Elections Code, 1994

The elections official must send ballots and balloting materials to eligible military or overseas voters within the stated election window, or as soon as practicable if a valid application arrives late.

A military or overseas voter may use a federal write-in absentee ballot to vote for the offices and ballot measures covered by Section 3102(a).

A county elections official must let a military or overseas voter cast a ballot through a certified remote accessible vote by mail system.

A valid ballot must be counted if the elections official receives it in accordance with Section 3020.

The elections official must include a declaration with the ballot for a military or overseas voter, and the voter must sign it.

Elections officials must set up an electronic free-access system that lets military or overseas voters check whether their ballot was received.

This section defines “county measure” to include several types of county-related proposals, questions, and bond measures submitted to voters.

The elections official must ask military or overseas voters who register to vote for an email address, and must provide electronic ballot delivery for voters who make a standing request.

Elections officials must post and update a ballot-information list online, and send a copy to military or overseas voters who request it.

Minor mistakes in certain military or overseas voting documents do not invalidate them if eligibility can still be determined, and minor name variations on eligible write-in ballots must be accepted as valid votes.

A court may issue an injunction or other equitable relief to enforce this chapter or ensure substantial compliance with it, if a military or overseas voter or a California elections official applies.

“County office” means the office filled by any county officer.

“County officer” means an elected officer listed in Division 2 of Title 3 of the Government Code.

“Direct primary” means the primary election held on specific March or June dates depending on the even-numbered year.

For initiative and referendum purposes, “District” includes certain regional agencies with taxing, land-use, or land-acquisition power.

“Election” is defined to include any election, including a primary, that is provided for under this code.

This section defines “election board” for the Elections Code.

This section defines “electioneering” and says certain electioneering activities are prohibited within 100 feet of specified polling, election office, satellite, or ballot drop-off locations.

This section defines “elections official.”

This section defines who counts as an “elector” and treats certain qualifying electors as residents of the state for this code.

“Electoral jurisdiction” means the area where voters who are qualified to vote for the recalled officer live, for use in Division 11.

This section defines “federal election” for the code.

This section defines “general election” and states that, at each general election, certain federal offices are to be elected.

This section defines “Inspector” as the supervisor of the precinct board of which the person is a member.

“Judicial office” means the office filled by any judicial officer.

This section defines “judicial officer” as a Justice of the Supreme Court, a justice of a court of appeal, or a judge of the superior court.

This section defines “jurisdiction” for this code.

A “local election” means a municipal, county, or district election.

“Measure” means a constitutional amendment or other proposition submitted to a popular vote at an election.

“Municipal election” means elections in general law cities, and in chartered cities where applicable.

“Nominate” means selecting candidates at a state-conducted primary election for the general election, but not other lawful party mechanisms used to choose a preferred candidate for a nonpartisan or voter-nominated office.

“Nomination documents” means declaration of candidacy and nomination papers.

This section defines “nonpartisan office” as an office, other than a voter-nominated office, where no party may nominate a candidate.

For this code section, “oath” also means affirmation.

This provision defines “official canvass” as the public process of processing and tallying ballots in an election, and says it also includes reconciling ballots, trying to prevent duplicate voting, and manually tallying 1% of precincts.

This section defines “official summary date” as the date the Attorney General delivers or mails the circulating title and summary of a proposed initiative measure to the proponents.

This section defines a “one percent manual tally” as a public hand count of votes in 1% of precincts selected at random by the elections official, plus one precinct for each race not already covered; in vote-center elections, it may use the batch process in Section 15360.

This section defines “out-of-state emergency worker.”

This section defines “partisan office” or “party-nominated office.”

“Party” means a political party or organization that has qualified to participate in a primary or presidential general election.

A polling place means a location where a voter casts a ballot, and it may also be called a poll, polling location, or vote center.

“Precinct” is defined as a geographical area within a county made up of voters and formed under the cited division.

This section defines “precinct board” and “precinct board member.”

“Presidential primary” means the primary election held on the first Tuesday after the first Monday in March of a year evenly divisible by four.

This section defines “primary election” to include all primary nominating elections provided for by the code.

This section defines who counts as the proponent of an initiative or referendum measure.

This section defines “proponent or proponents of a recall petition” as the person or persons who control circulation of, or obtaining signatures for, the petition.

This section defines “punchcard” as a tabulating card that a voter may use to record a vote by punching, marking, or slotting it.

