Elections Code
Part 8 of 12 · provisions 1,401–1,600
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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- 3114. Verify source ↗
## Elections Code - ELEC ## DIVISION 3. VOTE BY MAIL VOTING, NEW RESIDENT, AND NEW CITIZEN VOTING [3000 - 3123] ( Heading of Division 3 amended by Stats. 2007, Ch. 508, Sec. 10. ) ## CHAPTER 2. Military and Overseas Voters Application and Voting Procedures [3101 - 3123] ( Heading of Chapter 2 amended by Stats. 2012, Ch. 744, Sec. 3. )
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.
## Elections Code - ELEC ## DIVISION 3. VOTE BY MAIL VOTING, NEW RESIDENT, AND NEW CITIZEN VOTING [3000 - 3123] ( Heading of Division 3 amended by Stats. 2007, Ch. 508, Sec. 10. ) ## CHAPTER 2. Military and Overseas Voters Application and Voting Procedures [3101 - 3123] ( Heading of Chapter 2 amended by Stats. 2012, Ch. 744, Sec. 3. ) ## 3114. (a) For an election for which this state has not received a waiver pursuant to the federal Military and Overseas Voter Empowerment Act (52 U.S.C. Sec. 20301 et seq.), not sooner than 60 days but not later than 45 days before the election, the elections official shall transmit a ballot and balloting materials to each military or overseas voter who, by that date, submits a valid ballot application pursuant to Section 3102. (b) If a valid ballot application from a military or overseas voter arrives after the 45th day before the election, the elections official charged with distributing a ballot and balloting materials to that voter shall transmit them to the voter as soon as practicable after the application arrives. (Amended by Stats. 2016, Ch. 86, Sec. 94. (SB 1171) Effective January 1, 2017.) - 3116. Verify source ↗
## Elections Code - ELEC ## DIVISION 3. VOTE BY MAIL VOTING, NEW RESIDENT, AND NEW CITIZEN VOTING [3000 - 3123] ( Heading of Division 3 amended by Stats. 2007, Ch. 508, Sec. 10. ) ## CHAPTER 2. Military and Overseas Voters Application and Voting Procedures [3101 - 3123] ( Heading of Chapter 2 amended by Stats. 2012, Ch. 744, Sec. 3. )
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).
## Elections Code - ELEC ## DIVISION 3. VOTE BY MAIL VOTING, NEW RESIDENT, AND NEW CITIZEN VOTING [3000 - 3123] ( Heading of Division 3 amended by Stats. 2007, Ch. 508, Sec. 10. ) ## CHAPTER 2. Military and Overseas Voters Application and Voting Procedures [3101 - 3123] ( Heading of Chapter 2 amended by Stats. 2012, Ch. 744, Sec. 3. ) ## 3116. A military or overseas voter may use a federal write-in absentee ballot to vote for all offices and ballot measures described in subdivision (a) of Section 3102. (Added by Stats. 2012, Ch. 744, Sec. 19. (AB 1805) Effective January 1, 2013.) - 3116.5. Verify source ↗
## Elections Code - ELEC ## DIVISION 3. VOTE BY MAIL VOTING, NEW RESIDENT, AND NEW CITIZEN VOTING [3000 - 3123] ( Heading of Division 3 amended by Stats. 2007, Ch. 508, Sec. 10. ) ## CHAPTER 2. Military and Overseas Voters Application and Voting Procedures [3101 - 3123] ( Heading of Chapter 2 amended by Stats. 2012, Ch. 744, Sec. 3. )
A county elections official must let a military or overseas voter cast a ballot through a certified remote accessible vote by mail system.
## Elections Code - ELEC ## DIVISION 3. VOTE BY MAIL VOTING, NEW RESIDENT, AND NEW CITIZEN VOTING [3000 - 3123] ( Heading of Division 3 amended by Stats. 2007, Ch. 508, Sec. 10. ) ## CHAPTER 2. Military and Overseas Voters Application and Voting Procedures [3101 - 3123] ( Heading of Chapter 2 amended by Stats. 2012, Ch. 744, Sec. 3. ) ## 3116.5. (a) A county elections official shall permit a military or overseas voter to cast his or her ballot using a certified remote accessible vote by mail system. (b) This section does not apply to a county when conducting an all-mailed ballot election pursuant to Section 4005. (c) This section shall become operative on January 1, 2020, or one year after the date on which the Secretary of State certifies a remote accessible vote by mail system pursuant to Chapter 3.5 (commencing with Section 19280) of Division 19, whichever is later. (Added by Stats. 2018, Ch. 906, Sec. 3. (AB 1013) Effective January 1, 2019. Operative on or after January 1, 2020, as prescribed by its own provisions.) - 3117. Verify source ↗
## Elections Code - ELEC ## DIVISION 3. VOTE BY MAIL VOTING, NEW RESIDENT, AND NEW CITIZEN VOTING [3000 - 3123] ( Heading of Division 3 amended by Stats. 2007, Ch. 508, Sec. 10. ) ## CHAPTER 2. Military and Overseas Voters Application and Voting Procedures [3101 - 3123] ( Heading of Chapter 2 amended by Stats. 2012, Ch. 744, Sec. 3. )
A valid ballot must be counted if the elections official receives it in accordance with Section 3020.
## Elections Code - ELEC ## DIVISION 3. VOTE BY MAIL VOTING, NEW RESIDENT, AND NEW CITIZEN VOTING [3000 - 3123] ( Heading of Division 3 amended by Stats. 2007, Ch. 508, Sec. 10. ) ## CHAPTER 2. Military and Overseas Voters Application and Voting Procedures [3101 - 3123] ( Heading of Chapter 2 amended by Stats. 2012, Ch. 744, Sec. 3. ) ## 3117. A valid ballot cast shall be counted if it is received by the elections official in accordance with Section 3020. (Amended by Stats. 2014, Ch. 618, Sec. 2. (SB 29) Effective January 1, 2015.) - 3118. Verify source ↗
## Elections Code - ELEC ## DIVISION 3. VOTE BY MAIL VOTING, NEW RESIDENT, AND NEW CITIZEN VOTING [3000 - 3123] ( Heading of Division 3 amended by Stats. 2007, Ch. 508, Sec. 10. ) ## CHAPTER 2. Military and Overseas Voters Application and Voting Procedures [3101 - 3123] ( Heading of Chapter 2 amended by Stats. 2012, Ch. 744, Sec. 3. )
The elections official must include a declaration with the ballot for a military or overseas voter, and the voter must sign it.
## Elections Code - ELEC ## DIVISION 3. VOTE BY MAIL VOTING, NEW RESIDENT, AND NEW CITIZEN VOTING [3000 - 3123] ( Heading of Division 3 amended by Stats. 2007, Ch. 508, Sec. 10. ) ## CHAPTER 2. Military and Overseas Voters Application and Voting Procedures [3101 - 3123] ( Heading of Chapter 2 amended by Stats. 2012, Ch. 744, Sec. 3. ) ## 3118. The elections official shall include with the ballot a declaration to be signed by the military or overseas voter that a material misstatement of fact in completing the ballot may be grounds for a conviction of perjury under the laws of this state or the United States. (Added by Stats. 2012, Ch. 744, Sec. 21. (AB 1805) Effective January 1, 2013.) - 3119. Verify source ↗
## Elections Code - ELEC ## DIVISION 3. VOTE BY MAIL VOTING, NEW RESIDENT, AND NEW CITIZEN VOTING [3000 - 3123] ( Heading of Division 3 amended by Stats. 2007, Ch. 508, Sec. 10. ) ## CHAPTER 2. Military and Overseas Voters Application and Voting Procedures [3101 - 3123] ( Heading of Chapter 2 amended by Stats. 2012, Ch. 744, Sec. 3. )
Elections officials must set up an electronic free-access system that lets military or overseas voters check whether their ballot was received.
## Elections Code - ELEC ## DIVISION 3. VOTE BY MAIL VOTING, NEW RESIDENT, AND NEW CITIZEN VOTING [3000 - 3123] ( Heading of Division 3 amended by Stats. 2007, Ch. 508, Sec. 10. ) ## CHAPTER 2. Military and Overseas Voters Application and Voting Procedures [3101 - 3123] ( Heading of Chapter 2 amended by Stats. 2012, Ch. 744, Sec. 3. ) ## 3119. Elections officials shall implement an electronic free access system by which a military or overseas voter may determine by telephone, electronic mail, or Internet whether the military or overseas voter’s ballot has been received. (Added by Stats. 2012, Ch. 744, Sec. 22. (AB 1805) Effective January 1, 2013.) - 312. 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 4. Definitions [300 - 362] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. )
This section defines “county measure” to include several types of county-related proposals, questions, and bond measures submitted to voters.
## Elections Code - ELEC ## DIVISION 0.5. PRELIMINARY PROVISIONS [1 - 362] ( Division 0.5 heading added by Stats. 1996, Ch. 1143, Sec. 17. ) ## CHAPTER 4. Definitions [300 - 362] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 312. “County measure” includes any proposed county charter, any proposed amendment to a county charter, any proposition for the issuance of funding or refunding bonds of the county, any other question or proposition submitted to the voters of a county at any election held throughout an entire single county, any advisory question, or any bond proposal or any advisory question submitted to the voters of any public district although the boundaries of the district may be coterminous with those of the county. (Enacted by Stats. 1994, Ch. 920, Sec. 2.) - 3120. Verify source ↗
## Elections Code - ELEC ## DIVISION 3. VOTE BY MAIL VOTING, NEW RESIDENT, AND NEW CITIZEN VOTING [3000 - 3123] ( Heading of Division 3 amended by Stats. 2007, Ch. 508, Sec. 10. ) ## CHAPTER 2. Military and Overseas Voters Application and Voting Procedures [3101 - 3123] ( Heading of Chapter 2 amended by Stats. 2012, Ch. 744, Sec. 3. )
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 Code - ELEC ## DIVISION 3. VOTE BY MAIL VOTING, NEW RESIDENT, AND NEW CITIZEN VOTING [3000 - 3123] ( Heading of Division 3 amended by Stats. 2007, Ch. 508, Sec. 10. ) ## CHAPTER 2. Military and Overseas Voters Application and Voting Procedures [3101 - 3123] ( Heading of Chapter 2 amended by Stats. 2012, Ch. 744, Sec. 3. ) ## 3120. The elections official shall request an electronic mail address from each military or overseas voter who registers to vote. A military or overseas voter who provides an electronic mail address may request that his or her application for a ballot be considered a standing request for electronic delivery of a ballot for all elections conducted in the jurisdiction in which he or she is eligible to vote. An elections official shall provide for electronic delivery of a ballot to a military or overseas voter who makes a standing request for all elections conducted in the jurisdiction in which he or she is eligible to vote. (Amended by Stats. 2014, Ch. 649, Sec. 1. (AB 1589) Effective January 1, 2015.) - 3121. Verify source ↗
## Elections Code - ELEC ## DIVISION 3. VOTE BY MAIL VOTING, NEW RESIDENT, AND NEW CITIZEN VOTING [3000 - 3123] ( Heading of Division 3 amended by Stats. 2007, Ch. 508, Sec. 10. ) ## CHAPTER 2. Military and Overseas Voters Application and Voting Procedures [3101 - 3123] ( Heading of Chapter 2 amended by Stats. 2012, Ch. 744, Sec. 3. )
Elections officials must post and update a ballot-information list online, and send a copy to military or overseas voters who request it.
## Elections Code - ELEC ## DIVISION 3. VOTE BY MAIL VOTING, NEW RESIDENT, AND NEW CITIZEN VOTING [3000 - 3123] ( Heading of Division 3 amended by Stats. 2007, Ch. 508, Sec. 10. ) ## CHAPTER 2. Military and Overseas Voters Application and Voting Procedures [3101 - 3123] ( Heading of Chapter 2 amended by Stats. 2012, Ch. 744, Sec. 3. ) ## 3121. (a) As soon as practicable before an election, each elections official shall publish on his or her Internet Web site a list of all of the ballot measures and federal, state, and local offices that, as of that date, the elections official expects to be on the ballot on the date of the election. The list shall also contain specific instructions for how a voter is to indicate on a federal write-in absentee ballot the voter’s choice for each office to be filled and for each ballot measure to be contested. (b) A military or overseas voter may request a copy of the list described in subdivision (a). The elections official shall send the list to the voter by facsimile, electronic mail, or regular mail, as the voter requests. (c) Not later than 60 days before a regularly scheduled election and as soon as practicable before a special election, the elections official shall update on his or her Internet Web site the list described in subdivision (a) with the certified candidates for each office and certified ballot measures and make the updated list publicly available. (Added by Stats. 2012, Ch. 744, Sec. 24. (AB 1805) Effective January 1, 2013.) - 3122. Verify source ↗
## Elections Code - ELEC ## DIVISION 3. VOTE BY MAIL VOTING, NEW RESIDENT, AND NEW CITIZEN VOTING [3000 - 3123] ( Heading of Division 3 amended by Stats. 2007, Ch. 508, Sec. 10. ) ## CHAPTER 2. Military and Overseas Voters Application and Voting Procedures [3101 - 3123] ( Heading of Chapter 2 amended by Stats. 2012, Ch. 744, Sec. 3. )
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.
## Elections Code - ELEC ## DIVISION 3. VOTE BY MAIL VOTING, NEW RESIDENT, AND NEW CITIZEN VOTING [3000 - 3123] ( Heading of Division 3 amended by Stats. 2007, Ch. 508, Sec. 10. ) ## CHAPTER 2. Military and Overseas Voters Application and Voting Procedures [3101 - 3123] ( Heading of Chapter 2 amended by Stats. 2012, Ch. 744, Sec. 3. ) ## 3122. (a) If a military or overseas voter’s mistake or omission in the completion of a document under this chapter does not prevent determining whether a military or overseas voter is eligible to vote, the mistake or omission does not invalidate the document. In a write-in ballot authorized by this chapter, if the intention of the voter is discernible under this state’s uniform definition of what constitutes a vote and the ballot is eligible to be counted pursuant to Sections 3019 and 3106, an abbreviation, misspelling, or other minor variation in the form of the name of a candidate or a political party shall be accepted as a valid vote. (b) An authentication, other than the declaration specified in Section 3106 or 3118 or the declaration on the federal postcard application and federal write-in absentee ballot, is not required for execution of a document under this chapter. The declaration and any information in the declaration may be compared with information on file to ascertain the validity of the document. (Amended by Stats. 2013, Ch. 560, Sec. 4. (AB 1417) Effective January 1, 2014.) - 3123. Verify source ↗
## Elections Code - ELEC ## DIVISION 3. VOTE BY MAIL VOTING, NEW RESIDENT, AND NEW CITIZEN VOTING [3000 - 3123] ( Heading of Division 3 amended by Stats. 2007, Ch. 508, Sec. 10. ) ## CHAPTER 2. Military and Overseas Voters Application and Voting Procedures [3101 - 3123] ( Heading of Chapter 2 amended by Stats. 2012, Ch. 744, Sec. 3. )
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.
## Elections Code - ELEC ## DIVISION 3. VOTE BY MAIL VOTING, NEW RESIDENT, AND NEW CITIZEN VOTING [3000 - 3123] ( Heading of Division 3 amended by Stats. 2007, Ch. 508, Sec. 10. ) ## CHAPTER 2. Military and Overseas Voters Application and Voting Procedures [3101 - 3123] ( Heading of Chapter 2 amended by Stats. 2012, Ch. 744, Sec. 3. ) ## 3123. A court may issue an injunction or grant other equitable relief appropriate to ensure substantial compliance with, or enforce, this chapter on application by either of the following: (a) A military or overseas voter. (b) An elections official in this state. (Added by Stats. 2012, Ch. 744, Sec. 26. (AB 1805) Effective January 1, 2013.) - 313. 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 4. Definitions [300 - 362] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. )
“County office” means the office filled by any county officer.
## Elections Code - ELEC ## DIVISION 0.5. PRELIMINARY PROVISIONS [1 - 362] ( Division 0.5 heading added by Stats. 1996, Ch. 1143, Sec. 17. ) ## CHAPTER 4. Definitions [300 - 362] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 313. “County office” means the office filled by any county officer. (Enacted by Stats. 1994, Ch. 920, Sec. 2.) - 314. 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 4. Definitions [300 - 362] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. )
“County officer” means an elected officer listed in Division 2 of Title 3 of the Government Code.
