ## 9084. The state voter information guide shall contain all of the following: (a) A complete copy of each state measure. (b) (1) Except as provided in paragraph (2), before each state measure, a conspicuous notice that identifies the location on the Secretary of State’s internet website of the specific constitutional or statutory provision that the state measure would repeal or revise. (2) The text of a measure relating to debts and liabilities, including a bond measure, shall be printed in the state voter information guide as required by Section 1 of Article XVI of the California Constitution. (c) A copy of the arguments and rebuttals for and against each state measure. (d) A copy of the analysis of each state measure. (e) Tables of contents, indexes, art work, graphics, and other materials that the Secretary of State determines will make the state voter information guide easier to understand or more useful for the average voter. (f) A notice, conspicuously printed on the cover of the state voter information guide, indicating that additional copies of the state voter information guide will be mailed by the county elections official upon request. (g) A written explanation of the judicial retention procedure as required by Section 9083. (h) The Voter Bill of Rights pursuant to Section 2300. (i) If the ballot contains an election for the office of United States Senator, information on candidates for United States Senator. A candidate for United States Senator may purchase the space to place a statement in the state voter information guide that does not exceed 250 words. The statement shall not make any reference to any opponent of the candidate. The statement shall be submitted in accordance with timeframes and procedures set forth by the Secretary of State for the preparation of the state voter information guide. (j) If the ballot contains a question on the confirmation or retention of a justice of the Supreme Court, information on justices of the Supreme Court who are subject to confirmation or retention. (k) If the ballot contains an election for the offices of President and Vice President of the United States, a notice that refers voters to the Secretary of State’s internet website for information about candidates for the offices of President and Vice President of the United States. (l) A written explanation of the appropriate election procedures for party-nominated, voter-nominated, and nonpartisan offices as required by Section 9083.5. (m) A written explanation of the top 10 contributor lists required by Section 84223 of the Government Code, including a description of the internet websites where those lists are available to the public. (Amended by Stats. 2019, Ch. 29, Sec. 76. (SB 82) Effective June 27, 2019.) - 9085. Verify source ↗
## Elections Code - ELEC ## DIVISION 9. MEASURES SUBMITTED TO THE VOTERS [9000 - 9611] ( Division 9 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. State Elections [9000 - 9096] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 7. State Voter Information Guide [9080 - 9096] ( Heading of Article 7 amended by Stats. 2016, Ch. 422, Sec. 22. )
The state voter information guide must include a front section that briefly explains the general meaning and effect of “yes” and “no” votes on each state measure.
## Elections Code - ELEC ## DIVISION 9. MEASURES SUBMITTED TO THE VOTERS [9000 - 9611] ( Division 9 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. State Elections [9000 - 9096] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 7. State Voter Information Guide [9080 - 9096] ( Heading of Article 7 amended by Stats. 2016, Ch. 422, Sec. 22. ) ## 9085. (a) The state voter information guide shall also contain a section, located near the front of the guide, that provides a concise summary of the general meaning and effect of “yes” and “no” votes on each state measure. (b) The summary statements required by this section shall be prepared by the Legislative Analyst. These statements are not intended to provide comprehensive information on each measure. The Legislative Analyst shall be solely responsible for determining the contents of these statements. The statements shall be available for public examination and amendment pursuant to Section 9092. (Amended by Stats. 2016, Ch. 422, Sec. 30. (AB 2911) Effective January 1, 2017.) - 9086. Verify source ↗
## Elections Code - ELEC ## DIVISION 9. MEASURES SUBMITTED TO THE VOTERS [9000 - 9611] ( Division 9 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. State Elections [9000 - 9096] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 7. State Voter Information Guide [9080 - 9096] ( Heading of Article 7 amended by Stats. 2016, Ch. 422, Sec. 22. )
The state voter information guide must include specified information for each state measure, and the Secretary of State has duties about referendum top funders and website notices.
## Elections Code - ELEC ## DIVISION 9. MEASURES SUBMITTED TO THE VOTERS [9000 - 9611] ( Division 9 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. State Elections [9000 - 9096] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 7. State Voter Information Guide [9080 - 9096] ( Heading of Article 7 amended by Stats. 2016, Ch. 422, Sec. 22. ) ## 9086. The state voter information guide shall contain as to each state measure to be voted upon, the following, in the order set forth in this section: (a) (1) Upon the top portion of the first page, and not exceeding one-third of the page, shall appear: (A) Identification of the measure by number and title. (B) The official summary prepared by the Attorney General. (i) For a statewide referendum measure, the official summary prepared by the Attorney General shall precede all of the following in the order set forth in this clause: (I) A blank horizontal line. (II) After the text “TOP FUNDERS OF PETITION TO OVERTURN THE LAW:” a listing of the three persons who made the most aggregated contributions and expenditures of $50,000 or more to qualify the referendum as of the last day petitions are filed with an elections official. A person who is required to be listed after the official summary pursuant to this clause is a “top funder.” (III) If a person that is a primarily formed ballot measure committee within the meaning of Section 82047.5 of the Government Code or a general purpose committee within the meaning of Section 82027.5 of the Government Code is one of the persons who made the most aggregated contributions and expenditures to qualify the referendum as of the last day petitions are filed with an elections official, the primarily formed committee or general purpose committee shall not be listed as a top funder pursuant to subclause (II), and, instead, the highest contributors to the primarily formed committee or general purpose committee within the prior 90 days shall be listed as top funders pursuant to subclause (II) if their contributions to the primarily formed committee or general purpose committee, combined with all other contributions and expenditures to qualify the referendum, qualify the person or persons as top funders. (ii) The name of a top funder may be shortened at the discretion of the Secretary of State by using acronyms, abbreviations, or by leaving out words in the entity’s name, as long as doing so would not confuse or mislead voters about the identity of a top funder. (iii) Each top funder shall be printed in a font size that is the same as a majority of the text on the page and separated by a semicolon. (iv) The Secretary of State shall determine the list of top funders no later than the date a referendum qualifies for the ballot. (C) The total number of votes cast for and against the measure in both the State Senate and Assembly, if the measure was passed by the Legislature. (2) The space in the title and summary that is used for an explanatory table