“Punching” includes marking a ballot card to record a vote.

“Rebuttable presumption” means a presumption that affects the burden of producing evidence.

A “regular election” means an election whose time is set by law.

For voting purposes, “residence” means a person’s domicile, and domicile is the place where a person’s habitation is fixed with an intention to remain and return when absent.

This section defines “roster” as the official list of voters for an election, which may be kept on paper or electronically.

“School measure” means a proposition submitted to district voters, including bond proposals, increases in maximum tax rate, and certain state-funds measures for school construction.

“School office” means the office filled by any school officer.

“School officer” means the Superintendent of Public Instruction and a county superintendent of schools.

“Section” means a section of this code, unless another statute is specifically mentioned.

This section defines “semifinal official canvass” as the public process of collecting, processing, and tallying ballots, and for state or statewide elections, reporting results to the Secretary of State on election night.

This section says “shall” means mandatory and “may” means permissive.

This section defines “signature,” “authorized user,” “disability,” and “signature stamp,” and sets conditions for when a signature stamp may be used in elections matters.

“Software” includes programs and various voting-system materials and items needed to operate a voting system.

This section defines “special election” as an election whose time is not set by law.

For this code, “spouse” includes a registered domestic partner.

“Statewide election” means an election held throughout the state.

“Vote center” is defined as a location established for holding elections that provides the services listed in Sections 2170 and 4005.

This section defines “vote tabulating device” as equipment other than a voting machine that totals votes cast by certain counting or scanning methods.

“Voter” means an elector who is registered under this code.

“Voter list” means a list of registered voters for a precinct or county, and it may be kept in different formats chosen by the elections official.

Political parties and party central committees may not nominate candidates for voter-nominated offices at state-conducted primary elections, but they may endorse, support, or oppose those candidates.

“Voting device” is defined as a device used with a ballot card to mark, punch, or slot the card and show the voter’s choice.

“Voting machine” means an electronic device that lets a voter enter votes and produces electronic totals and human-readable records.

“Voting system” is defined as certain mechanical, electromechanical, or electronic ballot-casting or vote-tabulating systems, and it excludes a remote accessible vote by mail system.

Unless the provision or context says otherwise, the Elections Code’s general provisions, construction rules, and definitions control how the code is interpreted.

A local, special, or consolidated election may be conducted wholly by mail if the listed conditions are met.

A special district may conduct its elections by mail.

A district may revoke its all-mailed ballot procedure and order the election consolidated with another election, but only by governing board resolution and only if the stated timing and territory conditions are met.

This section defines “small city” and “eligible entity,” and allows certain elections in those places to be conducted wholly by mail ballot if listed conditions are met.

The Secretary of State must help counties running a 2018 election under Section 4005 with voter education and outreach, and may also provide funding for that purpose.

For certain mail ballot elections, the county elections official must check voters’ preferred language and, when required, send a ballot facsimile in that language before vote centers open.

For elections under Section 4005, the county elections official must make a reasonable effort to tell a voter if their vote-by-mail envelope is missing a signature, or how to fix the missing signature.

The Secretary of State must establish a taskforce with specified representatives, and the taskforce must review certain elections and send comments and recommendations to the Legislature within six months after each election.

Mail ballot elections must follow Chapter 1 of Division 3, unless this chapter says otherwise.

The elections official may not start mailing the combined county voter information guide and mail ballot until the 29th day before the election, and must finish mailing it by the 10th day before the election.

The elections official may add a notice telling voters they may return a voted ballot by certified or registered mail.

Mail ballot ballots must be returned by 8 p.m. on election day, and some vote-by-mail ballots count if they arrive within 7 days after election day and meet postmark or envelope-date requirements.

At the first general district election conducted by all-mailed ballot, the ballot must include a yes/no question asking whether mailed ballots should be used for all future general district elections.

The Section 4104 question must be printed on a general district election ballot when the governing board adopts an appropriate resolution or when an initiative petition signed by at least 10% of district voters is submitted.

In San Diego County, a governing board may move a general district election to the same day as a statewide primary or statewide general election.

The Marina County Water District board may set its general district election on the same day as a statewide primary or general election, and related consolidation rules apply if the election is combined with another election.

A district may hold elections entirely by mail if its governing board passes a resolution, and it may consolidate that election with certain other elections if the timing, territory, and mail-only requirements are met.