## Elections Code - ELEC ## DIVISION 0.5. PRELIMINARY PROVISIONS [1 - 362] ( Division 0.5 heading added by Stats. 1996, Ch. 1143, Sec. 17. ) ## CHAPTER 4. Definitions [300 - 362] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 314. “County officer” means any elected officer enumerated in Division 2 (commencing with Section 24000) of Title 3 of the Government Code. (Enacted by Stats. 1994, Ch. 920, Sec. 2.) - 316. 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 4. Definitions [300 - 362] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. )
“Direct primary” means the primary election held on specific March or June dates depending on the even-numbered year.
## Elections Code - ELEC ## DIVISION 0.5. PRELIMINARY PROVISIONS [1 - 362] ( Division 0.5 heading added by Stats. 1996, Ch. 1143, Sec. 17. ) ## CHAPTER 4. Definitions [300 - 362] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 316. “Direct primary” is the primary election held on the first Tuesday after the first Monday in June in each even-numbered year that is not evenly divisible by four and on the first Tuesday after the first Monday in March in each even-numbered year that is evenly divisible by four. (Amended by Stats. 2020, Ch. 111, Sec. 2. (SB 970) Effective January 1, 2021.) - 317. 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 4. Definitions [300 - 362] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. )
For initiative and referendum purposes, “District” includes certain regional agencies with taxing, land-use, or land-acquisition power.
## Elections Code - ELEC ## DIVISION 0.5. PRELIMINARY PROVISIONS [1 - 362] ( Division 0.5 heading added by Stats. 1996, Ch. 1143, Sec. 17. ) ## CHAPTER 4. Definitions [300 - 362] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 317. “District,” for purposes of initiative and referendum under Chapter 4 (commencing with Section 9300) of Division 9, includes any regional agency that has the power to tax, to regulate land use, or to condemn and purchase land. (Enacted by Stats. 1994, Ch. 920, Sec. 2.) - 318. 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 4. Definitions [300 - 362] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. )
“Election” is defined to include any election, including a primary, that is provided for under this code.
## Elections Code - ELEC ## DIVISION 0.5. PRELIMINARY PROVISIONS [1 - 362] ( Division 0.5 heading added by Stats. 1996, Ch. 1143, Sec. 17. ) ## CHAPTER 4. Definitions [300 - 362] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 318. “Election” means any election including a primary that is provided for under this code. (Enacted by Stats. 1994, Ch. 920, Sec. 2.) - 319. 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 4. Definitions [300 - 362] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. )
This section defines “election board” for the Elections Code.
## Elections Code - ELEC ## DIVISION 0.5. PRELIMINARY PROVISIONS [1 - 362] ( Division 0.5 heading added by Stats. 1996, Ch. 1143, Sec. 17. ) ## CHAPTER 4. Definitions [300 - 362] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 319. “Election board” means the board of supervisors of each county, the city council or other governing body of a city, or any board or officer to whom similar powers and duties are given by any charter. (Enacted by Stats. 1994, Ch. 920, Sec. 2.) - 319.5. 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 4. Definitions [300 - 362] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. )
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.
## Elections Code - ELEC ## DIVISION 0.5. PRELIMINARY PROVISIONS [1 - 362] ( Division 0.5 heading added by Stats. 1996, Ch. 1143, Sec. 17. ) ## CHAPTER 4. Definitions [300 - 362] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 319.5. (a) “Electioneering” means the visible display or audible dissemination of information that advocates for or against any candidate or measure on the ballot within the 100 foot limit specified in subdivision (b). Prohibited electioneering information or activity includes, but is not limited to, any of the following: (1) A display of a candidate’s name, likeness, or logo. (2) A display of a ballot measure’s number, title, subject, or logo. (3) Buttons, hats, pencils, pens, shirts, signs, or stickers containing electioneering information. (4) Dissemination of audible electioneering information. (5) Obstructing access to, loitering near, or disseminating visible or audible electioneering information at vote by mail ballot drop boxes. (b) The activities described in subdivision (a) are prohibited within 100 feet of either of the following: (1) The entrance to a building that contains a polling place as defined by Section 338.5, an elections official’s office, or a satellite location. (2) An outdoor site, including a curbside voting area, at which a voter may cast or drop off a ballot. (Amended by Stats. 2025, Ch. 296, Sec. 1. (AB 1249) Effective January 1, 2026.) - 320. 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 4. Definitions [300 - 362] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. )
This section defines “elections official.”
## Elections Code - ELEC ## DIVISION 0.5. PRELIMINARY PROVISIONS [1 - 362] ( Division 0.5 heading added by Stats. 1996, Ch. 1143, Sec. 17. ) ## CHAPTER 4. Definitions [300 - 362] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 320. “Elections official” means any of the following: (a) A clerk or any person who is charged with the duty of conducting an election. (b) A county clerk, city clerk, registrar of voters, or elections supervisor having jurisdiction over elections within any county, city, or district within the state. (Amended by Stats. 2007, Ch. 125, Sec. 1. Effective January 1, 2008.) - 321. 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 4. Definitions [300 - 362] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. )
This section defines who counts as an “elector” and treats certain qualifying electors as residents of the state for this code.
## Elections Code - ELEC ## DIVISION 0.5. PRELIMINARY PROVISIONS [1 - 362] ( Division 0.5 heading added by Stats. 1996, Ch. 1143, Sec. 17. ) ## CHAPTER 4. Definitions [300 - 362] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 321. (a) “Elector” means a person who is a United States citizen 18 years of age or older and, except as specified in subdivision (b), is a resident of an election precinct in this state on or before the day of an election. (b) “Elector” also means a person described in paragraph (2) of subdivision (b) of Section 300, who, except for the residence requirement specified in subdivision (a), is eligible to vote in this state and meets either of the following conditions: (1) He or she was a resident of this state when he or she was last living within the territorial limits of the United States or the District of Columbia. (2) He or she was born outside of the United States or the District of Columbia, his or her parent or legal guardian was a resident of this state when the parent or legal guardian was last living within the territorial limits of the United States or the District of Columbia, and he or she has not previously registered to vote in any other state. (c) Each person qualifying as an elector under subdivision (b) shall be deemed to be a resident of this state for purposes of this code and Section 2 of Article II of the California Constitution. (Amended by Stats. 2018, Ch. 113, Sec. 1. (SB 1171) Effective January 1, 2019.) - 322. 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 4. Definitions [300 - 362] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. )
“Electoral jurisdiction” means the area where voters who are qualified to vote for the recalled officer live, for use in Division 11.
## Elections Code - ELEC ## DIVISION 0.5. PRELIMINARY PROVISIONS [1 - 362] ( Division 0.5 heading added by Stats. 1996, Ch. 1143, Sec. 17. ) ## CHAPTER 4. Definitions [300 - 362] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 322. “Electoral jurisdiction,” as used in Division 11 (commencing with Section 11000), means the area within which the voters reside who are qualified to vote for the officer sought to be recalled. (Enacted by Stats. 1994, Ch. 920, Sec. 2.) - 323. 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 4. Definitions [300 - 362] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. )
This section defines “federal election” for the code.
## Elections Code - ELEC ## DIVISION 0.5. PRELIMINARY PROVISIONS [1 - 362] ( Division 0.5 heading added by Stats. 1996, Ch. 1143, Sec. 17. ) ## CHAPTER 4. Definitions [300 - 362] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 323. “Federal election” means any presidential election, general election, primary election, or special election held solely or in part for the purpose of selecting, nominating, or electing any candidate for the office of President, Vice President, presidential elector, Member of the United States Senate, or Member of the United States House of Representatives. (Enacted by Stats. 1994, Ch. 920, Sec. 2.) - 324. 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 4. Definitions [300 - 362] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. )
This section defines “general election” and states that, at each general election, certain federal offices are to be elected.
## Elections Code - ELEC ## DIVISION 0.5. PRELIMINARY PROVISIONS [1 - 362] ( Division 0.5 heading added by Stats. 1996, Ch. 1143, Sec. 17. ) ## CHAPTER 4. Definitions [300 - 362] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 324. (a) “General election” means either of the following: (1) The election held throughout the state on the first Tuesday after the first Monday of November in each even-numbered year. (2) Any statewide election held on a regular election date as specified in Section 1000. (b) At each general election there shall be elected to the Congress of the United States: (1) One Representative for each congressional district. (2) One Senator, when the general election immediately precedes the commencement of a full term. (Enacted by Stats. 1994, Ch. 920, Sec. 2.) - 325. 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 4. Definitions [300 - 362] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. )
This section defines “Inspector” as the supervisor of the precinct board of which the person is a member.
## Elections Code - ELEC ## DIVISION 0.5. PRELIMINARY PROVISIONS [1 - 362] ( Division 0.5 heading added by Stats. 1996, Ch. 1143, Sec. 17. ) ## CHAPTER 4. Definitions [300 - 362] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 325. “Inspector” means the supervisor of the precinct board of which he or she is a member. (Added by Stats. 2017, Ch. 806, Sec. 2. (SB 286) Effective January 1, 2018.) - 326. 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 4. Definitions [300 - 362] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. )
“Judicial office” means the office filled by any judicial officer.
## Elections Code - ELEC ## DIVISION 0.5. PRELIMINARY PROVISIONS [1 - 362] ( Division 0.5 heading added by Stats. 1996, Ch. 1143, Sec. 17. ) ## CHAPTER 4. Definitions [300 - 362] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 326. “Judicial office” means the office filled by any judicial officer. (Enacted by Stats. 1994, Ch. 920, Sec. 2.) - 327. 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 4. Definitions [300 - 362] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. )
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.
## Elections Code - ELEC ## DIVISION 0.5. PRELIMINARY PROVISIONS [1 - 362] ( Division 0.5 heading added by Stats. 1996, Ch. 1143, Sec. 17. ) ## CHAPTER 4. Definitions [300 - 362] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 327. “Judicial officer” means any Justice of the Supreme Court, justice of a court of appeal, or judge of the superior court. (Amended by Stats. 2002, Ch. 784, Sec. 94. Effective January 1, 2003.) - 327.5. 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 4. Definitions [300 - 362] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. )
This section defines “jurisdiction” for this code.
## Elections Code - ELEC ## DIVISION 0.5. PRELIMINARY PROVISIONS [1 - 362] ( Division 0.5 heading added by Stats. 1996, Ch. 1143, Sec. 17. ) ## CHAPTER 4. Definitions [300 - 362] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 327.5. “Jurisdiction” means any county, city and county, city, or special district that conducts elections pursuant to this code. (Added by Stats. 2024, Ch. 605, Sec. 1. (SB 1328) Effective September 25, 2024.) - 328. 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 4. Definitions [300 - 362] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. )
A “local election” means a municipal, county, or district election.
## Elections Code - ELEC ## DIVISION 0.5. PRELIMINARY PROVISIONS [1 - 362] ( Division 0.5 heading added by Stats. 1996, Ch. 1143, Sec. 17. ) ## CHAPTER 4. Definitions [300 - 362] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 328. “Local election” is a municipal, county, or district election. (Enacted by Stats. 1994, Ch. 920, Sec. 2.) - 329. 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 4. Definitions [300 - 362] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. )
“Measure” means a constitutional amendment or other proposition submitted to a popular vote at an election.
## Elections Code - ELEC ## DIVISION 0.5. PRELIMINARY PROVISIONS [1 - 362] ( Division 0.5 heading added by Stats. 1996, Ch. 1143, Sec. 17. ) ## CHAPTER 4. Definitions [300 - 362] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 329. “Measure” means any constitutional amendment or other proposition submitted to a popular vote at any election. (Enacted by Stats. 1994, Ch. 920, Sec. 2.) - 330. 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 4. Definitions [300 - 362] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. )
“Municipal election” means elections in general law cities, and in chartered cities where applicable.
## Elections Code - ELEC ## DIVISION 0.5. PRELIMINARY PROVISIONS [1 - 362] ( Division 0.5 heading added by Stats. 1996, Ch. 1143, Sec. 17. ) ## CHAPTER 4. Definitions [300 - 362] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 330. “Municipal election” means elections in general law cities and where applicable in chartered cities. (Enacted by Stats. 1994, Ch. 920, Sec. 2.) - 332.5. 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 4. Definitions [300 - 362] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. )
“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.
## Elections Code - ELEC ## DIVISION 0.5. PRELIMINARY PROVISIONS [1 - 362] ( Division 0.5 heading added by Stats. 1996, Ch. 1143, Sec. 17. ) ## CHAPTER 4. Definitions [300 - 362] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 332.5. “Nominate” means the selection, at a state-conducted primary election, of candidates who are entitled by law to participate in the general election for that office, but does not mean any other lawful mechanism that a political party may adopt for the purposes of choosing the candidate who is preferred by the party for a nonpartisan or voter-nominated office. (Amended by Stats. 2011, Ch. 296, Sec. 78. (AB 1023) Effective January 1, 2012.) - 333. 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 4. Definitions [300 - 362] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. )
“Nomination documents” means declaration of candidacy and nomination papers.
## Elections Code - ELEC ## DIVISION 0.5. PRELIMINARY PROVISIONS [1 - 362] ( Division 0.5 heading added by Stats. 1996, Ch. 1143, Sec. 17. ) ## CHAPTER 4. Definitions [300 - 362] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 333. “Nomination documents” means declaration of candidacy and nomination papers. (Added by renumbering Section 6489 by Stats. 1996, Ch. 1143, Sec. 43. Effective September 30, 1996.) - 334. 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 4. Definitions [300 - 362] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. )
This section defines “nonpartisan office” as an office, other than a voter-nominated office, where no party may nominate a candidate.
## Elections Code - ELEC ## DIVISION 0.5. PRELIMINARY PROVISIONS [1 - 362] ( Division 0.5 heading added by Stats. 1996, Ch. 1143, Sec. 17. ) ## CHAPTER 4. Definitions [300 - 362] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 334. “Nonpartisan office” means an office, except for a voter-nominated office, for which no party may nominate a candidate. Judicial, school, county, and municipal offices, including the Superintendent of Public Instruction, are nonpartisan offices. (Amended by Stats. 2012, Ch. 3, Sec. 3. (AB 1413) Effective February 10, 2012.) - 335. 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 4. Definitions [300 - 362] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. )
For this code section, “oath” also means affirmation.
## Elections Code - ELEC ## DIVISION 0.5. PRELIMINARY PROVISIONS [1 - 362] ( Division 0.5 heading added by Stats. 1996, Ch. 1143, Sec. 17. ) ## CHAPTER 4. Definitions [300 - 362] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 335. “Oath” includes affirmation. (Enacted by Stats. 1994, Ch. 920, Sec. 2.) - 335.5. 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 4. Definitions [300 - 362] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. )
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.
## Elections Code - ELEC ## DIVISION 0.5. PRELIMINARY PROVISIONS [1 - 362] ( Division 0.5 heading added by Stats. 1996, Ch. 1143, Sec. 17. ) ## CHAPTER 4. Definitions [300 - 362] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 335.5. The “official canvass” is the public process of processing and tallying all ballots received in an election, including, but not limited to, provisional ballots and vote by mail ballots not included in the semifinal official canvass. The official canvass also includes the process of reconciling ballots, attempting to prohibit duplicate voting by vote by mail and provisional voters, and performance of the manual tally of 1 percent of all precincts. (Amended by Stats. 2007, Ch. 508, Sec. 2. Effective January 1, 2008.) - 336. 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 4. Definitions [300 - 362] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. )
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.
## Elections Code - ELEC ## DIVISION 0.5. PRELIMINARY PROVISIONS [1 - 362] ( Division 0.5 heading added by Stats. 1996, Ch. 1143, Sec. 17. ) ## CHAPTER 4. Definitions [300 - 362] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 336. The “official summary date” is the date a circulating title and summary of a proposed initiative measure is delivered or mailed by the Attorney General to the proponents of the proposed measure. (Amended by Stats. 2009, Ch. 373, Sec. 3. (AB 753) Effective January 1, 2010.) - 336.5. 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 4. Definitions [300 - 362] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. )
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.