prepared pursuant to paragraph (2) of subdivision (e) of Section 9087 and Section 88003 of the Government Code shall not be included when measuring the amount of space the information described in paragraph (1) has taken for purposes of determining compliance with the restriction prohibiting the information described in paragraph (1) from exceeding one-third of the page. (b) Beginning at the top of the right page shall appear the analysis prepared by the Legislative Analyst if the analysis fits on a single page. If it does not fit on a single page, the analysis shall begin on the lower portion of the first left page and shall continue on subsequent pages until it is completed. (c) Immediately below the analysis prepared by the Legislative Analyst shall appear a printed statement that refers voters to the Secretary of State’s internet website for a list of committees primarily formed to support or oppose a ballot measure, and information on how to access the committee’s top 10 contributors. (d) Arguments for and against the measure shall be placed on the next left and right pages, respectively, following the final page of the analysis of the Legislative Analyst. The rebuttals shall be placed immediately below the arguments. (e) If an argument against the measure has not been submitted, the argument for the measure shall appear on the right page facing the analysis. (f) Before each state measure, a conspicuous notice identifying the location on the Secretary of State’s internet website of the complete text of the state measure. The Secretary of State’s internet website shall contain the provisions of the proposed measure and the existing laws repealed or revised by the measure. The provisions of the proposed measure differing from the existing laws affected shall be distinguished in print, so as to facilitate comparison. There shall be printed immediately below each state measure, except for a measure relating to debts and liabilities under Section 1 of Article XVI of the California Constitution, including a bond measure, in no less than 10-point bold type, a legend substantially as follows: “If you desire a copy of the full text of the state measure, please call the Secretary of State at (insert toll-free telephone number) and a copy will be mailed at no cost to you.” (g) The following statement shall be printed at the bottom of each page where arguments appear: “Arguments printed on this page are the opinions of the authors, and have not been checked for accuracy by any official agency.” (Amended by Stats. 2023, Ch. 162, Sec. 7. (AB 421) Effective September 8, 2023.) - 9087. Verify source ↗
## Elections Code - ELEC ## DIVISION 9. MEASURES SUBMITTED TO THE VOTERS [9000 - 9611] ( Division 9 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. State Elections [9000 - 9096] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 7. State Voter Information Guide [9080 - 9096] ( Heading of Article 7 amended by Stats. 2016, Ch. 422, Sec. 22. )
The Legislative Analyst must prepare and publish an impartial fiscal analysis of ballot measures, and related ballot materials must reflect that fiscal impact summary.
## Elections Code - ELEC ## DIVISION 9. MEASURES SUBMITTED TO THE VOTERS [9000 - 9611] ( Division 9 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. State Elections [9000 - 9096] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 7. State Voter Information Guide [9080 - 9096] ( Heading of Article 7 amended by Stats. 2016, Ch. 422, Sec. 22. ) ## 9087. (a) The Legislative Analyst shall prepare an impartial analysis of the measure describing the measure and including a fiscal analysis of the measure showing the amount of any increase or decrease in revenue or cost to state or local government. If it is estimated that a measure would result in increased cost to the state, an analysis of the measure’s estimated impact on the state shall be provided, including an estimate of the percentage of the General Fund that would be expended due to the measure, using visual aids when appropriate. An estimate of increased cost to the state or local governments shall be set out in boldface print in the state voter information guide. (b) The analysis shall be written in clear and concise terms, so as to be easily understood by the average voter, and shall avoid the use of technical terms wherever possible. The analysis may contain background information, including the effect of the measure on existing law and the effect of enacted legislation which will become effective if the measure is adopted, and shall generally set forth in an impartial manner the information the average voter needs to adequately understand the measure. To the extent practicable, the Legislative Analyst shall use a uniform method in each analysis to describe the estimated increase or decrease in revenue or cost of a measure, so that the average voter may draw comparisons among the fiscal impacts of measures. The condensed statement of the fiscal impact summary for the measure prepared by the Attorney General to appear on the ballot shall contain the uniform estimate of increase or decrease in revenue or cost of the measure prepared pursuant to this subdivision. (c) The Legislative Analyst may contract with a professional writer, educational specialist, or another person for assistance in writing an analysis that fulfills the requirements of this section, including the requirement that the analysis be written so that it will be easily understood by the average voter. The Legislative Analyst may also request the assistance of a state department, agency, or official in preparing his or her analysis. (d) Before submitting the analysis to the Secretary of State, the Legislative Analyst shall submit the analysis to a committee of five persons, appointed by the Legislative Analyst, for the purpose of reviewing the analysis to confirm its clarity and easy comprehension to the average voter. The committee shall be drawn from the public at large, and one member shall be a specialist in education, one member shall be bilingual, and one member shall be a professional writer. Members of the committee shall be reimbursed for reasonable and necessary expenses incurred in performing their duties. Within five days of the submission of the analysis to the committee, the committee shall make recommendations to the Legislative Analyst as it deems appropriate to guarantee that the analysis can be easily understood by the average voter. The Legislative Analyst shall consider the committee’s recommendations, and he or she shall incorporate in the analysis those changes recommended by the committee that he or she deems to be appropriate. The Legislative Analyst is solely responsible for determining the content of the analysis required by this section. (e) (1) The title and summary of any measure that appears on the ballot shall be amended to contain a summary of the Legislative Analyst’s estimate of the net state and local government fiscal impact. (2) For state bond measures that are submitted to the voters for their approval or rejection, the summary of the Legislative Analyst’s estimate described in paragraph (1) shall include an explanatory table of the information in the summary. (Amended by Stats. 2016, Ch. 422, Sec. 32. (AB 2911) Effective January 1, 2017.) - 9088. Verify source ↗
## Elections Code - ELEC ## DIVISION 9. MEASURES SUBMITTED TO THE VOTERS [9000 - 9611] ( Division 9 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. State Elections [9000 - 9096] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 7. State Voter Information Guide [9080 - 9096] ( Heading of Article 7 amended by Stats. 2016, Ch. 422, Sec. 22. )
At statewide elections with state bond measures, the voter information guide must include a Legislative Analyst discussion of the state’s current bonded indebtedness situation.