Headings in this code do not change its scope, meaning, or intent.

This section says the chapter uses the definition of “party” from Section 338 and applies to political bodies and to parties not otherwise covered by Division 7.

A group of electors seeking to qualify a new political party must form a political body, hold a caucus or convention, elect temporary officers, choose a party name, and file formal notice with the Secretary of State.

The Secretary of State must notify county elections officials about certain political bodies, and county elections officials must tabulate specified registration affidavits by political affiliation, with one exception.

A political body may ask the Secretary of State to count certain voter registration affidavits toward party qualification if the request is made within 70 days after filing the required formal notice.

If a political body has not qualified as a political party by the stated deadline, it is treated as having abandoned its effort and cannot take part in the next election.

Newly qualified political parties must follow general party procedures, and their temporary officers must file notice of selection with the Secretary of State within 30 days after qualification.

Newly qualified political parties must run their presidential primary using designated procedures, and temporary officers must notify the Secretary of State by the 125th day before the primary if no permanent officers have been elected.

This section says when a political party qualifies to participate in a primary election.

Parties are reviewed after a gubernatorial election, must file formal notice to regain qualification, and may be barred from primary elections if they do not meet Section 5100 standards.

A party that drops below the registration threshold loses qualification to participate in the primary election, and the Secretary of State must promptly remove its name from election-related lists and publications.

A party may not be recognized or qualified to participate in a primary election if it supports overthrow by unlawful means or supports sabotage, force and violence, sedition, or treason against the U.S. or state government.

This chapter covers certain political bodies that did not qualify for the presidential primary but still seek to qualify for the next presidential general election.

A party can qualify to participate in a presidential general election by meeting one of several stated conditions.

After a gubernatorial election, each party’s qualifications must be reviewed by the Secretary of State, and parties that do not meet Section 5151 standards may not participate in the presidential general election.

If a qualifying party’s registration drops below one-fifteenth of 1 percent of total state registration, it cannot participate in a presidential general election, and the Secretary of State must immediately remove its name from election materials.

A party cannot be recognized or qualified to participate in a presidential general election if it supports overthrowing government by unlawful means or promotes sabotage, force and violence, sedition, or treason against U.S. or state government.

This section sets out how the Secretary of State disqualifies political parties and how a party can challenge that notice in court.

A public officer’s deputy or another person authorized by law may exercise the officer’s power or perform the officer’s duty, unless the code says otherwise.

In this part, references to a voter’s or candidate’s party “registration” or “affiliation” mean the party preference or lack of party preference the voter or candidate discloses under the listed sections.

This section defines when a person counts as a “recognized candidate” for presidential primary purposes.

A presidential candidate must give the Secretary of State proof that the candidate meets at least one listed criterion and must file the required form and supporting documents by the 98th day before the presidential primary election.

This section names the chapter the “Alquist Open Presidential Primary Act” and allows it to be cited by that name.

This chapter applies to the Democratic Party.

This section says the chapter applies to delegate and alternate selection, and the Democratic Party of California must post its standing rules and bylaws for the chapter on its website.

Primary delegate selection participation is limited to registered Democratic Party voters and other voters authorized by Section 13102(c).

The chairperson of the Democratic State Central Committee must notify the Secretary of State about delegate and alternate numbers, and related district details, by the stated deadline.

This section prescribes the form of a notice reporting the number of delegates and alternate delegates for the Democratic National Convention.

If the Democratic State Central Committee chair does not file the Section 6020 notice, the Secretary of State must determine the delegate total from the Democratic National Committee’s convention call and calculate how many delegates may be selected from each district.

This article applies only to the Secretary of State’s designation of candidates for the presidential primary ballot.

The Secretary of State must place a candidate on the presidential primary ballot if the candidate meets the listed recognition/advocacy condition, use FECA funding qualification as a selection criterion, and announce and distribute the selected-candidate list by the 88th day before the primary.

The Secretary of State must notify a candidate when the candidate’s name will appear on the presidential primary ballot, and the candidate may withdraw by filing an affidavit no later than the 68th day before the election.

If a selected or unselected candidate files the required affidavit on time, the Secretary of State must omit that candidate’s name from the certified ballot list, and the name must not appear on the ballot.

This article applies to certain presidential primary candidates and defines an “uncommitted delegation” for Democratic Party voters meeting the stated minimum group size and preference requirements.