## Elections Code - ELEC ## DIVISION 0.5. PRELIMINARY PROVISIONS [1 - 362] ( Division 0.5 heading added by Stats. 1996, Ch. 1143, Sec. 17. ) ## CHAPTER 4. Definitions [300 - 362] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 336.5. (a) “One percent manual tally” is the public process of manually tallying votes in 1 percent of the precincts, selected at random by the elections official, and in one precinct for each race not included in the randomly selected precincts. This procedure is conducted during the official canvass to verify the accuracy of the automated count. (b) In an election conducted using vote centers, a 1 percent manual tally can be conducted using the batch process set forth in Section 15360. (Amended by Stats. 2017, Ch. 806, Sec. 3. (SB 286) Effective January 1, 2018.) - 336.7. 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 4. Definitions [300 - 362] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. )
This section defines “out-of-state emergency worker.”
## Elections Code - ELEC ## DIVISION 0.5. PRELIMINARY PROVISIONS [1 - 362] ( Division 0.5 heading added by Stats. 1996, Ch. 1143, Sec. 17. ) ## CHAPTER 4. Definitions [300 - 362] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 336.7. “Out-of-state emergency worker” means a voter who is officially engaged in responding to the proclamation of an out-of-state emergency and whose vocation has been identified in an executive order relating to the state of emergency. (Added by Stats. 2013, Ch. 566, Sec. 2. (SB 362) Effective January 1, 2014.) - 337. 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 4. Definitions [300 - 362] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. )
This section defines “partisan office” or “party-nominated office.”
## Elections Code - ELEC ## DIVISION 0.5. PRELIMINARY PROVISIONS [1 - 362] ( Division 0.5 heading added by Stats. 1996, Ch. 1143, Sec. 17. ) ## CHAPTER 4. Definitions [300 - 362] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 337. “Partisan office” or “party-nominated office” means any of the following offices: (a) President of the United States, Vice President of the United States, and the delegates therefor. (b) Elected member of a party committee. (Amended by Stats. 2011, Ch. 296, Sec. 79. (AB 1023) Effective January 1, 2012.) - 338. 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 4. Definitions [300 - 362] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. )
“Party” means a political party or organization that has qualified to participate in a primary or presidential general election.
## Elections Code - ELEC ## DIVISION 0.5. PRELIMINARY PROVISIONS [1 - 362] ( Division 0.5 heading added by Stats. 1996, Ch. 1143, Sec. 17. ) ## CHAPTER 4. Definitions [300 - 362] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 338. “Party” means a political party or organization that has qualified for participation in any primary or presidential general election. (Amended by Stats. 2013, Ch. 511, Sec. 2. (AB 1419) Effective January 1, 2014.) - 338.5. 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 4. Definitions [300 - 362] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. )
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.
## Elections Code - ELEC ## DIVISION 0.5. PRELIMINARY PROVISIONS [1 - 362] ( Division 0.5 heading added by Stats. 1996, Ch. 1143, Sec. 17. ) ## CHAPTER 4. Definitions [300 - 362] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 338.5. “Polling place” means a location where a voter casts a ballot and includes the following terms, as applicable: poll, polling location, and vote center. A polling place can serve more than one precinct. (Added by Stats. 2017, Ch. 806, Sec. 4. (SB 286) Effective January 1, 2018.) - 338.6. 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 4. Definitions [300 - 362] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. )
“Precinct” is defined as a geographical area within a county made up of voters and formed under the cited division.
## Elections Code - ELEC ## DIVISION 0.5. PRELIMINARY PROVISIONS [1 - 362] ( Division 0.5 heading added by Stats. 1996, Ch. 1143, Sec. 17. ) ## CHAPTER 4. Definitions [300 - 362] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 338.6. “Precinct” means a geographical area within a county that is made up of voters and is formed pursuant to Chapter 3 (commencing with Section 12200) of Division 12. All voters from the same precinct are assigned to a specific polling place for an election. In an election conducted using vote centers, eligible voters from any precinct within the county can use any vote center located within the county. (Added by Stats. 2017, Ch. 806, Sec. 5. (SB 286) Effective January 1, 2018.) - 339. 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 4. Definitions [300 - 362] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. )
This section defines “precinct board” and “precinct board member.”
## Elections Code - ELEC ## DIVISION 0.5. PRELIMINARY PROVISIONS [1 - 362] ( Division 0.5 heading added by Stats. 1996, Ch. 1143, Sec. 17. ) ## CHAPTER 4. Definitions [300 - 362] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 339. (a) “Precinct board” is the board appointed by the elections official to serve at a single precinct or a consolidated precinct. In an election conducted using vote centers, “precinct board” means the board appointed by the elections official to serve at a vote center. (b) “Precinct board,” when used in relation to proceedings taking place after the polls have closed, likewise includes any substitutive canvassing and counting board that may have been appointed to take the place of the board theretofore serving. (c) “Precinct board member” is a member of the precinct board and includes an election officer. (Amended by Stats. 2017, Ch. 806, Sec. 6. (SB 286) Effective January 1, 2018.) - 340. 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 4. Definitions [300 - 362] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. )
“Presidential primary” means the primary election held on the first Tuesday after the first Monday in March of a year evenly divisible by four.
## Elections Code - ELEC ## DIVISION 0.5. PRELIMINARY PROVISIONS [1 - 362] ( Division 0.5 heading added by Stats. 1996, Ch. 1143, Sec. 17. ) ## CHAPTER 4. Definitions [300 - 362] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 340. “Presidential primary” is the primary election that is held on the first Tuesday after the first Monday in March of any year that is evenly divisible by four. (Amended by Stats. 2020, Ch. 111, Sec. 3. (SB 970) Effective January 1, 2021.) - 341. 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 4. Definitions [300 - 362] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. )
This section defines “primary election” to include all primary nominating elections provided for by the code.
## Elections Code - ELEC ## DIVISION 0.5. PRELIMINARY PROVISIONS [1 - 362] ( Division 0.5 heading added by Stats. 1996, Ch. 1143, Sec. 17. ) ## CHAPTER 4. Definitions [300 - 362] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 341. “Primary election” includes all primary nominating elections provided for by this code. (Enacted by Stats. 1994, Ch. 920, Sec. 2.) - 342. 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 4. Definitions [300 - 362] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. )
This section defines who counts as the proponent of an initiative or referendum measure.
## Elections Code - ELEC ## DIVISION 0.5. PRELIMINARY PROVISIONS [1 - 362] ( Division 0.5 heading added by Stats. 1996, Ch. 1143, Sec. 17. ) ## CHAPTER 4. Definitions [300 - 362] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 342. “Proponent or proponents of an initiative or referendum measure” means, for statewide initiative and referendum measures, the elector or electors who submit the text of a proposed initiative or referendum to the Attorney General with a request that he or she prepare a circulating title and summary of the chief purpose and points of the proposed measure; or for other initiative and referendum measures, the person or persons who publish a notice or intention to circulate petitions, or, where publication is not required, who file petitions with the elections official or legislative body. (Amended by Stats. 2009, Ch. 373, Sec. 4. (AB 753) Effective January 1, 2010.) - 343. 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 4. Definitions [300 - 362] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. )
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.
## Elections Code - ELEC ## DIVISION 0.5. PRELIMINARY PROVISIONS [1 - 362] ( Division 0.5 heading added by Stats. 1996, Ch. 1143, Sec. 17. ) ## CHAPTER 4. Definitions [300 - 362] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 343. “Proponent or proponents of a recall petition” means the person or persons who have charge or control of the circulation of, or obtaining signatures, to such petitions. (Enacted by Stats. 1994, Ch. 920, Sec. 2.) - 344. 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 4. Definitions [300 - 362] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. )
This section defines “punchcard” as a tabulating card that a voter may use to record a vote by punching, marking, or slotting it.
## Elections Code - ELEC ## DIVISION 0.5. PRELIMINARY PROVISIONS [1 - 362] ( Division 0.5 heading added by Stats. 1996, Ch. 1143, Sec. 17. ) ## CHAPTER 4. Definitions [300 - 362] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 344. “Punchcard” means a tabulating card on which the voter may record his or her vote by punching, marking, or slotting. (Enacted by Stats. 1994, Ch. 920, Sec. 2.) - 345. 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 4. Definitions [300 - 362] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. )
“Punching” includes marking a ballot card to record a vote.
## Elections Code - ELEC ## DIVISION 0.5. PRELIMINARY PROVISIONS [1 - 362] ( Division 0.5 heading added by Stats. 1996, Ch. 1143, Sec. 17. ) ## CHAPTER 4. Definitions [300 - 362] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 345. “Punching” includes marking a ballot card to record a vote. (Enacted by Stats. 1994, Ch. 920, Sec. 2.) - 346. 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 4. Definitions [300 - 362] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. )
“Rebuttable presumption” means a presumption that affects the burden of producing evidence.
## Elections Code - ELEC ## DIVISION 0.5. PRELIMINARY PROVISIONS [1 - 362] ( Division 0.5 heading added by Stats. 1996, Ch. 1143, Sec. 17. ) ## CHAPTER 4. Definitions [300 - 362] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 346. “Rebuttable presumption” shall be deemed a presumption which affects the burden of producing evidence. (Enacted by Stats. 1994, Ch. 920, Sec. 2.) - 348. 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 4. Definitions [300 - 362] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. )
A “regular election” means an election whose time is set by law.
## Elections Code - ELEC ## DIVISION 0.5. PRELIMINARY PROVISIONS [1 - 362] ( Division 0.5 heading added by Stats. 1996, Ch. 1143, Sec. 17. ) ## CHAPTER 4. Definitions [300 - 362] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 348. “Regular election” is an election, the specific time for the holding of which is prescribed by law. (Enacted by Stats. 1994, Ch. 920, Sec. 2.) - 349. 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 4. Definitions [300 - 362] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. )
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.
## Elections Code - ELEC ## DIVISION 0.5. PRELIMINARY PROVISIONS [1 - 362] ( Division 0.5 heading added by Stats. 1996, Ch. 1143, Sec. 17. ) ## CHAPTER 4. Definitions [300 - 362] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 349. (a) “Residence” for voting purposes means a person’s domicile. (b) The domicile of a person is that place in which his or her habitation is fixed, wherein the person has the intention of remaining, and to which, whenever he or she is absent, the person has the intention of returning. At a given time, a person may have only one domicile. (c) The residence of a person is that place in which the person’s habitation is fixed for some period of time, but wherein he or she does not have the intention of remaining. At a given time, a person may have more than one residence. (Enacted by Stats. 1994, Ch. 920, Sec. 2.) - 349.5. 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 4. Definitions [300 - 362] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. )
This section defines “roster” as the official list of voters for an election, which may be kept on paper or electronically.
## Elections Code - ELEC ## DIVISION 0.5. PRELIMINARY PROVISIONS [1 - 362] ( Division 0.5 heading added by Stats. 1996, Ch. 1143, Sec. 17. ) ## CHAPTER 4. Definitions [300 - 362] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 349.5. “Roster” means the official list of voters for an election, which may be in paper or electronic form. The roster becomes the official list of voters who have voted in the election once signed by the voter or marked by the elections official. (Added by Stats. 2017, Ch. 806, Sec. 7. (SB 286) Effective January 1, 2018.) - 350. 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 4. Definitions [300 - 362] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. )
“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.
## Elections Code - ELEC ## DIVISION 0.5. PRELIMINARY PROVISIONS [1 - 362] ( Division 0.5 heading added by Stats. 1996, Ch. 1143, Sec. 17. ) ## CHAPTER 4. Definitions [300 - 362] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 350. “School measure” means any proposition, including but not limited to, a proposal for the issuance of bonds by a school district or community college district, an increase in the maximum tax rate of a school district or community college district, or the acceptance, expenditure, and repayment of state funds by a school district or community college district to enable the district to construct buildings and other facilities, submitted to the voters of the district at any election held in the district. (Enacted by Stats. 1994, Ch. 920, Sec. 2.) - 351. 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 4. Definitions [300 - 362] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. )
“School office” means the office filled by any school officer.
## Elections Code - ELEC ## DIVISION 0.5. PRELIMINARY PROVISIONS [1 - 362] ( Division 0.5 heading added by Stats. 1996, Ch. 1143, Sec. 17. ) ## CHAPTER 4. Definitions [300 - 362] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 351. “School office” means the office filled by any school officer. (Enacted by Stats. 1994, Ch. 920, Sec. 2.) - 352. 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 4. Definitions [300 - 362] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. )
“School officer” means the Superintendent of Public Instruction and a county superintendent of schools.
## Elections Code - ELEC ## DIVISION 0.5. PRELIMINARY PROVISIONS [1 - 362] ( Division 0.5 heading added by Stats. 1996, Ch. 1143, Sec. 17. ) ## CHAPTER 4. Definitions [300 - 362] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 352. “School officer” means the Superintendent of Public Instruction and the superintendent of schools of a county. (Enacted by Stats. 1994, Ch. 920, Sec. 2.) - 353. 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 4. Definitions [300 - 362] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. )
“Section” means a section of this code, unless another statute is specifically mentioned.
## Elections Code - ELEC ## DIVISION 0.5. PRELIMINARY PROVISIONS [1 - 362] ( Division 0.5 heading added by Stats. 1996, Ch. 1143, Sec. 17. ) ## CHAPTER 4. Definitions [300 - 362] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 353. “Section” means a section of this code unless some other statute is specifically mentioned. (Enacted by Stats. 1994, Ch. 920, Sec. 2.) - 353.5. 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 4. Definitions [300 - 362] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. )
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.
## Elections Code - ELEC ## DIVISION 0.5. PRELIMINARY PROVISIONS [1 - 362] ( Division 0.5 heading added by Stats. 1996, Ch. 1143, Sec. 17. ) ## CHAPTER 4. Definitions [300 - 362] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 353.5. The “semifinal official canvass” is 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. The semifinal official canvass may include some or all of the vote by mail and provisional vote totals. (Amended by Stats. 2007, Ch. 508, Sec. 3. Effective January 1, 2008.) - 354. 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 4. Definitions [300 - 362] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. )
This section says “shall” means mandatory and “may” means permissive.
## Elections Code - ELEC ## DIVISION 0.5. PRELIMINARY PROVISIONS [1 - 362] ( Division 0.5 heading added by Stats. 1996, Ch. 1143, Sec. 17. ) ## CHAPTER 4. Definitions [300 - 362] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 354. “Shall” is mandatory and “may” is permissive. (Enacted by Stats. 1994, Ch. 920, Sec. 2.) - 354.5. 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 4. Definitions [300 - 362] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. )
This section defines “signature,” “authorized user,” “disability,” and “signature stamp,” and sets conditions for when a signature stamp may be used in elections matters.
## Elections Code - ELEC ## DIVISION 0.5. PRELIMINARY PROVISIONS [1 - 362] ( Division 0.5 heading added by Stats. 1996, Ch. 1143, Sec. 17. ) ## CHAPTER 4. Definitions [300 - 362] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 354.5. (a) “Signature” includes either of the following: (1) A person’s mark if the name of the person affixing the mark is written near the mark by a witness over 18 years of age designated by the person and the designee subscribes his or her own name as a witness thereto. For purposes of this paragraph, a signature stamp may be used as a mark, provided that the authorized user complies with the provisions of this paragraph. (2) An impression made by the use of a signature stamp pursuant to the requirements specified in subdivision (c). (b) A mark attested as provided in paragraph (1) of subdivision (a), or an impression made by a signature stamp as provided in paragraph (2) of subdivision (a), may serve as a signature for any purpose specified in this code, including a sworn statement. (c) An authorized user of a signature stamp may use it to affix a signature to a document or writing any time that a signature is required by this code, provided that all of the following conditions, as applicable, are met: (1) A signature stamp used to obtain a ballot or vote by mail ballot in any local, state, or federal election shall be used only by the authorized user of that signature stamp. (2) A signature stamp shall be affixed by the authorized user in the presence of the Secretary of State, his or her designee, the local elections official, or his or her designee, to obtain a ballot, in any local, state, or federal election unless the authorized user of the signature stamp votes by vote by mail ballot. If the owner of a signature stamp votes by vote by mail ballot, he or she shall affix the signature stamp on the identification envelope in accordance with Section 3019. (d) A signature affixed with a signature stamp by an authorized user in accordance with this section shall be treated in the same manner as a signature made in writing. (e) A registered voter or any person who is eligible to vote, who qualifies as an authorized user pursuant to paragraph (1) of subdivision (f), may use a signature stamp only after he or she first submits his or her affidavit of registration or a new affidavit of registration by one of the following means: (1) Using the signature stamp to sign the affidavit in the presence of a county elections official. (2) Submitting an affidavit pursuant to Section 2196 that utilizes a signature stamp that has been approved by the Department of Motor Vehicles and transmitted to the Secretary of State. (f) The following definitions apply for purposes of this section: (1) “Authorized user” means either of the following: (A) A person with a disability who, by reason of that disability, is unable to write and who owns a signature stamp. (B) A person using the signature stamp on behalf of the owner of the stamp with the owner’s express consent and in the presence of the owner. (2) “Disability” means a medical condition, mental disability, or physical disability, as those terms are defined in subdivisions (i), (j), and (l) of Section 12926 of the Government Code. (3) “Signature stamp” means a stamp that contains the impression of any of the following: (A) The actual signature of a person with a disability. (B) A mark or symbol that is adopted by the person with the disability. (C) A signature of the name of a person with a disability that is made by another person and is adopted by the person with the disability. (Amended by Stats. 2013, Ch. 151, Sec. 1. (SB 111) Effective January 1, 2014.) - 355. 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 4. Definitions [300 - 362] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. )
“Software” includes programs and various voting-system materials and items needed to operate a voting system.