## Elections Code - ELEC ## DIVISION 9. MEASURES SUBMITTED TO THE VOTERS [9000 - 9611] ( Division 9 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. State Elections [9000 - 9096] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 7. State Voter Information Guide [9080 - 9096] ( Heading of Article 7 amended by Stats. 2016, Ch. 422, Sec. 22. ) ## 9088. (a) At each statewide election at which state bond measures will be submitted to the voters for their approval or rejection, the state voter information guide for that election shall include a discussion, prepared by the Legislative Analyst, of the state’s current bonded indebtedness situation. (b) This discussion shall include information as to the dollar amount of the state’s current authorized and outstanding bonded indebtedness, the approximate percentage of the state’s General Fund revenues that are required to service this indebtedness, and the expected impact of the issuance of the bonds to be approved at the election on the items specified in this subdivision. In cases where a bond measure allocates funds for programs, the discussion shall also include, to the extent practicable, the proportionate share of funds for each major program funded by the measure. (c) The discussion required by this section shall appear on a separate page in the state voter information guide immediately following the rebuttal to the argument against the last ballot measure included in the state voter information guide. (Amended by Stats. 2016, Ch. 422, Sec. 33. (AB 2911) Effective January 1, 2017.) - 9088.5. Verify source ↗
## Elections Code - ELEC ## DIVISION 9. MEASURES SUBMITTED TO THE VOTERS [9000 - 9611] ( Division 9 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. State Elections [9000 - 9096] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 7. State Voter Information Guide [9080 - 9096] ( Heading of Article 7 amended by Stats. 2016, Ch. 422, Sec. 22. )
For certain statewide elections held less than one year before the federal decennial census, the state voter information guide must include information promoting census awareness and participation.
## Elections Code - ELEC ## DIVISION 9. MEASURES SUBMITTED TO THE VOTERS [9000 - 9611] ( Division 9 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. State Elections [9000 - 9096] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 7. State Voter Information Guide [9080 - 9096] ( Heading of Article 7 amended by Stats. 2016, Ch. 422, Sec. 22. ) ## 9088.5. For any statewide election that is held less than one year before the federal decennial census, the state voter information guide shall contain information that promotes awareness of, and participation in, the federal decennial census. (Added by Stats. 2018, Ch. 652, Sec. 3. (AB 2592) Effective January 1, 2019.) - 9089. Verify source ↗
## Elections Code - ELEC ## DIVISION 9. MEASURES SUBMITTED TO THE VOTERS [9000 - 9611] ( Division 9 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. State Elections [9000 - 9096] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 7. State Voter Information Guide [9080 - 9096] ( Heading of Article 7 amended by Stats. 2016, Ch. 422, Sec. 22. )
Measures must be printed in the state voter information guide, as far as possible, in the same order, manner, and form as they are designated on the ballot.
## Elections Code - ELEC ## DIVISION 9. MEASURES SUBMITTED TO THE VOTERS [9000 - 9611] ( Division 9 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. State Elections [9000 - 9096] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 7. State Voter Information Guide [9080 - 9096] ( Heading of Article 7 amended by Stats. 2016, Ch. 422, Sec. 22. ) ## 9089. Measures shall be printed in the state voter information guide, so far as possible, in the same order, manner and form in which they are designated upon the ballot. (Amended by Stats. 2016, Ch. 422, Sec. 34. (AB 2911) Effective January 1, 2017.) - 9090. Verify source ↗
## Elections Code - ELEC ## DIVISION 9. MEASURES SUBMITTED TO THE VOTERS [9000 - 9611] ( Division 9 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. State Elections [9000 - 9096] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 7. State Voter Information Guide [9080 - 9096] ( Heading of Article 7 amended by Stats. 2016, Ch. 422, Sec. 22. )
The state voter information guide must be printed to specified format standards and include a certificate of correctness from the Secretary of State.
## Elections Code - ELEC ## DIVISION 9. MEASURES SUBMITTED TO THE VOTERS [9000 - 9611] ( Division 9 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. State Elections [9000 - 9096] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 7. State Voter Information Guide [9080 - 9096] ( Heading of Article 7 amended by Stats. 2016, Ch. 422, Sec. 22. ) ## 9090. The state voter information guide shall be printed according to the following specifications: (a) The guide shall be printed in clear readable type, no less than 10-point, except that the text of any measure may be set forth in eight-point type. (b) The guide shall be of a size and printed on a quality and weight of paper which, in the judgment of the Secretary of State, best serves the voters. (c) The guide shall contain a certificate of correctness by the Secretary of State. (Amended by Stats. 2016, Ch. 422, Sec. 35. (AB 2911) Effective January 1, 2017.) - 9091. Verify source ↗
## Elections Code - ELEC ## DIVISION 9. MEASURES SUBMITTED TO THE VOTERS [9000 - 9611] ( Division 9 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. State Elections [9000 - 9096] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 7. State Voter Information Guide [9080 - 9096] ( Heading of Article 7 amended by Stats. 2016, Ch. 422, Sec. 22. )
The Legislative Counsel must prepare and proofread the texts of all measures and any provisions that are repealed or revised.
## Elections Code - ELEC ## DIVISION 9. MEASURES SUBMITTED TO THE VOTERS [9000 - 9611] ( Division 9 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. State Elections [9000 - 9096] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 7. State Voter Information Guide [9080 - 9096] ( Heading of Article 7 amended by Stats. 2016, Ch. 422, Sec. 22. ) ## 9091. The Legislative Counsel shall prepare and proofread the texts of all measures and the provisions which are repealed or revised. (Enacted by Stats. 1994, Ch. 920, Sec. 2.) - 9092. Verify source ↗
## Elections Code - ELEC ## DIVISION 9. MEASURES SUBMITTED TO THE VOTERS [9000 - 9611] ( Division 9 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. State Elections [9000 - 9096] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 7. State Voter Information Guide [9080 - 9096] ( Heading of Article 7 amended by Stats. 2016, Ch. 422, Sec. 22. )
The Secretary of State must make the copy available for public examination at least 20 days before submitting it to the State Printer. Any elector may seek a writ of mandate to amend or delete the copy from the state voter information guide.