Unselected candidates or uncommitted delegations must circulate nomination papers and meet Democratic Party signature requirements to get on the presidential primary ballot.

Certain candidates and groups must appoint a seven-member steering committee and choose one member to act as chairperson.

The chairperson of a steering committee must file a statement with the Secretary of State at least 82 days before the presidential primary.

Each steering committee must handle circulation of nomination papers for qualifying candidates and for groups proposing uncommitted delegations.

Nomination papers must be prepared, circulated, signed, verified, and left with the county elections official for examination at least 81 days before the presidential primary election.

If nomination papers are filed under Section 6061 and signed by the required number of voters, the named candidate or uncommitted delegation may select a delegation for placement on the presidential primary ballot.

When enough signatures have been received for the presidential primary ballot, the Secretary of State must notify certain steering committee chairpersons and tell them no more signatures will be accepted.

Each signer of a nomination paper may sign only one paper and must print their name, state their residence, and declare their intention to support the named candidate or delegation.

Nomination papers may be presented in sections, but each section must include the candidate’s or steering committee chairperson’s name and the county name; only eligible county voters with Democratic Party registration are competent to sign.

Nomination papers must have numbered signature lines and an attached circulator affidavit that meets Section 104; no other affidavit is required.

A verified nomination paper serves as prima facie evidence that the signatures are genuine and that the signers are voters, unless comparison with registration affidavits in the county elections official’s office proves otherwise.

The presidential primary nomination paper must follow the prescribed form, including the signer’s statement and circulator’s affidavit.

Circulators may collect signatures for the nomination paper they were appointed to work on, but only during the period from 120 days to 81 days before the presidential primary election.

A county elections official, deputy, or circulator may not do the stated circulator activities in this section.

Verified nomination paper sections must be returned to the steering committee, and county sections must be collected, arranged, and left with the county elections official for examination.

Before filing, the sections of a nomination paper must be numbered in order.

Counties may consolidate and fasten properly assembled nomination papers together, but they must not fasten together nomination papers signed by voters in different counties.

The county elections official must examine nomination papers and mark a voter’s name “not sufficient” if the registration handwriting does not match or if the voter has not stated an intention to affiliate with the Democratic Party.

The county elections official must examine nomination papers within five days, add a certificate, and send the papers to the Secretary of State, who must file them.

A county elections official must use substantially the specified form when certifying nomination papers.

No filing fee is required to file nomination papers.

The Secretary of State must notify each steering committee at least 68 days before a presidential primary about whether it has qualified a candidate or uncommitted delegation for the ballot.

The Secretary of State must send county elections officials a certified list of presidential primary candidates and uncommitted delegation chairpersons at least 68 days before the election.

The Secretary of State must compile and file a statement of canvassed returns within 32 days after the election.

No fee may be required to get a certificate of selection as a delegate or alternate.

A space must be provided on the presidential primary ballot for voters to write in a candidate for Democratic Party nomination for President of the United States.

A prospective Democratic write-in presidential candidate must file an endorsement with the Secretary of State at least 21 days before the primary election, or their votes will not be counted.

This section applies the chapter to Republican Party presidential primary ballots and related delegate selection, and requires the California Republican Party to notify the Secretary of State about material rule changes affecting delegate selection.

The chairperson of the state central committee must notify the Secretary of State of the number of delegates by the 120th day before the presidential primary.

The number of delegates must be notified in substantially the specified form, addressed to the Secretary of State.

If the state central committee chairperson does not file the delegate notice, the Secretary of State must determine the number of delegates from the party’s national convention call.

The Secretary of State must certify the number of Republican Party delegates to each county elections official by the 110th day before the presidential primary.

The Secretary of State must place certain candidates on the Republican presidential primary ballot, must publish a candidate list by the 88th day before the election, may add candidates after the announcement, and may not remove any candidate already on the announced list.

If the Secretary of State places a candidate on the ballot, the Secretary must notify the candidate, and the candidate may withdraw by filing an affidavit no later than the 68th day before the election.

A selected or nonselected candidate may file a qualifying affidavit with the Secretary of State by the 68th day before the presidential primary to keep the candidate’s name off the certified ballot list and the ballot.

A candidate seeking placement on the Republican presidential primary ballot must circulate nomination papers and meet a signature requirement.

Nomination papers that are properly prepared, circulated, signed, and verified must be left with the county elections official for examination at least 81 days before the presidential primary.