## Elections Code - ELEC ## DIVISION 0.5. PRELIMINARY PROVISIONS [1 - 362] ( Division 0.5 heading added by Stats. 1996, Ch. 1143, Sec. 17. ) ## CHAPTER 4. Definitions [300 - 362] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 355. “Software” includes all programs, voting devices, cards, ballot cards or papers, operating manuals or instructions, test procedures, printouts, and other nonmechanical or nonelectrical items necessary to the operation of a voting system. (Enacted by Stats. 1994, Ch. 920, Sec. 2.) - 356. 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 4. Definitions [300 - 362] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. )
This section defines “special election” as an election whose time is not set by law.
## Elections Code - ELEC ## DIVISION 0.5. PRELIMINARY PROVISIONS [1 - 362] ( Division 0.5 heading added by Stats. 1996, Ch. 1143, Sec. 17. ) ## CHAPTER 4. Definitions [300 - 362] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 356. “Special election” is an election, the specific time for the holding of which is not prescribed by law. (Enacted by Stats. 1994, Ch. 920, Sec. 2.) - 356.5. 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 4. Definitions [300 - 362] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. )
For this code, “spouse” includes a registered domestic partner.
## Elections Code - ELEC ## DIVISION 0.5. PRELIMINARY PROVISIONS [1 - 362] ( Division 0.5 heading added by Stats. 1996, Ch. 1143, Sec. 17. ) ## CHAPTER 4. Definitions [300 - 362] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 356.5. “Spouse” includes “registered domestic partner,” as required by Section 297.5 of the Family Code. (Added by Stats. 2016, Ch. 50, Sec. 31. (SB 1005) Effective January 1, 2017.) - 357. 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 4. Definitions [300 - 362] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. )
“Statewide election” means an election held throughout the state.
## Elections Code - ELEC ## DIVISION 0.5. PRELIMINARY PROVISIONS [1 - 362] ( Division 0.5 heading added by Stats. 1996, Ch. 1143, Sec. 17. ) ## CHAPTER 4. Definitions [300 - 362] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 357. “Statewide election” is an election held throughout the state. (Enacted by Stats. 1994, Ch. 920, Sec. 2.) - 357.5. 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 4. Definitions [300 - 362] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. )
“Vote center” is defined as a location established for holding elections that provides the services listed in Sections 2170 and 4005.
## Elections Code - ELEC ## DIVISION 0.5. PRELIMINARY PROVISIONS [1 - 362] ( Division 0.5 heading added by Stats. 1996, Ch. 1143, Sec. 17. ) ## CHAPTER 4. Definitions [300 - 362] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 357.5. “Vote center” means a location established for holding elections that offers the services described in Sections 2170 and 4005. (Amended by Stats. 2023, Ch. 479, Sec. 2. (AB 1762) Effective January 1, 2024.) - 358. 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 4. Definitions [300 - 362] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. )
This section defines “vote tabulating device” as equipment other than a voting machine that totals votes cast by certain counting or scanning methods.
## Elections Code - ELEC ## DIVISION 0.5. PRELIMINARY PROVISIONS [1 - 362] ( Division 0.5 heading added by Stats. 1996, Ch. 1143, Sec. 17. ) ## CHAPTER 4. Definitions [300 - 362] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 358. “Vote tabulating device” means any piece of equipment, other than a voting machine, that compiles a total of votes cast by means of ballot card sorting, ballot card reading, paper ballot scanning, electronic data processing, or a combination of that type of equipment. (Enacted by Stats. 1994, Ch. 920, Sec. 2.) - 359. 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 4. Definitions [300 - 362] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. )
“Voter” means an elector who is registered under this code.
## Elections Code - ELEC ## DIVISION 0.5. PRELIMINARY PROVISIONS [1 - 362] ( Division 0.5 heading added by Stats. 1996, Ch. 1143, Sec. 17. ) ## CHAPTER 4. Definitions [300 - 362] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 359. “Voter” means any elector who is registered under this code. (Enacted by Stats. 1994, Ch. 920, Sec. 2.) - 359.2. 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 4. Definitions [300 - 362] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. )
“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.
## Elections Code - ELEC ## DIVISION 0.5. PRELIMINARY PROVISIONS [1 - 362] ( Division 0.5 heading added by Stats. 1996, Ch. 1143, Sec. 17. ) ## CHAPTER 4. Definitions [300 - 362] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 359.2. “Voter list” means the list of registered voters in a single or consolidated precinct or in an entire county. The voter list may be in the form of a walking list, street index list, or other format, as provided by the elections official. The voter list is updated by the elections official with public information related to who has voted in an election. (Added by Stats. 2017, Ch. 806, Sec. 9. (SB 286) Effective January 1, 2018.) - 359.5. 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 4. Definitions [300 - 362] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. )
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.
## Elections Code - ELEC ## DIVISION 0.5. PRELIMINARY PROVISIONS [1 - 362] ( Division 0.5 heading added by Stats. 1996, Ch. 1143, Sec. 17. ) ## CHAPTER 4. Definitions [300 - 362] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 359.5. (a) “Voter-nominated office” means a congressional or state elective office for which a candidate may choose to have his or her party preference or lack of party preference indicated upon the ballot. A political party or party central committee shall not nominate a candidate at a state-conducted primary election for a voter-nominated office. The primary conducted for a voter-nominated office does not serve to determine the nominees of a political party but serves to winnow the candidates for the general election to the candidates receiving the highest or second highest number of votes cast at the primary election. The following offices are voter-nominated offices: (1) Governor. (2) Lieutenant Governor. (3) Secretary of State. (4) Controller. (5) Treasurer. (6) Attorney General. (7) Insurance Commissioner. (8) Member of the State Board of Equalization. (9) United States Senator. (10) Member of the United States House of Representatives. (11) State Senator. (12) Member of the Assembly. (b) This section does not prohibit a political party or party central committee from endorsing, supporting, or opposing a candidate for an office listed in subdivision (a). (Amended by Stats. 2012, Ch. 3, Sec. 4. (AB 1413) Effective February 10, 2012.) - 360. 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 4. Definitions [300 - 362] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. )
“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.
## Elections Code - ELEC ## DIVISION 0.5. PRELIMINARY PROVISIONS [1 - 362] ( Division 0.5 heading added by Stats. 1996, Ch. 1143, Sec. 17. ) ## CHAPTER 4. Definitions [300 - 362] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 360. “Voting device” means any device used in conjunction with a ballot card or cards to indicate the choice of the voter by marking, punching, or slotting the ballot card. (Enacted by Stats. 1994, Ch. 920, Sec. 2.) - 361. 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 4. Definitions [300 - 362] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. )
“Voting machine” means an electronic device that lets a voter enter votes and produces electronic totals and human-readable records.
## Elections Code - ELEC ## DIVISION 0.5. PRELIMINARY PROVISIONS [1 - 362] ( Division 0.5 heading added by Stats. 1996, Ch. 1143, Sec. 17. ) ## CHAPTER 4. Definitions [300 - 362] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 361. “Voting machine” means any electronic device, including, but not limited to, a precinct optical scanner and a direct recording voting system, into which a voter may enter his or her votes, and which, by means of electronic tabulation and generation of printouts or other tangible, human-readable records, furnishes a total of the number of votes cast for each candidate and for or against each measure. (Amended by Stats. 2014, Ch. 911, Sec. 1. (AB 2631) Effective January 1, 2015.) - 362. 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 4. Definitions [300 - 362] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. )
“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.
## Elections Code - ELEC ## DIVISION 0.5. PRELIMINARY PROVISIONS [1 - 362] ( Division 0.5 heading added by Stats. 1996, Ch. 1143, Sec. 17. ) ## CHAPTER 4. Definitions [300 - 362] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 362. “Voting system” means a mechanical, electromechanical, or electronic system and its software, or any combination of these used for casting a ballot, tabulating votes, or both. “Voting system” does not include a remote accessible vote by mail system. (Amended by Stats. 2016, Ch. 75, Sec. 4. (AB 2252) Effective January 1, 2017.) - 4. 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. )
Unless the provision or context says otherwise, the Elections Code’s general provisions, construction rules, and definitions control how the code is interpreted.
## 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. ) ## 4. Unless the provision or the context otherwise requires, these general provisions, rules of construction, and definitions shall govern the construction of this code. (Enacted by Stats. 1994, Ch. 920, Sec. 2.) - 4000. Verify source ↗
## Elections Code - ELEC ## DIVISION 4. MAIL BALLOT ELECTIONS [4000 - 4108] ( Division 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. Conditions for Mail Ballot Election [4000 - 4008] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. )
A local, special, or consolidated election may be conducted wholly by mail if the listed conditions are met.
## Elections Code - ELEC ## DIVISION 4. MAIL BALLOT ELECTIONS [4000 - 4108] ( Division 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. Conditions for Mail Ballot Election [4000 - 4008] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 4000. A local, special, or consolidated election may be conducted wholly by mail provided that all of the following conditions apply: (a) The governing body of the local agency authorizes the use of mailed ballots for the election. (b) The election is held on an established mailed ballot election date pursuant to Section 1500. (c) The election is one of the following: (1) An election in which no more than 1,000 registered voters are eligible to participate. (2) An election on a measure or measures restricted to (A) the imposition of special taxes, or (B) expenditure limitation overrides, or (C) both (A) and (B), in a city, county, or special district with 5,000 or less registered voters calculated as of the time of the last report of registration by the county elections official to the Secretary of State. (3) An election on the issuance of a general obligation water bond in accordance with Section 12944.5 of the Water Code. (4) An election of the Directors of the Monterey Peninsula Water Management District as authorized in Section 122 of Chapter 527 of the Statutes of 1977, known as the Monterey Peninsula Water Management District Law. (5) An election of the Aliso Water Management Agency, or its affected member agencies, pursuant to Sections 13416 and 13417 of the Water Code. (6) An election of the San Jacinto Mountain Area Water Study Agency pursuant to Sections 13416 and 13417 of the Water Code. (7) An election of the San Lorenzo Valley Water District pursuant to Sections 13416 and 13417 of the Water Code. (8) An election or assessment ballot proceeding required or authorized by Article XIII C or XIII D of the California Constitution. However, when an assessment ballot proceeding is conducted by mail pursuant to this section, the following rules apply: (A) The proceeding shall be denominated an “assessment ballot proceeding” rather than an election. (B) Ballots shall be denominated “assessment ballots.” (Amended by Stats. 2007, Ch. 286, Sec. 1. Effective January 1, 2008.) - 4002. Verify source ↗
## Elections Code - ELEC ## DIVISION 4. MAIL BALLOT ELECTIONS [4000 - 4108] ( Division 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. Conditions for Mail Ballot Election [4000 - 4008] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. )
A special district may conduct its elections by mail.
## Elections Code - ELEC ## DIVISION 4. MAIL BALLOT ELECTIONS [4000 - 4108] ( Division 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. Conditions for Mail Ballot Election [4000 - 4008] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 4002. Notwithstanding Section 4000, a special district may conduct its elections by mail in accordance with Sections 1500, 4104, 4105, and 4108. (Amended by Stats. 2005, Ch. 86, Sec. 1. Effective July 19, 2005.) - 4003. Verify source ↗
## Elections Code - ELEC ## DIVISION 4. MAIL BALLOT ELECTIONS [4000 - 4108] ( Division 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. Conditions for Mail Ballot Election [4000 - 4008] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. )
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.
## Elections Code - ELEC ## DIVISION 4. MAIL BALLOT ELECTIONS [4000 - 4108] ( Division 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. Conditions for Mail Ballot Election [4000 - 4008] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 4003. Notwithstanding any other provision of law, whenever any district has adopted the all-mailed ballot procedure for conducting general district elections pursuant to Section 4104 and any other election is scheduled to be held in territory that is the same or partly the territory of the district on the first Tuesday after the first Monday in November of the odd-numbered year, the district may, by resolution of the governing board, revoke the adoption of the all-mailed ballot procedure and order the general district election consolidated with the other election pursuant to Section 10402. (Enacted by Stats. 1994, Ch. 920, Sec. 2.) - 4004. Verify source ↗
## Elections Code - ELEC ## DIVISION 4. MAIL BALLOT ELECTIONS [4000 - 4108] ( Division 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. Conditions for Mail Ballot Election [4000 - 4008] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. )
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.
## Elections Code - ELEC ## DIVISION 4. MAIL BALLOT ELECTIONS [4000 - 4108] ( Division 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. Conditions for Mail Ballot Election [4000 - 4008] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 4004. (a) “Small city” means a city with a population of 100,000 or less, as determined by the annual city total population rankings by the Demographic Research Unit of the Department of Finance. (b) “Eligible entity” means a school district or a special district. (c) Notwithstanding Sections 1500 and 4000, an election in a small city or an eligible entity may be conducted wholly as an all-mail ballot election, subject to the following conditions: (1) The legislative body of the small city or the governing body of the eligible entity, by resolution, authorizes the use of mailed ballots for the election. (2) The election is a special election to fill a vacancy in the legislative body or governing body. (3) The election is not held on the same date as a statewide primary or general election. (4) The election is not consolidated with any other election. (5) The return of voted mail ballots is subject to Section 3017. (Amended by Stats. 2005, Ch. 86, Sec. 2. Effective July 19, 2005.) - 4005.5. Verify source ↗
## Elections Code - ELEC ## DIVISION 4. MAIL BALLOT ELECTIONS [4000 - 4108] ( Division 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. Conditions for Mail Ballot Election [4000 - 4008] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. )
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.
## Elections Code - ELEC ## DIVISION 4. MAIL BALLOT ELECTIONS [4000 - 4108] ( Division 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. Conditions for Mail Ballot Election [4000 - 4008] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 4005.5. The Secretary of State shall assist each county conducting an election in 2018 pursuant to Section 4005 in providing voter education and community outreach in addition to the voter education and outreach required by Section 4005, including, but not limited to, direct contact with voters. The Secretary of State may provide funding allocated for the purposes of this section to each county. (Added by Stats. 2017, Ch. 180, Sec. 4. (SB 117) Effective August 24, 2017.) - 4005.6. Verify source ↗
## Elections Code - ELEC ## DIVISION 4. MAIL BALLOT ELECTIONS [4000 - 4108] ( Division 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. Conditions for Mail Ballot Election [4000 - 4008] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. )
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.
## Elections Code - ELEC ## DIVISION 4. MAIL BALLOT ELECTIONS [4000 - 4108] ( Division 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. Conditions for Mail Ballot Election [4000 - 4008] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 4005.6. An election conducted pursuant to Section 4005 is subject to the following requirements: (a) The provisions of Sections 14200 and 14201 that apply to polling places also apply to vote centers. (b) Prior to every election, the county elections official shall determine if a voter has previously identified a preferred language other than English to the elections official or to the Secretary of State. If the voter’s precinct is required to have a facsimile copy of the ballot in the voter’s preferred language pursuant to Section 14201, the county elections official shall send to the voter by regular mail or electronic mail a facsimile copy of the ballot in that language. The voter shall receive the facsimile copy of the ballot before vote centers open pursuant to subparagraph (A) of paragraph (4) of subdivision (a) of Section 4005. The facsimile copy of the ballot shall be sufficiently distinct in appearance from a regular ballot to prevent voters from attempting to vote on the facsimile copy. (Amended by Stats. 2023, Ch. 479, Sec. 7. (AB 1762) Effective January 1, 2024.) - 4006. Verify source ↗
## Elections Code - ELEC ## DIVISION 4. MAIL BALLOT ELECTIONS [4000 - 4108] ( Division 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. Conditions for Mail Ballot Election [4000 - 4008] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. )
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.