## Elections Code - ELEC ## DIVISION 9. MEASURES SUBMITTED TO THE VOTERS [9000 - 9611] ( Division 9 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. State Elections [9000 - 9096] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 7. State Voter Information Guide [9080 - 9096] ( Heading of Article 7 amended by Stats. 2016, Ch. 422, Sec. 22. ) ## 9092. Not less than 20 days before he or she submits the copy for the state voter information guide to the State Printer, the Secretary of State shall make the copy available for public examination. Any elector may seek a writ of mandate requiring a copy to be amended or deleted from the state voter information guide. A peremptory writ of mandate shall issue only upon clear and convincing proof that the copy in question is false, misleading, or inconsistent with the requirements of this code or Chapter 8 (commencing with Section 88000) of Title 9 of the Government Code, and that issuance of the writ will not substantially interfere with the printing and distribution of the state voter information guide as required by law. Venue for a proceeding under this section shall be exclusively in Sacramento County. The Secretary of State shall be named as the respondent and the State Printer and the person or official who authored the copy in question shall be named as real parties in interest. If the proceeding is initiated by the Secretary of State, the State Printer shall be named as the respondent. (Amended by Stats. 2016, Ch. 422, Sec. 36. (AB 2911) Effective January 1, 2017.) - 9093. Verify source ↗
## Elections Code - ELEC ## DIVISION 9. MEASURES SUBMITTED TO THE VOTERS [9000 - 9611] ( Division 9 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. State Elections [9000 - 9096] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 7. State Voter Information Guide [9080 - 9096] ( Heading of Article 7 amended by Stats. 2016, Ch. 422, Sec. 22. )
The Legislature may amend this article without restriction to add candidate information or other information to the state voter information guide.
## Elections Code - ELEC ## DIVISION 9. MEASURES SUBMITTED TO THE VOTERS [9000 - 9611] ( Division 9 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. State Elections [9000 - 9096] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 7. State Voter Information Guide [9080 - 9096] ( Heading of Article 7 amended by Stats. 2016, Ch. 422, Sec. 22. ) ## 9093. Notwithstanding Section 81012 of the Government Code, the Legislature may without restriction amend this article to add to the state voter information guide information regarding candidates or any other information. (Amended by Stats. 2016, Ch. 422, Sec. 37. (AB 2911) Effective January 1, 2017.) - 9094. Verify source ↗
## Elections Code - ELEC ## DIVISION 9. MEASURES SUBMITTED TO THE VOTERS [9000 - 9611] ( Division 9 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. State Elections [9000 - 9096] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 7. State Voter Information Guide [9080 - 9096] ( Heading of Article 7 amended by Stats. 2016, Ch. 422, Sec. 22. )
The Secretary of State must mail state voter information guides to voters on a set timetable, and the county elections official must mail one to anyone who requests one.
## Elections Code - ELEC ## DIVISION 9. MEASURES SUBMITTED TO THE VOTERS [9000 - 9611] ( Division 9 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. State Elections [9000 - 9096] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 7. State Voter Information Guide [9080 - 9096] ( Heading of Article 7 amended by Stats. 2016, Ch. 422, Sec. 22. ) ## 9094. (a) The Secretary of State shall mail state voter information guides to voters before the election at which measures contained in the state voter information guide are to be voted on unless a voter has registered fewer than 29 days before the election. The mailing shall commence not less than 40 days before the election and shall be completed no later than 21 days before the election for those voters who registered on or before the 60th day before the election, and shall be completed no later than 10 days before the election for those voters who registered after the 60th day before the election and before the 28th day before the election. The Secretary of State shall mail one copy of the state voter information guide to each registered voter at the postal address stated on the voter’s affidavit of registration, or the Secretary of State may mail only one state voter information guide to two or more registered voters having the same postal address. (b) The county elections official shall mail a state voter information guide to any person requesting a state voter information guide. Three copies, to be supplied by the Secretary of State, shall be kept at every polling place, while an election is in progress, so that they may be freely consulted by the voters. (Amended by Stats. 2018, Ch. 269, Sec. 3. (AB 3258) Effective January 1, 2019.) - 9094.5. Verify source ↗
## Elections Code - ELEC ## DIVISION 9. MEASURES SUBMITTED TO THE VOTERS [9000 - 9611] ( Division 9 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. State Elections [9000 - 9096] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 7. State Voter Information Guide [9080 - 9096] ( Heading of Article 7 amended by Stats. 2016, Ch. 422, Sec. 22. )
The Secretary of State must set up ways for a voter to opt out of mailed voter guides, get the guide electronically or by electronic notice when available, and restart mailed delivery later.
## Elections Code - ELEC ## DIVISION 9. MEASURES SUBMITTED TO THE VOTERS [9000 - 9611] ( Division 9 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. State Elections [9000 - 9096] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 7. State Voter Information Guide [9080 - 9096] ( Heading of Article 7 amended by Stats. 2016, Ch. 422, Sec. 22. ) ## 9094.5. (a) The Secretary of State shall establish processes to enable a voter to do both of the following: (1) Opt out of receiving by mail the state voter information guide prepared pursuant to Section 9081. (2) When the state voter information guide is available, receive either the state voter information guide in an electronic format or an electronic notification making the guide available by means of online access. The electronic version of the state voter information guide shall include an active hyperlink for each cited Uniform Resource Locator. (b) The processes described in subdivision (a) do not apply where two or more registered voters have the same postal address unless each voter who shares the same postal address has chosen to discontinue receiving the state voter information guide by mail. (c) The Secretary of State shall also establish a procedure to permit a voter to begin receiving the state voter information guide by mail again after the voter has discontinued receiving it pursuant to subdivision (a). (Amended by Stats. 2017, Ch. 656, Sec. 4. (AB 606) Effective January 1, 2018.) - 9095. Verify source ↗
## Elections Code - ELEC ## DIVISION 9. MEASURES SUBMITTED TO THE VOTERS [9000 - 9611] ( Division 9 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. State Elections [9000 - 9096] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 7. State Voter Information Guide [9080 - 9096] ( Heading of Article 7 amended by Stats. 2016, Ch. 422, Sec. 22. )
The Secretary of State must reimburse a county for mailing costs for state voter information guides covered by Section 9094(b) and (c).