A signer of a nomination paper may sign only one paper and must state an intention to support the candidate, plus provide a residence address and street number if any.

Nomination papers may be presented in sections, and each section must list the candidate names and the county name where it is circulated.

Circulator affidavits must be verified free of charge by an officer authorized to administer oaths, and no other affidavit is required.

A verified nomination paper counts 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 at the county elections official’s office.

This section provides the required form for a candidate’s nomination paper.

Circulators may obtain signatures for a candidate’s nomination paper only during the 120-to-81-day period before the presidential primary.

County elections officials and deputy county elections officials may not circulate nomination papers, and circulators may not collect signatures within 100 feet of an election booth or polling place.

Circulators must return each nomination paper section to the candidate or the candidate’s designee, and the candidate or designee must collect the county sections and leave them with the county elections official for examination.

Before filing, the sections of a candidate’s nomination paper must be numbered in order.

Counties may consolidate and fasten properly assembled nomination papers, but they must not fasten together papers signed by voters in different counties.

The county elections official must examine nomination papers and mark a voter’s name “not sufficient” if the voter’s registration affidavit is not in the same handwriting or if the voter has not stated an intention to affiliate with the Republican Party.

The county elections official must examine nomination papers within five days, certify the examination, and send the papers and certificate to the Secretary of State, who must file them.

A county elections official must use a substantially specified certificate form when certifying nomination papers for a candidate in the ensuing presidential primary.

A person to be voted for at a presidential primary does not have to pay a filing fee.

The Secretary of State must file a compiled statement of the canvassed returns within 32 days after the election.

The Secretary of State must issue a certificate of election to the candidate with the largest vote for that party by the 32nd day after the election.

The Secretary of State must issue a certification to each person selected as a delegate by the 32nd day after the election.

A space must be provided on the presidential primary ballot for an elector to write in a candidate for President of the United States.

A person who expects to be used as a write-in candidate for President must file an endorsement with the Secretary of State no later than 21 days before the primary election.

A write-in presidential candidate who wins a plurality must file a delegate list with the Secretary of State within 10 days after the primary election.

If a candidate does not file a list of delegates, the party’s state central committee must file the list with the Secretary of State within 10 days after the Section 6442 period ends.

A candidate who wants pledged electors or an official California delegation at the Republican National Convention must form a delegation that complies with Section 6461.

This section sets how Republican presidential primary delegates and alternates are chosen, when their names must be submitted, and how delegates may vote at the convention.

The Republican primary presidential ballot must follow Chapter 2 of Division 13, with specific wording and formatting exceptions.

This chapter applies only to the American Independent Party presidential primary ballot.

The presidential primary ballot must be split into a presidential preference portion and a delegate selection portion.

No filing fee is required for a person who will be voted on at a presidential primary.

The Secretary of State must place a candidate on the American Independent Party presidential preference ballot if the candidate is widely recognized in the news media as seeking that party’s presidential nomination.

The Secretary of State must notify a candidate when the candidate’s name will appear on the presidential primary ballot, and the candidate may withdraw by filing an affidavit with the Secretary of State no later than the 68th day before the election.

If a selected or unselected candidate files the required affidavit with the Secretary of State by the 68th day before the presidential primary, the candidate’s name must be left off the certified list and the ballot.

A candidate who wants placement on the presidential preference primary ballot without filing delegates must circulate nomination papers, and those papers must be signed by enough American Independent Party voters.

A presidential candidate’s name must be placed on the presidential preference portion of the ballot if pledged candidates have qualified by petition for the delegate selection portion.

The Chairperson of the American Independent Party’s State Central Committee must notify the Secretary of State how many delegates will represent the state in the party’s next national convention, no later than 120 days before the presidential primary.

The party’s delegate count notification must be sent in substantially the listed form to the Secretary of State.

If the chairperson does not file the delegate notice, the Secretary of State must determine the number of delegates from the party’s national convention call.

The Secretary of State must certify each county’s delegate number for the American Independent Party by the 110th day before the presidential primary.

At least three state voters who intend to affiliate with the American Independent Party may form a committee to propose a delegate slate, and the committee may carry out the steps needed to organize and file the nomination papers.

The committee must file a statement with the Secretary of State by the 104th day before the presidential primary election.

A nomination paper must group a number of delegate candidates equal to the total number of delegates to be elected by the party.