## Elections Code - ELEC ## DIVISION 4. MAIL BALLOT ELECTIONS [4000 - 4108] ( Division 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. Conditions for Mail Ballot Election [4000 - 4008] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 4006. For any election conducted pursuant to Section 4005, the county elections official shall make a reasonable effort to inform a voter of either of the following: (a) If the voter’s vote by mail ballot envelope is missing a signature. (b) How the voter can correct the missing signature. (Added by Stats. 2016, Ch. 832, Sec. 4. (SB 450) Effective January 1, 2017.) - 4008. Verify source ↗
## Elections Code - ELEC ## DIVISION 4. MAIL BALLOT ELECTIONS [4000 - 4108] ( Division 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. Conditions for Mail Ballot Election [4000 - 4008] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. )
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.
## Elections Code - ELEC ## DIVISION 4. MAIL BALLOT ELECTIONS [4000 - 4108] ( Division 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. Conditions for Mail Ballot Election [4000 - 4008] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 4008. (a) The Secretary of State shall establish a taskforce that includes representatives of all of the following: (1) County elections officials. (2) Individuals with demonstrated language accessibility experience for languages covered under the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10101 et seq.). (3) The disability community and community organizations and individuals that advocate on behalf of, or provide services to, individuals with disabilities. (4) Experts with demonstrated experience in the field of elections. (b) The taskforce shall review elections conducted pursuant to Section 4005 and provide comments and recommendations to the Legislature within six months of each election conducted pursuant to Section 4005. The report required by this subdivision shall be submitted in compliance with Section 9795 of the Government Code. (Added by Stats. 2024, Ch. 480, Sec. 3. (SB 1450) Effective January 1, 2025.) - 4100. Verify source ↗
## Elections Code - ELEC ## DIVISION 4. MAIL BALLOT ELECTIONS [4000 - 4108] ( Division 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. Conduct of Mail Ballot Elections [4100 - 4108] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. )
Mail ballot elections must follow Chapter 1 of Division 3, unless this chapter says otherwise.
## Elections Code - ELEC ## DIVISION 4. MAIL BALLOT ELECTIONS [4000 - 4108] ( Division 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. Conduct of Mail Ballot Elections [4100 - 4108] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 4100. Except as otherwise provided in this chapter, mail ballot elections shall be conducted in accordance with Chapter 1 (commencing with Section 3000) of Division 3. (Enacted by Stats. 1994, Ch. 920, Sec. 2.) - 4101. Verify source ↗
## Elections Code - ELEC ## DIVISION 4. MAIL BALLOT ELECTIONS [4000 - 4108] ( Division 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. Conduct of Mail Ballot Elections [4100 - 4108] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. )
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.
## Elections Code - ELEC ## DIVISION 4. MAIL BALLOT ELECTIONS [4000 - 4108] ( Division 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. Conduct of Mail Ballot Elections [4100 - 4108] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 4101. Notwithstanding Sections 13300 and 13303, the elections official shall not commence to mail the combined county voter information guide and mail ballot before the 29th day before the election and shall complete the mailing by the 10th day before the election. (Amended by Stats. 2016, Ch. 422, Sec. 16. (AB 2911) Effective January 1, 2017.) - 4102. Verify source ↗
## Elections Code - ELEC ## DIVISION 4. MAIL BALLOT ELECTIONS [4000 - 4108] ( Division 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. Conduct of Mail Ballot Elections [4100 - 4108] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. )
The elections official may add a notice telling voters they may return a voted ballot by certified or registered mail.
## Elections Code - ELEC ## DIVISION 4. MAIL BALLOT ELECTIONS [4000 - 4108] ( Division 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. Conduct of Mail Ballot Elections [4100 - 4108] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 4102. The elections official may include in the mailings set forth in Section 4101 a printed notice to the voters informing the voters that they may return the voted ballot by certified or registered mail. (Enacted by Stats. 1994, Ch. 920, Sec. 2.) - 4103. Verify source ↗
## Elections Code - ELEC ## DIVISION 4. MAIL BALLOT ELECTIONS [4000 - 4108] ( Division 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. Conduct of Mail Ballot Elections [4100 - 4108] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. )
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.
## Elections Code - ELEC ## DIVISION 4. MAIL BALLOT ELECTIONS [4000 - 4108] ( Division 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. Conduct of Mail Ballot Elections [4100 - 4108] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 4103. (a) Notwithstanding Section 3020, ballots cast under this chapter shall be returned to the elections official from whom they were obtained no later than 8 p.m. on election day. (b) Notwithstanding subdivision (a), any vote by mail ballot cast under this chapter shall be timely cast if it is received by the voter’s elections official via the United States Postal Service or a bona fide private mail delivery company no later than seven days after election day and either of the following is satisfied: (1) The ballot is postmarked on or before election day or is time stamped or date stamped by a bona fide private mail delivery company on or before election day, or it is otherwise indicated by the United States Postal Service or a bona fide private mail delivery company that the ballot was mailed on or before election day. (2) If the ballot has no postmark, a postmark with no date, or an illegible postmark, and no other information is available from the United States Postal Service or the bona fide private mail delivery company to indicate the date on which the ballot was mailed, the vote by mail ballot identification envelope is date stamped by the elections official upon receipt of the vote by mail ballot from the United States Postal Service or a bona fide private mail delivery company, and is signed and dated pursuant to Section 3011 on or before election day. (c) For purposes of this section, “bona fide private mail delivery company” means a courier service that is in the regular business of accepting a mail item, package, or parcel for the purpose of delivery to a person or entity whose address is specified on the item. (Amended by Stats. 2025, Ch. 282, Sec. 1. (AB 930) Effective January 1, 2026.) - 4104. Verify source ↗
## Elections Code - ELEC ## DIVISION 4. MAIL BALLOT ELECTIONS [4000 - 4108] ( Division 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. Conduct of Mail Ballot Elections [4100 - 4108] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. )
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.
## Elections Code - ELEC ## DIVISION 4. MAIL BALLOT ELECTIONS [4000 - 4108] ( Division 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. Conduct of Mail Ballot Elections [4100 - 4108] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 4104. (a) At the first general district election conducted by all-mailed ballot the following question shall be printed on the ballot and boxes shall be provided for the voter to indicate “Yes” or “No”: ## “SHALL THE MAILED BALLOT BE USED TO CONDUCT ALL FUTURE GENERAL DISTRICT ELECTIONS?” (b) If the majority of the voters favor the all-mailed ballot election it shall be adopted as the procedure for conducting future general district elections. If the question is rejected by the voters it may be resubmitted at any subsequent general district election in the manner provided for in Section 4105. (Enacted by Stats. 1994, Ch. 920, Sec. 2.) - 4105. Verify source ↗
## Elections Code - ELEC ## DIVISION 4. MAIL BALLOT ELECTIONS [4000 - 4108] ( Division 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. Conduct of Mail Ballot Elections [4100 - 4108] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. )
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.
## Elections Code - ELEC ## DIVISION 4. MAIL BALLOT ELECTIONS [4000 - 4108] ( Division 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. Conduct of Mail Ballot Elections [4100 - 4108] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 4105. The question set forth in Section 4104, as to whether an all-mailed ballot election is required to be used in the conduct of all future general district elections, shall be printed on the ballot of any general district election upon (a) the adoption of an appropriate resolution by the governing board, or (b) upon the submission of an initiative petition to the governing board signed by voters not less in number than 10 percent of the voters in the district pursuant to the procedure set forth in Chapter 4 (commencing with Section 9300) of Division 9. This section shall apply only to those districts in which an election by all-mailed ballots was conducted pursuant to a resolution adopted by the governing board of the district in the manner provided for by Section 4108. (Enacted by Stats. 1994, Ch. 920, Sec. 2.) - 4106. Verify source ↗
## Elections Code - ELEC ## DIVISION 4. MAIL BALLOT ELECTIONS [4000 - 4108] ( Division 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. Conduct of Mail Ballot Elections [4100 - 4108] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. )
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.
## Elections Code - ELEC ## DIVISION 4. MAIL BALLOT ELECTIONS [4000 - 4108] ( Division 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. Conduct of Mail Ballot Elections [4100 - 4108] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 4106. (a) Notwithstanding any other provision of law to the contrary, a governing board in the County of San Diego may adopt a resolution requiring its general district election to be held on the same day as the statewide direct primary election or the day of the statewide general election. (b) If an election is held pursuant to subdivision (a), and the election is consolidated with another election, Part 3 (commencing with Section 10400) of Division 10 shall govern the consolidation and, if the county elections official is requested to conduct the election, Section 10002 shall apply to that election. (c) If, pursuant to subdivision (a), a general district election is held on the same day as a statewide election, those officers whose four-year terms of office would have, prior to the adoption of the resolution, expired on the first Friday in December following the general district election in an odd-numbered year shall, instead, either continue in their offices until no later than the fourth Tuesday after the day of the general district election or, at the option of the governing board, cease to hold office prior to the expiration of their four-year term and upon the qualification of their successors at the time prescribed by the governing board. (Enacted by Stats. 1994, Ch. 920, Sec. 2.) - 4107. Verify source ↗
## Elections Code - ELEC ## DIVISION 4. MAIL BALLOT ELECTIONS [4000 - 4108] ( Division 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. Conduct of Mail Ballot Elections [4100 - 4108] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. )
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.
## Elections Code - ELEC ## DIVISION 4. MAIL BALLOT ELECTIONS [4000 - 4108] ( Division 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. Conduct of Mail Ballot Elections [4100 - 4108] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 4107. (a) Notwithstanding any other provision of law, the governing board of the Marina County Water District in the County of Monterey may adopt a resolution requiring its general district election to be held on the same day as the statewide direct primary election or the day of the statewide general election. (b) If an election is held pursuant to subdivision (a), and the election is consolidated with another election, Part 3 (commencing with Section 10400) of Division 10 shall govern the consolidation, and, if the county elections official is requested to conduct the election, Section 10002 shall apply to that election. (c) If, pursuant to subdivision (a), a general district election is held on the same day as a statewide election, those officers whose four-year terms of office would have, prior to the adoption of the resolution, expired on the first Friday in December following the general district election in an odd-numbered year shall, instead, either continue in their offices until no later than the fourth Tuesday after the day of the general district election or, at the option of the governing board, cease to hold office prior to the expiration of their four-year term and upon the qualification of their successors at the time prescribed by the governing board. (Enacted by Stats. 1994, Ch. 920, Sec. 2.) - 4108. Verify source ↗
## Elections Code - ELEC ## DIVISION 4. MAIL BALLOT ELECTIONS [4000 - 4108] ( Division 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. Conduct of Mail Ballot Elections [4100 - 4108] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. )
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.
## Elections Code - ELEC ## DIVISION 4. MAIL BALLOT ELECTIONS [4000 - 4108] ( Division 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. Conduct of Mail Ballot Elections [4100 - 4108] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 4108. (a) Notwithstanding any other law and regardless of the number of eligible voters within its boundaries a district may, by resolution of its governing board, conduct any election by all-mailed ballots pursuant to Division 4 (commencing with Section 4000). (b) (1) A district conducting an election by all-mailed ballots may consolidate its election with the election of one or more other legislative or congressional districts, public districts, cities, counties, or other political subdivisions if all of the elections to be consolidated will be: (A) Held on the same day. (B) Held in the same territory or in a territory that is in part the same. (C) Conducted wholly by mail. (2) A district consolidating its election pursuant to subdivision (a) shall order the consolidation pursuant to Section 10400. (3) A district election that is consolidated with an all-mailed ballot election for a legislative or congressional district shall also comply with any additional statutory requirements that apply to the all-mailed ballot election for that legislative or congressional district. (c) An election conducted pursuant to this section shall be held on a date prescribed in Section 1500 or on any other date other than an established election date. (Amended by Stats. 2015, Ch. 731, Sec. 3. (AB 1535) Effective January 1, 2016.) - 5. 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. )
Headings in this code do not change its scope, meaning, or intent.
## 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. ) ## 5. Division, part, chapter, article, and section headings do not in any manner affect the scope, meaning, or intent of this code. (Enacted by Stats. 1994, Ch. 920, Sec. 2.) - 5000. Verify source ↗
## Elections Code - ELEC ## DIVISION 5. POLITICAL PARTY QUALIFICATIONS [5000 - 5200] ( Division 5 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. New Party Qualifications [5000 - 5006] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. )
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.
## Elections Code - ELEC ## DIVISION 5. POLITICAL PARTY QUALIFICATIONS [5000 - 5200] ( Division 5 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. New Party Qualifications [5000 - 5006] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 5000. (a) For purposes of this division, the definition of “party” in Section 338 is applicable. (b) This chapter shall apply to political bodies and to parties not otherwise provided for in Division 7 (commencing with Section 7050). (Amended by Stats. 2000, Ch. 1081, Sec. 6. Effective January 1, 2001.) - 5001. Verify source ↗
## Elections Code - ELEC ## DIVISION 5. POLITICAL PARTY QUALIFICATIONS [5000 - 5200] ( Division 5 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. New Party Qualifications [5000 - 5006] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. )
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.
## Elections Code - ELEC ## DIVISION 5. POLITICAL PARTY QUALIFICATIONS [5000 - 5200] ( Division 5 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. New Party Qualifications [5000 - 5006] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 5001. Whenever a group of electors desires to qualify a new political party meeting the requirements of Section 5100 or 5151, that group shall form a political body by: (a) Holding a caucus or convention at which temporary officers shall be elected and a party name designated. The designated name shall not be so similar to the name of an existing party so as to mislead the voters, and shall not conflict with that of any existing party or political body that has previously filed notice pursuant to subdivision (b). (b) Filing formal notice with the Secretary of State that the political body has organized, elected temporary officers, and declared an intent to qualify a political party pursuant to either Section 5100 or 5151, but not both. The notice shall include the names and addresses of the temporary officers of the political body. (Amended by Stats. 2014, Ch. 71, Sec. 50. (SB 1304) Effective January 1, 2015.) - 5002. Verify source ↗
## Elections Code - ELEC ## DIVISION 5. POLITICAL PARTY QUALIFICATIONS [5000 - 5200] ( Division 5 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. New Party Qualifications [5000 - 5006] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. )
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.
## Elections Code - ELEC ## DIVISION 5. POLITICAL PARTY QUALIFICATIONS [5000 - 5200] ( Division 5 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. New Party Qualifications [5000 - 5006] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 5002. Upon receipt of the notice specified in Section 5001, the Secretary of State shall notify each county elections official of the name of the political body, its intent to qualify as a political party, and whether it intends to qualify for the next primary election or for the next presidential general election. In preparing the statement of voters and their political affiliations, the county elections officials shall tabulate by political affiliation the affidavits of registration of members of political parties qualified pursuant to Section 5100 or 5151, and political bodies formally declaring an intent to qualify as political parties pursuant to Section 5001. All other affidavits of registration, except those of persons declining to state a political affiliation, shall be tabulated as miscellaneous registrations. (Amended by Stats. 2013, Ch. 511, Sec. 5. (AB 1419) Effective January 1, 2014.) - 5003. Verify source ↗
## Elections Code - ELEC ## DIVISION 5. POLITICAL PARTY QUALIFICATIONS [5000 - 5200] ( Division 5 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. New Party Qualifications [5000 - 5006] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. )
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.
## Elections Code - ELEC ## DIVISION 5. POLITICAL PARTY QUALIFICATIONS [5000 - 5200] ( Division 5 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. New Party Qualifications [5000 - 5006] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 5003. A political body within the first 70 days after filing the formal notice required by Section 5001 is entitled, upon request to the Secretary of State, to have counted toward its qualification as a political party affidavits of registration in which voters declared affiliation with the political body prior to the date the political body filed the formal notice with the Secretary of State. (Enacted by Stats. 1994, Ch. 920, Sec. 2.) - 5004. Verify source ↗
## Elections Code - ELEC ## DIVISION 5. POLITICAL PARTY QUALIFICATIONS [5000 - 5200] ( Division 5 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. New Party Qualifications [5000 - 5006] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. )
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.