## Elections Code - ELEC ## DIVISION 9. MEASURES SUBMITTED TO THE VOTERS [9000 - 9611] ( Division 9 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. State Elections [9000 - 9096] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 7. State Voter Information Guide [9080 - 9096] ( Heading of Article 7 amended by Stats. 2016, Ch. 422, Sec. 22. ) ## 9095. Any costs incurred by a county for mailing the state voter information guides pursuant to the provisions of subdivisions (b) and (c) of Section 9094 shall be reimbursed to the county by the Secretary of State. (Amended by Stats. 2016, Ch. 422, Sec. 40. (AB 2911) Effective January 1, 2017.) - 9096. Verify source ↗
## Elections Code - ELEC ## DIVISION 9. MEASURES SUBMITTED TO THE VOTERS [9000 - 9611] ( Division 9 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. State Elections [9000 - 9096] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 7. State Voter Information Guide [9080 - 9096] ( Heading of Article 7 amended by Stats. 2016, Ch. 422, Sec. 22. )
The Secretary of State must mail voter information materials to specified officials, institutions, and proponents, and must send the full text of a state measure to a voter within one business day after receiving a request.
## Elections Code - ELEC ## DIVISION 9. MEASURES SUBMITTED TO THE VOTERS [9000 - 9611] ( Division 9 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. State Elections [9000 - 9096] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 7. State Voter Information Guide [9080 - 9096] ( Heading of Article 7 amended by Stats. 2016, Ch. 422, Sec. 22. ) ## 9096. (a) As soon as copies of the state voter information guide and copies of the full text of all measures described in subdivision (f) of Section 9086 are available, the Secretary of State shall immediately mail the following number of copies to the listed persons and places: (1) One copy to each county elections official or registrar of voters. (2) One copy to each city elections official. (3) One copy to each Member of the Legislature. (4) One copy to the proponents of each ballot measure. (b) The Secretary of State shall also mail: (1) One copy to each public library and branch of each public library. (2) One copy to each public high school or other public school teaching at least the 11th and 12th grades, and one copy to each public postsecondary educational institution. (c) No later than one business day after receipt of a request from a voter, the Secretary of State shall mail the full text of a state measure described in subdivision (f) of Section 9086 to the voter. (d) Upon request, the Secretary of State shall furnish additional copies of the state voter information guide to any of the persons or institutions listed in subdivisions (a) and (b). (Amended by Stats. 2024, Ch. 800, Sec. 1. (SB 1493) Effective January 1, 2025.) - 9100. Verify source ↗
## Elections Code - ELEC ## DIVISION 9. MEASURES SUBMITTED TO THE VOTERS [9000 - 9611] ( Division 9 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. County Elections [9100 - 9190] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 1. Initiative [9100 - 9126] ( Article 1 enacted by Stats. 1994, Ch. 920, Sec. 2. )
A county may enact ordinances under this article.
## Elections Code - ELEC ## DIVISION 9. MEASURES SUBMITTED TO THE VOTERS [9000 - 9611] ( Division 9 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. County Elections [9100 - 9190] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 1. Initiative [9100 - 9126] ( Article 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 9100. In addition to any other method provided by law, ordinances may be enacted by any county pursuant to this article. (Enacted by Stats. 1994, Ch. 920, Sec. 2.) - 9101. Verify source ↗
## Elections Code - ELEC ## DIVISION 9. MEASURES SUBMITTED TO THE VOTERS [9000 - 9611] ( Division 9 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. County Elections [9100 - 9190] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 1. Initiative [9100 - 9126] ( Article 1 enacted by Stats. 1994, Ch. 920, Sec. 2. )
A proposed ordinance may be submitted to the board of supervisors through an initiative petition filed with the county elections official, if it is signed by the required number of voters.
## Elections Code - ELEC ## DIVISION 9. MEASURES SUBMITTED TO THE VOTERS [9000 - 9611] ( Division 9 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. County Elections [9100 - 9190] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 1. Initiative [9100 - 9126] ( Article 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 9101. Any proposed ordinance may be submitted to the board of supervisors by filing an initiative petition with the county elections official, signed by not less than the number of voters specified in this article. Each petition section shall comply with Sections 100 and 9020 and contain a full and correct copy of the notice of intention and accompanying statement including the full text of the proposed ordinance. (Enacted by Stats. 1994, Ch. 920, Sec. 2.) - 9102. Verify source ↗
## Elections Code - ELEC ## DIVISION 9. MEASURES SUBMITTED TO THE VOTERS [9000 - 9611] ( Division 9 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. County Elections [9100 - 9190] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 1. Initiative [9100 - 9126] ( Article 1 enacted by Stats. 1994, Ch. 920, Sec. 2. )
An initiative proposal to change a county charter may be submitted to the board of supervisors, and the board may not change a county charter without sending the proposal to the voters.
## Elections Code - ELEC ## DIVISION 9. MEASURES SUBMITTED TO THE VOTERS [9000 - 9611] ( Division 9 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. County Elections [9100 - 9190] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 1. Initiative [9100 - 9126] ( Article 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 9102. Any proposal to enact, amend, or otherwise revise a county charter by initiative petition may be submitted to the board of supervisors and shall be subject to this article. However, nothing in this article shall be construed to allow a board of supervisors to enact, amend, or otherwise revise a county charter without submitting the proposal to the voters. (Enacted by Stats. 1994, Ch. 920, Sec. 2.) - 9103. Verify source ↗
## Elections Code - ELEC ## DIVISION 9. MEASURES SUBMITTED TO THE VOTERS [9000 - 9611] ( Division 9 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. County Elections [9100 - 9190] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 1. Initiative [9100 - 9126] ( Article 1 enacted by Stats. 1994, Ch. 920, Sec. 2. )
Before circulating certain county initiative or county reorganization petitions, proponents must file a notice of intention with the county elections official and include specified information; a filer must also pay a fee of up to $200, refundable if the petition is certified sufficient within one year.