## Elections Code - ELEC ## DIVISION 5. POLITICAL PARTY QUALIFICATIONS [5000 - 5200] ( Division 5 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. New Party Qualifications [5000 - 5006] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 5004. (a) If by the 135th day before any primary election, a political body filing notice of its intent to qualify for a primary election pursuant to Section 5001 has not qualified as a political party pursuant to Section 5100, the political body shall be considered to have abandoned its attempt to qualify as a political party and shall be ineligible to participate in the following primary election. (b) If by the 102nd day before a presidential general election, a political body filing notice of its intent to qualify for a presidential general election pursuant to Section 5001 has not qualified as a political party pursuant to Section 5151, the political body shall be considered to have abandoned its attempt to qualify as a political party and shall be ineligible to participate in the following presidential general election. (Amended by Stats. 2013, Ch. 511, Sec. 6. (AB 1419) Effective January 1, 2014.) - 5005. Verify source ↗
## Elections Code - ELEC ## DIVISION 5. POLITICAL PARTY QUALIFICATIONS [5000 - 5200] ( Division 5 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. New Party Qualifications [5000 - 5006] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. )
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.
## Elections Code - ELEC ## DIVISION 5. POLITICAL PARTY QUALIFICATIONS [5000 - 5200] ( Division 5 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. New Party Qualifications [5000 - 5006] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 5005. (a) Until otherwise provided for by statute, a political party newly qualified pursuant to Section 5100 shall carry on its activities in accordance with procedures applicable to any other political party that has detailed statutory provisions applicable to its operation as shall be designated by the newly qualified party. The temporary officers of the newly qualified political party elected pursuant to Section 5001 shall file notice of its selection with the Secretary of State not later than 30 days after the political party qualifies. (b) Until otherwise provided for by statute, a political party newly qualified pursuant to Section 5151 shall carry on its activities in accordance with procedures applicable to any other political party that has detailed statutory provisions applicable to its operation as shall be designated by the newly qualified party, except that the newly qualified party shall not be required to use a primary election to nominate candidates for the offices of President and Vice President of the United States prior to the presidential general election at which the party qualifies to participate, whose names shall appear on the presidential general election ballot. The temporary officers of the newly qualified political party elected pursuant to Section 5001 shall file notice of its selection with the Secretary of State not later than 30 days after the political party qualifies. (Amended by Stats. 2013, Ch. 511, Sec. 7. (AB 1419) Effective January 1, 2014.) - 5006. Verify source ↗
## Elections Code - ELEC ## DIVISION 5. POLITICAL PARTY QUALIFICATIONS [5000 - 5200] ( Division 5 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. New Party Qualifications [5000 - 5006] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. )
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.
## Elections Code - ELEC ## DIVISION 5. POLITICAL PARTY QUALIFICATIONS [5000 - 5200] ( Division 5 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. New Party Qualifications [5000 - 5006] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 5006. Any political party newly qualifying pursuant to Section 5100 shall conduct its presidential primary election in accordance with procedures applicable to any other political party that has detailed statutory provisions applicable to its presidential primary as shall be designated by the newly qualified party. If a newly qualified political party has not elected permanent officers, the temporary officers shall notify the Secretary of State of the designated procedures the party has selected for its presidential primary, on or before the 125th day before the presidential primary election. (Amended by Stats. 1996, Ch. 724, Sec. 4. Effective January 1, 1997.) - 5100. Verify source ↗
## Elections Code - ELEC ## DIVISION 5. POLITICAL PARTY QUALIFICATIONS [5000 - 5200] ( Division 5 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. Parties Qualified to Participate in the Primary Election [5100 - 5102] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. )
This section says when a political party qualifies to participate in a primary election.
## Elections Code - ELEC ## DIVISION 5. POLITICAL PARTY QUALIFICATIONS [5000 - 5200] ( Division 5 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. Parties Qualified to Participate in the Primary Election [5100 - 5102] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 5100. A party is qualified to participate in a primary election under any of the following conditions: (a) (1) At the last preceding gubernatorial primary election, the sum of the votes cast for all of the candidates for an office voted on throughout the state who disclosed a preference for that party on the ballot was at least 2 percent of the entire vote of the state for that office. (2) Notwithstanding paragraph (1), a party may inform the Secretary of State that it declines to have the votes cast for a candidate who has disclosed that party as the candidate’s party preference on the ballot counted toward the 2-percent qualification threshold. If the party wishes to have votes for a candidate not counted in support of its qualification under paragraph (1), the party shall notify the secretary in writing of that candidate’s name by the seventh day before the gubernatorial primary election. (b) (1) On or before the 135th day before a primary election, it appears to the Secretary of State, as a result of examining and totaling the statement of voters and their declared political preference transmitted to the Secretary of State by the county elections officials, that voters equal in number to at least 0.33 percent of the total number of voters registered on the 154th day before the primary election have declared their preference for that party. (2) A person whose party preference is designated as “Unknown” pursuant to Section 2154 or 2267 shall not be counted for purposes of determining the total number of voters registered on the specified day preceding the election under paragraph (1). (c) On or before the 135th day before a primary election, there is filed with the Secretary of State a petition signed by voters, equal in number to at least 10 percent of the entire vote of the state at the last preceding gubernatorial election, declaring that they represent a proposed party, the name of which shall be stated in the petition, which proposed party those voters desire to have participate in that primary election. This petition shall be circulated, signed, and verified, and the signatures of the voters on it shall be certified to and transmitted to the Secretary of State by the county elections officials substantially as provided for initiative petitions. Each page of the petition shall bear a caption in 18-point boldface type, which caption shall be the name of the proposed party followed by the words “Petition to participate in the primary election.” (Amended by Stats. 2021, Ch. 314, Sec. 17. (AB 796) Effective January 1, 2022.) - 5100.5. Verify source ↗
## Elections Code - ELEC ## DIVISION 5. POLITICAL PARTY QUALIFICATIONS [5000 - 5200] ( Division 5 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. Parties Qualified to Participate in the Primary Election [5100 - 5102] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. )
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.
## Elections Code - ELEC ## DIVISION 5. POLITICAL PARTY QUALIFICATIONS [5000 - 5200] ( Division 5 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. Parties Qualified to Participate in the Primary Election [5100 - 5102] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 5100.5. (a) Upon the occurrence of the gubernatorial election, each party shall have its qualifications reviewed by the Secretary of State. A party that does not meet the standards for qualification set forth in Section 5100 shall be prohibited from participating in any primary election. A party shall maintain its qualification to participate in any subsequent primary election by complying with any of the conditions specified in Section 5100. (b) A party seeking qualification under provisions of this section and subdivision (b) or (c) of Section 5100 shall file formal notice with the Secretary of State that the party intends to regain qualification. (c) Unless formal notice as required in subdivision (b) is timely received by the Secretary of State, he or she may have the name of the party omitted from any list, notice, ballot, or other publication containing the names of the parties qualified or seeking qualification that the Secretary of State may cause to be printed or published. (d) For purposes of subdivision (b) of Section 8001, this section shall only be applicable to a party that has successfully obtained that status for the first time after having been a political body, and shall not apply to a political party that has been disqualified. (Added by Stats. 2000, Ch. 1081, Sec. 7. Effective January 1, 2001.) - 5101. Verify source ↗
## Elections Code - ELEC ## DIVISION 5. POLITICAL PARTY QUALIFICATIONS [5000 - 5200] ( Division 5 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. Parties Qualified to Participate in the Primary Election [5100 - 5102] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. )
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.
## Elections Code - ELEC ## DIVISION 5. POLITICAL PARTY QUALIFICATIONS [5000 - 5200] ( Division 5 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. Parties Qualified to Participate in the Primary Election [5100 - 5102] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 5101. Whenever the registration of any party that qualified in the previous direct primary election falls below one-fifteenth of 1 percent of the total state registration, that party shall not be qualified to participate in the primary election but shall be deemed to have been abandoned by the voters. The Secretary of State shall immediately remove the name of the party from any list, notice, ballot, or other publication containing the names of the parties qualified to participate in the primary election. (Enacted by Stats. 1994, Ch. 920, Sec. 2.) - 5102. Verify source ↗
## Elections Code - ELEC ## DIVISION 5. POLITICAL PARTY QUALIFICATIONS [5000 - 5200] ( Division 5 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. Parties Qualified to Participate in the Primary Election [5100 - 5102] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. )
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.
## Elections Code - ELEC ## DIVISION 5. POLITICAL PARTY QUALIFICATIONS [5000 - 5200] ( Division 5 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. Parties Qualified to Participate in the Primary Election [5100 - 5102] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 5102. No party shall be recognized or qualified to participate in any primary election that either directly or indirectly carries on, advocates, teaches, justifies, aids, or abets the overthrow by any unlawful means of, or that directly or indirectly carries on, advocates, teaches, justifies, aids, or abets a program of sabotage, force and violence, sedition or treason against, the government of the United States or of this state. (Enacted by Stats. 1994, Ch. 920, Sec. 2.) - 5150. Verify source ↗
## Elections Code - ELEC ## DIVISION 5. POLITICAL PARTY QUALIFICATIONS [5000 - 5200] ( Division 5 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2.5. Parties Qualified to Participate in the Presidential General Election [5150 - 5154] ( Chapter 2.5 added by Stats. 2013, Ch. 511, Sec. 8. )
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.
## Elections Code - ELEC ## DIVISION 5. POLITICAL PARTY QUALIFICATIONS [5000 - 5200] ( Division 5 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2.5. Parties Qualified to Participate in the Presidential General Election [5150 - 5154] ( Chapter 2.5 added by Stats. 2013, Ch. 511, Sec. 8. ) ## 5150. This chapter applies to a political body that did not qualify to participate in a presidential primary election pursuant to Section 5100 but nevertheless seeks qualification to participate in the following presidential general election through the nomination of candidates for President and Vice President of the United States by nominating convention, or some means other than a primary election, to appear on the ballot at the presidential general election. For purposes of this chapter, participating in a presidential general election does not include using the general election ballot for the purpose of electing state party or county central committee officers. (Added by Stats. 2013, Ch. 511, Sec. 8. (AB 1419) Effective January 1, 2014.) - 5151. Verify source ↗
## Elections Code - ELEC ## DIVISION 5. POLITICAL PARTY QUALIFICATIONS [5000 - 5200] ( Division 5 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2.5. Parties Qualified to Participate in the Presidential General Election [5150 - 5154] ( Chapter 2.5 added by Stats. 2013, Ch. 511, Sec. 8. )
A party can qualify to participate in a presidential general election by meeting one of several stated conditions.
## Elections Code - ELEC ## DIVISION 5. POLITICAL PARTY QUALIFICATIONS [5000 - 5200] ( Division 5 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2.5. Parties Qualified to Participate in the Presidential General Election [5150 - 5154] ( Chapter 2.5 added by Stats. 2013, Ch. 511, Sec. 8. ) ## 5151. A party is qualified to participate in a presidential general election under any of the following conditions: (a) The party qualified to participate and participated in the presidential primary election preceding the presidential general election pursuant to Section 5100. (b) (1) At the last preceding gubernatorial primary election, the sum of the votes cast for all of the candidates for an office voted on throughout the state who disclosed a preference for that party on the ballot was at least 2 percent of the entire vote of the state for that office. (2) Notwithstanding paragraph (1), a party may inform the Secretary of State that it declines to have the votes cast for a candidate who has disclosed that party as his or her party preference on the ballot counted toward the 2-percent qualification threshold. If the party wishes to have votes for a candidate not counted in support of its qualification under paragraph (1), the party shall notify the secretary in writing of that candidate’s name by the seventh day before the gubernatorial primary election. (c) (1) If on or before the 102nd day before a presidential general election, it appears to the Secretary of State, as a result of examining and totaling the statement of voters and their declared political preference transmitted to him or her by the county elections officials, that voters equal in number to at least 0.33 percent of the total number of voters registered on the 123rd day before the presidential general election have declared their preference for that party. (2) A person whose party preference is designated as “Unknown” pursuant to Section 2154 or 2265 shall not be counted for purposes of determining the total number of voters registered on the specified day preceding the election under paragraph (1). (d) On or before the 135th day before a presidential general election, there is filed with the Secretary of State a petition signed by voters, equal in number to at least 10 percent of the entire vote of the state at the last preceding gubernatorial election, declaring that they represent a proposed party, the name of which shall be stated in the petition, which proposed party those voters desire to have participate in that presidential general election. This petition shall be circulated, signed, and verified, and the signatures of the voters on it shall be certified to and transmitted to the Secretary of State by the county elections officials substantially as provided for initiative petitions. Each page of the petition shall bear a caption in 18-point boldface type, which caption shall be the name of the proposed party followed by the words “Petition to participate in the presidential general election.” (Amended by Stats. 2016, Ch. 32, Sec. 57. (SB 837) Effective June 27, 2016.) - 5152. Verify source ↗
## Elections Code - ELEC ## DIVISION 5. POLITICAL PARTY QUALIFICATIONS [5000 - 5200] ( Division 5 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2.5. Parties Qualified to Participate in the Presidential General Election [5150 - 5154] ( Chapter 2.5 added by Stats. 2013, Ch. 511, Sec. 8. )
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.
## Elections Code - ELEC ## DIVISION 5. POLITICAL PARTY QUALIFICATIONS [5000 - 5200] ( Division 5 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2.5. Parties Qualified to Participate in the Presidential General Election [5150 - 5154] ( Chapter 2.5 added by Stats. 2013, Ch. 511, Sec. 8. ) ## 5152. (a) Upon the occurrence of the gubernatorial election, each party shall have its qualifications reviewed by the Secretary of State. A party that does not meet the standards for qualification set forth in Section 5151 shall be prohibited from participating in the presidential general election. A party shall maintain its qualification to participate in any subsequent presidential general election by complying with any of the conditions specified in Section 5151. (b) A party seeking qualification under provisions of this section and subdivision (c) or (d) of Section 5151 shall file formal notice with the Secretary of State that the party intends to regain qualification. (c) Unless formal notice as required in subdivision (b) is timely received by the Secretary of State, he or she may have the name of the party omitted from any list, notice, ballot, or other publication containing the names of the parties qualified or seeking qualification that the Secretary of State may cause to be printed or published. (d) For purposes of subdivision (b) of Section 8001, this section shall only be applicable to a party that has successfully obtained that status for the first time after having been a political body, and shall not apply to a political party that has been disqualified. (Added by Stats. 2013, Ch. 511, Sec. 8. (AB 1419) Effective January 1, 2014.) - 5153. Verify source ↗
## Elections Code - ELEC ## DIVISION 5. POLITICAL PARTY QUALIFICATIONS [5000 - 5200] ( Division 5 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2.5. Parties Qualified to Participate in the Presidential General Election [5150 - 5154] ( Chapter 2.5 added by Stats. 2013, Ch. 511, Sec. 8. )
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.
## Elections Code - ELEC ## DIVISION 5. POLITICAL PARTY QUALIFICATIONS [5000 - 5200] ( Division 5 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2.5. Parties Qualified to Participate in the Presidential General Election [5150 - 5154] ( Chapter 2.5 added by Stats. 2013, Ch. 511, Sec. 8. ) ## 5153. Whenever the registration of any party that qualified in the previous general election falls below one-fifteenth of 1 percent of the total state registration, that party shall not be qualified to participate in a presidential general election but shall be deemed to have been abandoned by the voters. The Secretary of State shall immediately remove the name of the party from any list, notice, ballot, or other publication containing the names of the parties qualified to participate in a presidential general election. (Added by Stats. 2013, Ch. 511, Sec. 8. (AB 1419) Effective January 1, 2014.) - 5154. Verify source ↗
## Elections Code - ELEC ## DIVISION 5. POLITICAL PARTY QUALIFICATIONS [5000 - 5200] ( Division 5 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2.5. Parties Qualified to Participate in the Presidential General Election [5150 - 5154] ( Chapter 2.5 added by Stats. 2013, Ch. 511, Sec. 8. )
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.
## Elections Code - ELEC ## DIVISION 5. POLITICAL PARTY QUALIFICATIONS [5000 - 5200] ( Division 5 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2.5. Parties Qualified to Participate in the Presidential General Election [5150 - 5154] ( Chapter 2.5 added by Stats. 2013, Ch. 511, Sec. 8. ) ## 5154. No party shall be recognized or qualified to participate in a presidential general election that either directly or indirectly carries on, advocates, teaches, justifies, aids, or abets the overthrow by any unlawful means of, or that directly or indirectly carries on, advocates, teaches, justifies, aids, or abets a program of sabotage, force and violence, sedition or treason against, the government of the United States or of this state. (Added by Stats. 2013, Ch. 511, Sec. 8. (AB 1419) Effective January 1, 2014.) - 5200. Verify source ↗
## Elections Code - ELEC ## DIVISION 5. POLITICAL PARTY QUALIFICATIONS [5000 - 5200] ( Division 5 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 3. Disqualification of Political Parties [5200- 5200.] ( Chapter 3 enacted by Stats. 1994, Ch. 920, Sec. 2. )
This section sets out how the Secretary of State disqualifies political parties and how a party can challenge that notice in court.
## Elections Code - ELEC ## DIVISION 5. POLITICAL PARTY QUALIFICATIONS [5000 - 5200] ( Division 5 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 3. Disqualification of Political Parties [5200- 5200.] ( Chapter 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 5200. (a) Not less than 123 days before a primary or presidential general election, the Secretary of State shall, with the advice and consent of the Attorney General, determine which parties are disqualified to participate in any primary election under Section 5102 or a presidential general election under Section 5154. If it is proposed to disqualify a party that was qualified to participate in the next preceding direct primary, notice of intention to disqualify shall be served by certified mail on the chairperson of the state central committee of the party, as shown by the records of the Secretary of State. In any event, notice of intention to disqualify shall be given in each county of the state by publication pursuant to Section 6061 of the Government Code. If there is no newspaper of general circulation printed and published in any county, publication shall be made in a newspaper of general circulation printed and published in an adjoining county. (b) If the party desires a hearing on the notice of intention to disqualify, it shall, within 10 days after service by mail or within 10 days after the last date upon which the notice was published in any county, whichever is later, file an affidavit in the Supreme Court pursuant to Section 13314 setting forth facts showing that the political party is not disqualified to participate in any primary election under Section 5102 or a presidential general election under Section 5154. If the party does not file the affidavit within the time specified, the notice of intention to disqualify shall constitute final disqualification. Before the affidavit is filed, a copy shall be personally served on the Secretary of State. When filed, the matter shall be set for return in not more than 10 days and shall have priority over any other pending cases. (c) In connection with proceedings in the Supreme Court under this section, the Legislature hereby declares its intent to create a speedy and expeditious method for judicial determination of the vital questions involved, and urges the Supreme Court to accept jurisdiction in any such proceeding. The Legislature further urges that the court instruct any referee before whom the taking of evidence is ordered to report back to the court in sufficient time so that the court’s final order may be made effective on or before the 80th day before the primary or presidential general election. (Amended by Stats. 2025, Ch. 304, Sec. 2. (AB 1513) Effective January 1, 2026.) - 6. 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. )
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.
## 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. ) ## 6. Whenever a power is granted to, or a duty is imposed upon, a public officer, the power may be exercised or the duty may be performed by a deputy of the officer or by a person authorized, pursuant to law, by the officer, unless this code expressly provides otherwise. (Enacted by Stats. 1994, Ch. 920, Sec. 2.) - 6000. Verify source ↗
## Elections Code - ELEC ## DIVISION 6. PRESIDENTIAL ELECTIONS [6000 - 6954] ( Division 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PARTISAN PRESIDENTIAL PRIMARIES [6000 - 6884] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 0.5. General Provisions [6000 - 6000.2] ( Chapter 0.5 added by Stats. 2009, Ch. 1, Sec. 13. )
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.
## Elections Code - ELEC ## DIVISION 6. PRESIDENTIAL ELECTIONS [6000 - 6954] ( Division 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PARTISAN PRESIDENTIAL PRIMARIES [6000 - 6884] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 0.5. General Provisions [6000 - 6000.2] ( Chapter 0.5 added by Stats. 2009, Ch. 1, Sec. 13. ) ## 6000. All references to a voter’s or candidate’s party “registration” or “affiliation” in this part shall refer to the party preference or lack of party preference disclosed by the voter or candidate in accordance with Sections 2151 and 2152 and subdivision (b) of Section 2154. (Added by Stats. 2009, Ch. 1, Sec. 13. (SB 6) Effective January 1, 2010. Operative January 1, 2011, pursuant to Sec. 67 of Ch. 1.) - 6000.1. Verify source ↗
## Elections Code - ELEC ## DIVISION 6. PRESIDENTIAL ELECTIONS [6000 - 6954] ( Division 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PARTISAN PRESIDENTIAL PRIMARIES [6000 - 6884] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 0.5. General Provisions [6000 - 6000.2] ( Chapter 0.5 added by Stats. 2009, Ch. 1, Sec. 13. )
This section defines when a person counts as a “recognized candidate” for presidential primary purposes.
## Elections Code - ELEC ## DIVISION 6. PRESIDENTIAL ELECTIONS [6000 - 6954] ( Division 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PARTISAN PRESIDENTIAL PRIMARIES [6000 - 6884] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 0.5. General Provisions [6000 - 6000.2] ( Chapter 0.5 added by Stats. 2009, Ch. 1, Sec. 13. ) ## 6000.1. “Generally advocated for or recognized candidate” or “recognized candidate” means an individual who has an authorized campaign committee registered with the Federal Election Commission for the office of President of the United States and submits proof, pursuant to Section 6000.2, of at least one of the following criteria: (a) The candidate is qualified for funding under the Federal Election Campaign Act of 1974 (52 U.S.C. Sec. 30101 et seq.). (b) The candidate has appeared as a candidate in a national presidential debate hosted by a political party qualified to participate in a primary election, with at least two participating candidates, which is publicly available for viewing by voters in more than one state during the current presidential election cycle. For purposes of this subdivision, “political party qualified to participate in a primary election” means any political party qualified in California, a major or minor ballot-qualified political party in another state, or a national committee of a political party recognized by the Federal Election Commission. (c) The candidate has been placed or has qualified for placement on a presidential primary ballot or a caucus ballot of a major or minor ballot-qualified political party in at least one other state in the current presidential election cycle. (d) The candidate has been or has qualified to be a candidate in a caucus of a major or minor ballot-qualified political party in at least one other state in the current presidential election cycle. (e) The candidate has all of the following: (1) A current presidential campaign internet website or webpage hosted by the candidate or a qualified political party. (2) A written request submitted on the candidate’s behalf to the Secretary of State requesting that the candidate be placed on the presidential primary ballot. The written request shall be from a party qualified to participate in a primary election, as set forth in Section 5100. (Added by Stats. 2019, Ch. 149, Sec. 1. (SB 505) Effective July 30, 2019.) - 6000.2. Verify source ↗
## Elections Code - ELEC ## DIVISION 6. PRESIDENTIAL ELECTIONS [6000 - 6954] ( Division 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PARTISAN PRESIDENTIAL PRIMARIES [6000 - 6884] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 0.5. General Provisions [6000 - 6000.2] ( Chapter 0.5 added by Stats. 2009, Ch. 1, Sec. 13. )
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.
## Elections Code - ELEC ## DIVISION 6. PRESIDENTIAL ELECTIONS [6000 - 6954] ( Division 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PARTISAN PRESIDENTIAL PRIMARIES [6000 - 6884] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 0.5. General Provisions [6000 - 6000.2] ( Chapter 0.5 added by Stats. 2009, Ch. 1, Sec. 13. ) ## 6000.2. (a) A candidate for the office of the President of the United States shall provide to the Secretary of State proof, in substantially the following form, of meeting at least one of the criteria set forth in Section 6000.1: GENERALLY ADVOCATED FOR OR RECOGNIZED CANDIDATE______, a candidate for the office of the President of the United States of America, is a generally advocated for or recognized candidate, as defined in Section 6000.1 of the Elections Code, and has met at least one of the following criteria:◻The candidate is qualified for funding under the Federal Election Campaign Act of 1974 (52 U.S.C. Sec. 30101, et seq.). Attach supporting documentation and provide a description: ______◻The candidate has appeared as a candidate in a national presidential debate hosted by a political party qualified to participate in a primary election, as defined in subdivision (b) of Section 6000.1 of the Elections Code, with at least two participating candidates, which is publicly available for viewing by voters in more than one state during the current presidential election cycle. Attach supporting documentation and provide a description:______◻The candidate has been placed or has qualified for placement on a presidential primary ballot or a caucus ballot of a major or minor ballot-qualified political party in at least one other state in the current presidential election cycle. Attach supporting documentation and provide a description:______◻The candidate has been or has qualified to be a candidate in a caucus of a major or minor ballot-qualified political party in at least one other state in the current presidential election cycle. Attach supporting documentation and provide a description: ______◻The candidate has all of the following (attach documentation and provide a description for each item):(1) A current presidential campaign internet website or webpage hosted by the candidate or a qualified political party.(2) A written request submitted on the candidate’s behalf to the Secretary of State requesting that the candidate be placed on the presidential primary ballot. The written request is from a party qualified to participate in a primary election, as set forth in Section 5100 of the Elections Code.Dated this ____ day of ______, 20__._____________________________Signature of candidate (b) The candidate shall file the form set forth in subdivision (a) and any attached supporting documentation with the Secretary of State and specify the California qualified political party ballot on which the candidate seeks to appear on or before the 98th day before the presidential primary election. (Amended by Stats. 2020, Ch. 370, Sec. 108. (SB 1371) Effective January 1, 2021.) - 6001. Verify source ↗
## Elections Code - ELEC ## DIVISION 6. PRESIDENTIAL ELECTIONS [6000 - 6954] ( Division 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PARTISAN PRESIDENTIAL PRIMARIES [6000 - 6884] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. Democratic Presidential Primary [6001 - 6241] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 1. General Provisions [6001 - 6003] ( Article 1 enacted by Stats. 1994, Ch. 920, Sec. 2. )
This section names the chapter the “Alquist Open Presidential Primary Act” and allows it to be cited by that name.
## Elections Code - ELEC ## DIVISION 6. PRESIDENTIAL ELECTIONS [6000 - 6954] ( Division 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PARTISAN PRESIDENTIAL PRIMARIES [6000 - 6884] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. Democratic Presidential Primary [6001 - 6241] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 1. General Provisions [6001 - 6003] ( Article 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 6001. This chapter shall be known and may be cited as the “Alquist Open Presidential Primary Act.” (Added by renumbering Section 6000a by Stats. 2019, Ch. 149, Sec. 3. (SB 505) Effective July 30, 2019.) - 6001.5. Verify source ↗
## Elections Code - ELEC ## DIVISION 6. PRESIDENTIAL ELECTIONS [6000 - 6954] ( Division 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PARTISAN PRESIDENTIAL PRIMARIES [6000 - 6884] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. Democratic Presidential Primary [6001 - 6241] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 1. General Provisions [6001 - 6003] ( Article 1 enacted by Stats. 1994, Ch. 920, Sec. 2. )
This chapter applies to the Democratic Party.
## Elections Code - ELEC ## DIVISION 6. PRESIDENTIAL ELECTIONS [6000 - 6954] ( Division 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PARTISAN PRESIDENTIAL PRIMARIES [6000 - 6884] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. Democratic Presidential Primary [6001 - 6241] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 1. General Provisions [6001 - 6003] ( Article 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 6001.5. This chapter applies to the Democratic Party. (Added by renumbering Section 6001 by Stats. 2019, Ch. 149, Sec. 4. (SB 505) Effective July 30, 2019.) - 6002. Verify source ↗
## Elections Code - ELEC ## DIVISION 6. PRESIDENTIAL ELECTIONS [6000 - 6954] ( Division 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PARTISAN PRESIDENTIAL PRIMARIES [6000 - 6884] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. Democratic Presidential Primary [6001 - 6241] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 1. General Provisions [6001 - 6003] ( Article 1 enacted by Stats. 1994, Ch. 920, Sec. 2. )
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.
## Elections Code - ELEC ## DIVISION 6. PRESIDENTIAL ELECTIONS [6000 - 6954] ( Division 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PARTISAN PRESIDENTIAL PRIMARIES [6000 - 6884] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. Democratic Presidential Primary [6001 - 6241] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 1. General Provisions [6001 - 6003] ( Article 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 6002. (a) This chapter applies both to the selection of delegates and alternates pledged to the candidacy of a particular candidate and to the selection of delegates and alternates not expressing a preference for a particular candidate. (b) Except as otherwise specified in this chapter, the elements and practices to select delegates and alternates shall be the same as set forth in the standing rules and bylaws of the Democratic National Committee and the Democratic Party of California, including the following: (1) The form and timeline for any required statement of candidacy for delegate candidates. (2) The identification of the presidential preference of delegate candidates. (3) The schedule for, conduct of, and type of districts used to organize, caucuses for the selection of district delegate and alternate candidates. (4) The selection of delegates and alternates other than those elected based on the results of district caucuses. (5) The allocation of delegates and alternates to presidential preferences based on the results of the primary election. (6) Any other goals relating to the composition of the delegation. (c) The Democratic Party of California shall post any standing rules and bylaws relating to this chapter on its Internet Web site. (Amended by Stats. 2010, Ch. 190, Sec. 1. (AB 1689) Effective January 1, 2011.) - 6003. Verify source ↗
## Elections Code - ELEC ## DIVISION 6. PRESIDENTIAL ELECTIONS [6000 - 6954] ( Division 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PARTISAN PRESIDENTIAL PRIMARIES [6000 - 6884] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. Democratic Presidential Primary [6001 - 6241] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 1. General Provisions [6001 - 6003] ( Article 1 enacted by Stats. 1994, Ch. 920, Sec. 2. )
Primary delegate selection participation is limited to registered Democratic Party voters and other voters authorized by Section 13102(c).
## Elections Code - ELEC ## DIVISION 6. PRESIDENTIAL ELECTIONS [6000 - 6954] ( Division 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PARTISAN PRESIDENTIAL PRIMARIES [6000 - 6884] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. Democratic Presidential Primary [6001 - 6241] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 1. General Provisions [6001 - 6003] ( Article 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 6003. Participation in the delegate selection process in primaries shall be restricted to voters whose affidavits of registration declare the Democratic Party as their party affiliation and any other voter authorized under subdivision (c) of Section 13102. (Amended by Stats. 2010, Ch. 190, Sec. 2. (AB 1689) Effective January 1, 2011.) - 6020. Verify source ↗
## Elections Code - ELEC ## DIVISION 6. PRESIDENTIAL ELECTIONS [6000 - 6954] ( Division 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PARTISAN PRESIDENTIAL PRIMARIES [6000 - 6884] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. Democratic Presidential Primary [6001 - 6241] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 2. Number and Certification of Delegates and Alternates [6020 - 6024] ( Article 2 enacted by Stats. 1994, Ch. 920, Sec. 2. )
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.
## Elections Code - ELEC ## DIVISION 6. PRESIDENTIAL ELECTIONS [6000 - 6954] ( Division 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PARTISAN PRESIDENTIAL PRIMARIES [6000 - 6884] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. Democratic Presidential Primary [6001 - 6241] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 2. Number and Certification of Delegates and Alternates [6020 - 6024] ( Article 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 6020. (a) The Chairperson of the Democratic State Central Committee shall notify the Secretary of State on or before the 120th day preceding the presidential primary as to the number of delegates and alternates to represent the state in the next national convention of the Democratic Party. (b) The chairperson shall also notify the Secretary of State at the time prescribed in subdivision (a) as to the type of districts that may be used to select delegates and the number of delegates that may be selected from each district in connection with the presidential primary. The number of delegates and alternates that may be selected from each district shall be based on a formula adopted by the Democratic Party of California in compliance with the standing rules and bylaws of the Democratic National Committee for the national convention where the nominee of the Democratic Party for President of the United States will be selected. (Amended by Stats. 2010, Ch. 190, Sec. 5. (AB 1689) Effective January 1, 2011.) - 6023. Verify source ↗
## Elections Code - ELEC ## DIVISION 6. PRESIDENTIAL ELECTIONS [6000 - 6954] ( Division 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PARTISAN PRESIDENTIAL PRIMARIES [6000 - 6884] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. Democratic Presidential Primary [6001 - 6241] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 2. Number and Certification of Delegates and Alternates [6020 - 6024] ( Article 2 enacted by Stats. 1994, Ch. 920, Sec. 2. )
This section prescribes the form of a notice reporting the number of delegates and alternate delegates for the Democratic National Convention.