## Elections Code - ELEC ## DIVISION 9. MEASURES SUBMITTED TO THE VOTERS [9000 - 9611] ( Division 9 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. County Elections [9100 - 9190] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 1. Initiative [9100 - 9126] ( Article 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 9103. (a) Before circulating any initiative petition in a county, or any petition relating to the annexation of territory by a county, the consolidation of counties, or the dissolution of a county, its proponents shall file with the county elections official a notice of intention to do so. The notice shall include the names and business or residence addresses of at least one but not more than five proponents of the petition, and shall be accompanied by the written text of the initiative and a request that a ballot title and summary be prepared. (b) Any person filing a notice of intent with the county elections official shall pay a fee to be established by the board of supervisors not to exceed two hundred dollars ($200) to be refunded to the filer if, within one year of the date of filing the notice of intent, the county elections official certifies the sufficiency of the petition. (Enacted by Stats. 1994, Ch. 920, Sec. 2.) - 9103.5. Verify source ↗
## Elections Code - ELEC ## DIVISION 9. MEASURES SUBMITTED TO THE VOTERS [9000 - 9611] ( Division 9 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. County Elections [9100 - 9190] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 1. Initiative [9100 - 9126] ( Article 1 enacted by Stats. 1994, Ch. 920, Sec. 2. )
The county elections official must keep certain initiative petition materials on file and provide copies on request; a copy fee may be charged, but it cannot exceed actual cost.
## Elections Code - ELEC ## DIVISION 9. MEASURES SUBMITTED TO THE VOTERS [9000 - 9611] ( Division 9 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. County Elections [9100 - 9190] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 1. Initiative [9100 - 9126] ( Article 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 9103.5. From the time materials pertaining to an initiative petition are filed pursuant to Section 9103 until the day after the county elections official determines that the initiative petition does not contain the minimum number of signatures required, the day after the election at which the initiative measure is put before the voters, or the day after the proposed ordinance is adopted by the board of supervisors after being submitted to the board of supervisors pursuant to Section 9101, as applicable, the county elections official shall do both of the following: (a) Keep on file at his or her office the notice of intention, written text of the initiative, and request for a ballot title and summary that the proponents of the initiative measure filed with the county elections official pursuant to Section 9103. (b) Furnish copies of the materials he or she is required to keep on file pursuant to subdivision (a) to any person upon request. The county elections official may charge a fee to a person obtaining copies pursuant to this subdivision. The fee may not exceed the actual cost incurred by the county elections official in providing the copies. (Added by Stats. 2012, Ch. 240, Sec. 1. (AB 1851) Effective January 1, 2013.) - 9104. Verify source ↗
## Elections Code - ELEC ## DIVISION 9. MEASURES SUBMITTED TO THE VOTERS [9000 - 9611] ( Division 9 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. County Elections [9100 - 9190] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 1. Initiative [9100 - 9126] ( Article 1 enacted by Stats. 1994, Ch. 920, Sec. 2. )
A notice of intention must include the printed name, signature, and business or residence address of at least one and no more than five proponents. It may also include an optional statement of reasons up to 500 words.
## Elections Code - ELEC ## DIVISION 9. MEASURES SUBMITTED TO THE VOTERS [9000 - 9611] ( Division 9 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. County Elections [9100 - 9190] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 1. Initiative [9100 - 9126] ( Article 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 9104. The notice of intention shall contain the printed name, signature, and business or residence address of at least one but not more than five proponents, and may include a printed statement, not exceeding 500 words in length, stating the reasons for the proposed petition. The notice shall be in substantially the following form: Notice of Intention to Circulate Petition Notice is hereby given by the persons whose names appear hereon of their intention to circulate the petition within the County of ____ for the purpose of ____. A statement of the reasons of the proposed action as contemplated in the petition is as follows: (optional statement). (Enacted by Stats. 1994, Ch. 920, Sec. 2.) - 9105. Verify source ↗
## Elections Code - ELEC ## DIVISION 9. MEASURES SUBMITTED TO THE VOTERS [9000 - 9611] ( Division 9 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. County Elections [9100 - 9190] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 1. Initiative [9100 - 9126] ( Article 1 enacted by Stats. 1994, Ch. 920, Sec. 2. )
This section requires county officials and proponents to exchange, publish, and format the ballot title and summary for a proposed initiative measure.
## Elections Code - ELEC ## DIVISION 9. MEASURES SUBMITTED TO THE VOTERS [9000 - 9611] ( Division 9 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. County Elections [9100 - 9190] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 1. Initiative [9100 - 9126] ( Article 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 9105. (a) The county elections official shall immediately transmit a copy of any proposed measure to the county counsel. Within 15 days after the proposed measure is filed, the county counsel shall provide and return to the county elections official a ballot title and summary for the proposed measure. The ballot title may differ from any other title of the proposed measure and shall express in 500 words or less the purpose of the proposed measure. In providing the ballot title, the county counsel shall give a true and impartial statement of the purpose of the proposed measure in such language that the ballot title shall neither be an argument, nor be likely to create prejudice, for or against the proposed measure. (b) The county elections official shall furnish a copy of the ballot title and summary to the proponents of the proposed measure. The proponents shall, prior to the circulation of the petition, publish the Notice of Intention, and the ballot title and summary of the proposed measure in a newspaper of general circulation published in that county, and file proof of publication with the county elections official. (c) The ballot title and summary prepared by the county counsel shall appear upon each section of the petition, above the text of the proposed measure and across the top of each page of the petition on which signatures are to appear, in roman type not smaller than 11 point. The ballot title and summary shall be clearly separated from the text of the measure. The text of the measure shall be printed in type not smaller than 8 point. The heading of the proposed measure shall be in a boldface type in substantially the following form: INITIATIVE MEASURE TO BE DIRECTLY SUBMITTED TO THE VOTERS The county counsel has prepared the following title and summary of the chief purpose and points of the proposed measure: (Here set forth the title and summary prepared by the county counsel. This title and summary must also be printed across the top of each page of the petition whereon signatures are to appear.) (Amended by Stats. 2022, Ch. 887, Sec. 6. (SB 1360) Effective January 1, 2023.) - 9106. Verify source ↗
## Elections Code - ELEC ## DIVISION 9. MEASURES SUBMITTED TO THE VOTERS [9000 - 9611] ( Division 9 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. County Elections [9100 - 9190] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 1. Initiative [9100 - 9126] ( Article 1 enacted by Stats. 1994, Ch. 920, Sec. 2. )
A county elector may seek a writ of mandate to amend the ballot title or summary prepared by the county counsel, and the court must expedite the hearing.
## Elections Code - ELEC ## DIVISION 9. MEASURES SUBMITTED TO THE VOTERS [9000 - 9611] ( Division 9 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. County Elections [9100 - 9190] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 1. Initiative [9100 - 9126] ( Article 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 9106. Any elector of the county may seek a writ of mandate requiring the ballot title or summary prepared by the county counsel to be amended. The court shall expedite hearing on the writ. A peremptory writ of mandate shall be issued only upon clear and convincing proof that the ballot title or summary is false, misleading, or inconsistent with the requirements of Section 9105. (Amended by Stats. 2002, Ch. 237, Sec. 1. Effective January 1, 2003.) - 9107. Verify source ↗
## Elections Code - ELEC ## DIVISION 9. MEASURES SUBMITTED TO THE VOTERS [9000 - 9611] ( Division 9 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. County Elections [9100 - 9190] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 1. Initiative [9100 - 9126] ( Article 1 enacted by Stats. 1994, Ch. 920, Sec. 2. )
The county elections official must determine how many signatures are required for the petition.
## Elections Code - ELEC ## DIVISION 9. MEASURES SUBMITTED TO THE VOTERS [9000 - 9611] ( Division 9 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. County Elections [9100 - 9190] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 1. Initiative [9100 - 9126] ( Article 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 9107. The county elections official shall ascertain the number of signatures required to sign the petition by obtaining the number of votes cast within the county for all candidates for Governor at the last gubernatorial election preceding the publication of the notice of intention to circulate the initiative petition. (Enacted by Stats. 1994, Ch. 920, Sec. 2.) - 9108. Verify source ↗
## Elections Code - ELEC ## DIVISION 9. MEASURES SUBMITTED TO THE VOTERS [9000 - 9611] ( Division 9 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. County Elections [9100 - 9190] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 1. Initiative [9100 - 9126] ( Article 1 enacted by Stats. 1994, Ch. 920, Sec. 2. )
The proponents may start circulating county initiative petitions after the county counsel’s title and summary have been published, and each petition section must include the notice of intention and the title and summary.
## Elections Code - ELEC ## DIVISION 9. MEASURES SUBMITTED TO THE VOTERS [9000 - 9611] ( Division 9 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. County Elections [9100 - 9190] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 1. Initiative [9100 - 9126] ( Article 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 9108. The proponents may commence to circulate the petitions among the voters of the county for signatures by any registered voter of the county after publication of the title and summary prepared by the county counsel. Each section of the petition shall bear a copy of the notice of intention, and the title and summary prepared by the county counsel. (Enacted by Stats. 1994, Ch. 920, Sec. 2.) - 9109. Verify source ↗
## Elections Code - ELEC ## DIVISION 9. MEASURES SUBMITTED TO THE VOTERS [9000 - 9611] ( Division 9 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. County Elections [9100 - 9190] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 1. Initiative [9100 - 9126] ( Article 1 enacted by Stats. 1994, Ch. 920, Sec. 2. )
Each petition section must have an affidavit attached, completed by the circulator, and the affidavit must be substantially in the form set out in Section 104.
## Elections Code - ELEC ## DIVISION 9. MEASURES SUBMITTED TO THE VOTERS [9000 - 9611] ( Division 9 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. County Elections [9100 - 9190] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 1. Initiative [9100 - 9126] ( Article 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 9109. Each petition section shall have attached to it an affidavit to be completed by the circulator. The affidavit shall be substantially in the same form as set forth in Section 104. (Enacted by Stats. 1994, Ch. 920, Sec. 2.) - 9110. Verify source ↗
## Elections Code - ELEC ## DIVISION 9. MEASURES SUBMITTED TO THE VOTERS [9000 - 9611] ( Division 9 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. County Elections [9100 - 9190] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 1. Initiative [9100 - 9126] ( Article 1 enacted by Stats. 1994, Ch. 920, Sec. 2. )
Signatures must be secured, and the petition must be filed with the county elections official within 180 days of the title and summary receipt date or other later specified event.
## Elections Code - ELEC ## DIVISION 9. MEASURES SUBMITTED TO THE VOTERS [9000 - 9611] ( Division 9 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. County Elections [9100 - 9190] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 1. Initiative [9100 - 9126] ( Article 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 9110. Signatures shall be secured and the petition shall be presented to the county elections official for filing within 180 days from the date of receipt of the title and summary, or after termination of any action for a writ of mandate pursuant to Section 9106 and, if applicable, after receipt of an amended title or summary or both, whichever occurs later. (Enacted by Stats. 1994, Ch. 920, Sec. 2.) - 9111. Verify source ↗
## Elections Code - ELEC ## DIVISION 9. MEASURES SUBMITTED TO THE VOTERS [9000 - 9611] ( Division 9 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. County Elections [9100 - 9190] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 1. Initiative [9100 - 9126] ( Article 1 enacted by Stats. 1994, Ch. 920, Sec. 2. )
The board of supervisors may ask county agencies for a report on a proposed initiative measure, and the report must be presented within the board’s set time, but not later than 30 days after the petition is certified as sufficient.
## Elections Code - ELEC ## DIVISION 9. MEASURES SUBMITTED TO THE VOTERS [9000 - 9611] ( Division 9 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. County Elections [9100 - 9190] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 1. Initiative [9100 - 9126] ( Article 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 9111. (a) During the circulation of the petition or before taking either action described in subdivisions (a) and (b) of Section 9118, the board of supervisors may refer the proposed initiative measure to a county agency or agencies for a report on any or all of the following: (1) Its fiscal impact. (2) Its effect on the internal consistency of the county’s general and specific plans, including the housing element, the consistency between planning and zoning, and the limitations on county actions under Section 65008 of the Government Code and Chapters 4.2 (commencing with Section 65913) and 4.3 (commencing with Section 65915) of Division 1 of Title 7 of the Government Code. (3) Its effect on the use of land, the impact on the availability and location of housing, and the ability of the county to meet its regional housing needs. (4) Its impact on funding for infrastructure of all types, including, but not limited to, transportation, schools, parks, and open space. The report may also discuss whether the measure would be likely to result in increased infrastructure costs or savings, including the costs of infrastructure maintenance, to current residents and businesses. (5) Its impact on the community’s ability to attract and retain business and employment. (6) Its impact on the uses of vacant parcels of land. (7) Its impact on agricultural lands, open space, traffic congestion, existing business districts, and developed areas designated for revitalization. (8) Any other matters the board of supervisors requests to be in the report. (b) The report shall be presented to the board of supervisors within the time prescribed by the board of supervisors, but no later than 30 days after the county elections official certifies to the board of supervisors the sufficiency of the petition. (Amended by Stats. 2018, Ch. 92, Sec. 62. (SB 1289) Effective January 1, 2019.) - 9112. Verify source ↗
## Elections Code - ELEC ## DIVISION 9. MEASURES SUBMITTED TO THE VOTERS [9000 - 9611] ( Division 9 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. County Elections [9100 - 9190] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 1. Initiative [9100 - 9126] ( Article 1 enacted by Stats. 1994, Ch. 920, Sec. 2. )
Each county elections official must file a report with the Secretary of State by April 1 of each odd-numbered year.
## Elections Code - ELEC ## DIVISION 9. MEASURES SUBMITTED TO THE VOTERS [9000 - 9611] ( Division 9 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. County Elections [9100 - 9190] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 1. Initiative [9100 - 9126] ( Article 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 9112. On or before April 1 of each odd-numbered year, the county elections official of each county shall file a report with the Secretary of State containing the following information: (a) The number of county initiative petitions circulated during the preceding two calendar years that did not qualify for the ballot, and the number of these proposed initiatives for which reports were prepared pursuant to Section 9111. (b) With respect to county initiative measures that qualified for the ballot in the preceding two calendar years, the number that were approved by the voters, and the number of these ballot measures for which reports were prepared pursuant to Section 9111. (c) With respect to county initiative measures that qualified for the ballot in the preceding two calendar years, the number which were not approved by the voters, and the number of these ballot measures for which reports were prepared pursuant to Section 9111. (Enacted by Stats. 1994, Ch. 920, Sec. 2.) - 9113. Verify source ↗
## Elections Code - ELEC ## DIVISION 9. MEASURES SUBMITTED TO THE VOTERS [9000 - 9611] ( Division 9 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. County Elections [9100 - 9190] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 1. Initiative [9100 - 9126] ( Article 1 enacted by Stats. 1994, Ch. 920, Sec. 2. )
Petitions must be filed by the proponents or someone they authorize in writing, and all petition sections must be filed together.
## Elections Code - ELEC ## DIVISION 9. MEASURES SUBMITTED TO THE VOTERS [9000 - 9611] ( Division 9 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. County Elections [9100 - 9190] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 1. Initiative [9100 - 9126] ( Article 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 9113. The petition shall be filed by the proponents, or by any person or persons authorized in writing by the proponents. All sections of the petition shall be filed at one time. Any sections of the petition not so filed shall be void for all purposes. Once filed, no petition section shall be amended except by order of a court of competent jurisdiction. When the petition is filed, the county elections official shall determine the total number of signatures affixed to the petition. If, from this examination, the county elections official determines that the number of signatures, prima facie, equals or is in excess of the minimum number of signatures required, the county elections official shall examine the petition in accordance with Section 9114 or 9115. If, from this examination, the county elections official determines that the number of signatures, prima facie, does not equal or exceed the minimum number of signatures required, no further action shall be taken. (Enacted by Stats. 1994, Ch. 920, Sec. 2.) - 9114. Verify source ↗
## Elections Code - ELEC ## DIVISION 9. MEASURES SUBMITTED TO THE VOTERS [9000 - 9611] ( Division 9 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. County Elections [9100 - 9190] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 1. Initiative [9100 - 9126] ( Article 1 enacted by Stats. 1994, Ch. 920, Sec. 2. )
The elections official must review an initiative petition, verify signatures, notify the proponents of the result, and certify a sufficient petition to the board of supervisors.
## Elections Code - ELEC ## DIVISION 9. MEASURES SUBMITTED TO THE VOTERS [9000 - 9611] ( Division 9 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. County Elections [9100 - 9190] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 1. Initiative [9100 - 9126] ( Article 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 9114. Except as provided in Section 9115, within 30 days from the date of filing of the petition, excluding Saturdays, Sundays, and holidays, the elections official shall examine the petition, and from the records of registration ascertain whether or not the petition is signed by the requisite number of voters. A certificate showing the results of this examination shall be attached to the petition. In determining the number of valid signatures, the elections official may check the signatures against facsimiles of voters’ signatures provided that the method of preparing and displaying the facsimiles complies with law. A signature shall not be invalidated because of a variation of the signature caused by the substitution of initials for the first or middle name, or both, of the person signing the petition. The elections official shall notify the proponents of the petition as to the sufficiency or insufficiency of the petition. If the petition is found insufficient, no further action shall be taken. However, the failure to secure sufficient signatures, shall not preclude the filing of a new petition on the same subject, at a later date. If the petition is found sufficient, the elections official shall certify the results of the examination to the board of supervisors at the next regular meeting of the board. (Amended by Stats. 2019, Ch. 14, Sec. 3. (AB 698) Effective January 1, 2020.)
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