## Elections Code - ELEC ## DIVISION 6. PRESIDENTIAL ELECTIONS [6000 - 6954] ( Division 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PARTISAN PRESIDENTIAL PRIMARIES [6000 - 6884] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. Democratic Presidential Primary [6001 - 6241] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 2. Number and Certification of Delegates and Alternates [6020 - 6024] ( Article 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 6023. The notification of the number of delegates and alternate delegates shall be in substantially the following form: ## Statement of Number of Delegates and Alternate Delegates to Democratic National Convention and of Number of Delegates and Alternate Delegates to Be Selected from ____ Districts To the Secretary of State Sacramento, California You are hereby notified that the number of delegates and alternate delegates to represent the State of California in the next national convention of the Democratic Party is ____. You are hereby notified that the number of delegates which may be selected from all ____ districts as a part of the delegation to the national convention of the Democratic Party is as follows: District No. 1.__ delegates __ alternates. District No. 2.__ delegates __ alternates. District No. 3.__ delegates __ alternates. (Followed by the remaining districts). You are hereby notified that the categories and number of delegates, other than those selected by ____ districts, are as follows: Category ____. ____ Delegates. ____ Alternates. (Followed by the remaining categories and number of delegates and alternates). Dated this ____ day of ____, 20__. _____ Chairperson of the State Central Committee of the Democratic Party. (Amended by Stats. 2010, Ch. 190, Sec. 7. (AB 1689) Effective January 1, 2011.) - 6024. Verify source ↗
## Elections Code - ELEC ## DIVISION 6. PRESIDENTIAL ELECTIONS [6000 - 6954] ( Division 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PARTISAN PRESIDENTIAL PRIMARIES [6000 - 6884] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. Democratic Presidential Primary [6001 - 6241] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 2. Number and Certification of Delegates and Alternates [6020 - 6024] ( Article 2 enacted by Stats. 1994, Ch. 920, Sec. 2. )
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.
## Elections Code - ELEC ## DIVISION 6. PRESIDENTIAL ELECTIONS [6000 - 6954] ( Division 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PARTISAN PRESIDENTIAL PRIMARIES [6000 - 6884] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. Democratic Presidential Primary [6001 - 6241] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 2. Number and Certification of Delegates and Alternates [6020 - 6024] ( Article 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 6024. If the Chairperson of the Democratic State Central Committee fails to file the notice required by Section 6020 with the Secretary of State, the Secretary of State shall ascertain the total number of delegates from the call for the national convention issued by the Democratic National Committee and shall compute the number of delegates that may be selected from each district based on a formula specified by the Democratic National Committee. (Amended by Stats. 2010, Ch. 190, Sec. 8. (AB 1689) Effective January 1, 2011.) - 6040. Verify source ↗
## Elections Code - ELEC ## DIVISION 6. PRESIDENTIAL ELECTIONS [6000 - 6954] ( Division 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PARTISAN PRESIDENTIAL PRIMARIES [6000 - 6884] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. Democratic Presidential Primary [6001 - 6241] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 3. Selection of Candidates by the Secretary of State [6040 - 6043] ( Article 3 enacted by Stats. 1994, Ch. 920, Sec. 2. )
This article applies only to the Secretary of State’s designation of candidates for the presidential primary ballot.
## Elections Code - ELEC ## DIVISION 6. PRESIDENTIAL ELECTIONS [6000 - 6954] ( Division 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PARTISAN PRESIDENTIAL PRIMARIES [6000 - 6884] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. Democratic Presidential Primary [6001 - 6241] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 3. Selection of Candidates by the Secretary of State [6040 - 6043] ( Article 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 6040. This article shall apply to the designation of candidates by the Secretary of State for placement only on the presidential primary ballot. (Enacted by Stats. 1994, Ch. 920, Sec. 2.) - 6041. Verify source ↗
## Elections Code - ELEC ## DIVISION 6. PRESIDENTIAL ELECTIONS [6000 - 6954] ( Division 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PARTISAN PRESIDENTIAL PRIMARIES [6000 - 6884] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. Democratic Presidential Primary [6001 - 6241] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 3. Selection of Candidates by the Secretary of State [6040 - 6043] ( Article 3 enacted by Stats. 1994, Ch. 920, Sec. 2. )
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.
## Elections Code - ELEC ## DIVISION 6. PRESIDENTIAL ELECTIONS [6000 - 6954] ( Division 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PARTISAN PRESIDENTIAL PRIMARIES [6000 - 6884] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. Democratic Presidential Primary [6001 - 6241] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 3. Selection of Candidates by the Secretary of State [6040 - 6043] ( Article 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 6041. The Secretary of State shall place the name of a candidate upon the presidential primary ballot when the Secretary of State has determined that the candidate is generally advocated for or recognized throughout the United States or California as actively seeking the nomination of the Democratic Party for President of the United States. The Secretary of State shall include as criteria for selecting candidates the fact of qualifying for funding under the Federal Elections Campaign Act of 1974, as amended. On or before the 88th day preceding a presidential primary election, the Secretary of State shall publicly announce and distribute to the news media for publication a list of the selected candidates that the Secretary of State intends to place on the ballot at the following presidential primary election. (Amended by Stats. 2019, Ch. 149, Sec. 5. (SB 505) Effective July 30, 2019.) - 6042. Verify source ↗
## Elections Code - ELEC ## DIVISION 6. PRESIDENTIAL ELECTIONS [6000 - 6954] ( Division 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PARTISAN PRESIDENTIAL PRIMARIES [6000 - 6884] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. Democratic Presidential Primary [6001 - 6241] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 3. Selection of Candidates by the Secretary of State [6040 - 6043] ( Article 3 enacted by Stats. 1994, Ch. 920, Sec. 2. )
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.
## Elections Code - ELEC ## DIVISION 6. PRESIDENTIAL ELECTIONS [6000 - 6954] ( Division 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PARTISAN PRESIDENTIAL PRIMARIES [6000 - 6884] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. Democratic Presidential Primary [6001 - 6241] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 3. Selection of Candidates by the Secretary of State [6040 - 6043] ( Article 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 6042. When the Secretary of State decides to place the name of a candidate on the ballot pursuant to Section 6041, he or she shall notify the candidate that the candidate’s name will appear on the ballot of this state in the presidential primary election. The secretary shall also notify the candidate that the candidate may withdraw his or her name from the list of recognized candidates by filing with the Secretary of State an affidavit pursuant to Section 6043 no later than the 68th day before the presidential primary election. (Amended by Stats. 2010, Ch. 190, Sec. 10. (AB 1689) Effective January 1, 2011.) - 6043. Verify source ↗
## Elections Code - ELEC ## DIVISION 6. PRESIDENTIAL ELECTIONS [6000 - 6954] ( Division 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PARTISAN PRESIDENTIAL PRIMARIES [6000 - 6884] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. Democratic Presidential Primary [6001 - 6241] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 3. Selection of Candidates by the Secretary of State [6040 - 6043] ( Article 3 enacted by Stats. 1994, Ch. 920, Sec. 2. )
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.
## Elections Code - ELEC ## DIVISION 6. PRESIDENTIAL ELECTIONS [6000 - 6954] ( Division 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PARTISAN PRESIDENTIAL PRIMARIES [6000 - 6884] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. Democratic Presidential Primary [6001 - 6241] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 3. Selection of Candidates by the Secretary of State [6040 - 6043] ( Article 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 6043. If a selected candidate or an unselected candidate files with the Secretary of State, no later than the time specified in Section 6042, an affidavit stating without qualification that he or she is not now a candidate for the office of President of the United States, and stating that similar documents, also without qualification, have been or will be timely filed, where applicable, with the appropriate public election official in all other states holding open presidential primaries, that candidate’s name shall be omitted from the list of names certified by the Secretary of State to the county elections officials for the ballot and his or her name shall not appear on the ballot. (Enacted by Stats. 1994, Ch. 920, Sec. 2.) - 6060. Verify source ↗
## Elections Code - ELEC ## DIVISION 6. PRESIDENTIAL ELECTIONS [6000 - 6954] ( Division 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PARTISAN PRESIDENTIAL PRIMARIES [6000 - 6884] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. Democratic Presidential Primary [6001 - 6241] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 4. Qualification of Candidates and Uncommitted Delegations [6060 - 6061] ( Article 4 enacted by Stats. 1994, Ch. 920, Sec. 2. )
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.
## Elections Code - ELEC ## DIVISION 6. PRESIDENTIAL ELECTIONS [6000 - 6954] ( Division 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PARTISAN PRESIDENTIAL PRIMARIES [6000 - 6884] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. Democratic Presidential Primary [6001 - 6241] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 4. Qualification of Candidates and Uncommitted Delegations [6060 - 6061] ( Article 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 6060. This article shall apply to the qualification for placement on the presidential primary ballot of candidates who are not selected candidates as referred to in Section 6041, and each group, consisting of at least seven voters of the state who are registered as affiliated with the Democratic Party, proposing the selection of delegates expressing no preference for a candidate for President, hereinafter referred to as an “uncommitted delegation.” The additional candidates who qualify under this article shall hereinafter be referred to as unselected candidates. (Enacted by Stats. 1994, Ch. 920, Sec. 2.) - 6061. Verify source ↗
## Elections Code - ELEC ## DIVISION 6. PRESIDENTIAL ELECTIONS [6000 - 6954] ( Division 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PARTISAN PRESIDENTIAL PRIMARIES [6000 - 6884] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. Democratic Presidential Primary [6001 - 6241] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 4. Qualification of Candidates and Uncommitted Delegations [6060 - 6061] ( Article 4 enacted by Stats. 1994, Ch. 920, Sec. 2. )
Unselected candidates or uncommitted delegations must circulate nomination papers and meet Democratic Party signature requirements to get on the presidential primary ballot.
## Elections Code - ELEC ## DIVISION 6. PRESIDENTIAL ELECTIONS [6000 - 6954] ( Division 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PARTISAN PRESIDENTIAL PRIMARIES [6000 - 6884] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. Democratic Presidential Primary [6001 - 6241] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 4. Qualification of Candidates and Uncommitted Delegations [6060 - 6061] ( Article 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 6061. Any unselected candidate or uncommitted delegation desiring to be placed on the presidential primary ballot shall have nomination papers circulated on behalf of the candidacy. In order to qualify for placement on the presidential primary ballot, the candidate’s or uncommitted delegation’s nomination papers shall be signed by voters registered as affiliated with the Democratic Party equal in number to not less than 1 percent or 500, whichever is fewer, in each congressional district of the number of persons registered as members of the Democratic Party in the report of registration issued by the Secretary of State on the 135th day preceding the presidential primary election. The unselected candidates or uncommitted delegations shall meet the statewide signature requirements from each congressional district in order to be eligible for placement on the ballot in any one congressional district. (Amended by Stats. 1998, Ch. 913, Sec. 10. Effective January 1, 1999.) - 6080. Verify source ↗
## Elections Code - ELEC ## DIVISION 6. PRESIDENTIAL ELECTIONS [6000 - 6954] ( Division 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PARTISAN PRESIDENTIAL PRIMARIES [6000 - 6884] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. Democratic Presidential Primary [6001 - 6241] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 5. Steering Committees [6080 - 6082] ( Article 5 enacted by Stats. 1994, Ch. 920, Sec. 2. )
Certain candidates and groups must appoint a seven-member steering committee and choose one member to act as chairperson.
## Elections Code - ELEC ## DIVISION 6. PRESIDENTIAL ELECTIONS [6000 - 6954] ( Division 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PARTISAN PRESIDENTIAL PRIMARIES [6000 - 6884] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. Democratic Presidential Primary [6001 - 6241] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 5. Steering Committees [6080 - 6082] ( Article 5 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 6080. Each candidate who seeks to qualify under Article 4 (commencing with Section 6060) and each group proposing an uncommitted delegation shall appoint a steering committee of seven members and shall appoint one of the members to serve as the chairperson. (Amended by Stats. 2010, Ch. 190, Sec. 11. (AB 1689) Effective January 1, 2011.) - 6081. Verify source ↗
## Elections Code - ELEC ## DIVISION 6. PRESIDENTIAL ELECTIONS [6000 - 6954] ( Division 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PARTISAN PRESIDENTIAL PRIMARIES [6000 - 6884] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. Democratic Presidential Primary [6001 - 6241] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 5. Steering Committees [6080 - 6082] ( Article 5 enacted by Stats. 1994, Ch. 920, Sec. 2. )
The chairperson of a steering committee must file a statement with the Secretary of State at least 82 days before the presidential primary.
## Elections Code - ELEC ## DIVISION 6. PRESIDENTIAL ELECTIONS [6000 - 6954] ( Division 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PARTISAN PRESIDENTIAL PRIMARIES [6000 - 6884] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. Democratic Presidential Primary [6001 - 6241] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 5. Steering Committees [6080 - 6082] ( Article 5 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 6081. The chairperson of a steering committee, at least 82 days prior to the presidential primary, shall file with the Secretary of State a statement containing the names and addresses of the members of the steering committee. (Amended by Stats. 1999, Ch. 791, Sec. 6. Effective October 10, 1999.) - 6082. Verify source ↗
## Elections Code - ELEC ## DIVISION 6. PRESIDENTIAL ELECTIONS [6000 - 6954] ( Division 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PARTISAN PRESIDENTIAL PRIMARIES [6000 - 6884] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. Democratic Presidential Primary [6001 - 6241] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 5. Steering Committees [6080 - 6082] ( Article 5 enacted by Stats. 1994, Ch. 920, Sec. 2. )
Each steering committee must handle circulation of nomination papers for qualifying candidates and for groups proposing uncommitted delegations.
## Elections Code - ELEC ## DIVISION 6. PRESIDENTIAL ELECTIONS [6000 - 6954] ( Division 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PARTISAN PRESIDENTIAL PRIMARIES [6000 - 6884] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. Democratic Presidential Primary [6001 - 6241] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 5. Steering Committees [6080 - 6082] ( Article 5 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 6082. Each steering committee shall be responsible for the circulation of nomination papers of candidates who seek to qualify under Article 4 (commencing with Section 6060) and groups proposing uncommitted delegations. (Amended by Stats. 2010, Ch. 190, Sec. 12. (AB 1689) Effective January 1, 2011.) - 6101. Verify source ↗
## Elections Code - ELEC ## DIVISION 6. PRESIDENTIAL ELECTIONS [6000 - 6954] ( Division 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PARTISAN PRESIDENTIAL PRIMARIES [6000 - 6884] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. Democratic Presidential Primary [6001 - 6241] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 6. Nomination Papers [6101 - 6108] ( Article 6 enacted by Stats. 1994, Ch. 920, Sec. 2. )
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.
## Elections Code - ELEC ## DIVISION 6. PRESIDENTIAL ELECTIONS [6000 - 6954] ( Division 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PARTISAN PRESIDENTIAL PRIMARIES [6000 - 6884] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. Democratic Presidential Primary [6001 - 6241] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 6. Nomination Papers [6101 - 6108] ( Article 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 6101. Nomination papers to be circulated pursuant to Section 6061 shall be prepared, circulated, signed, and verified and shall be left for examination with the county elections official of the county in which they are circulated at least 81 days prior to the presidential primary election. (Amended by Stats. 2019, Ch. 149, Sec. 6. (SB 505) Effective July 30, 2019.) - 6102. Verify source ↗
## Elections Code - ELEC ## DIVISION 6. PRESIDENTIAL ELECTIONS [6000 - 6954] ( Division 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PARTISAN PRESIDENTIAL PRIMARIES [6000 - 6884] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. Democratic Presidential Primary [6001 - 6241] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 6. Nomination Papers [6101 - 6108] ( Article 6 enacted by Stats. 1994, Ch. 920, Sec. 2. )
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.
## Elections Code - ELEC ## DIVISION 6. PRESIDENTIAL ELECTIONS [6000 - 6954] ( Division 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PARTISAN PRESIDENTIAL PRIMARIES [6000 - 6884] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. Democratic Presidential Primary [6001 - 6241] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 6. Nomination Papers [6101 - 6108] ( Article 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 6102. Upon the filing of nomination papers pursuant to Section 6061 signed by the required number of voters, the candidate or uncommitted delegation named in the papers shall be eligible to select a delegation for placement on the ballot which shall be voted upon in the presidential primary election. (Enacted by Stats. 1994, Ch. 920, Sec. 2.) - 6103. Verify source ↗
## Elections Code - ELEC ## DIVISION 6. PRESIDENTIAL ELECTIONS [6000 - 6954] ( Division 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PARTISAN PRESIDENTIAL PRIMARIES [6000 - 6884] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. Democratic Presidential Primary [6001 - 6241] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 6. Nomination Papers [6101 - 6108] ( Article 6 enacted by Stats. 1994, Ch. 920, Sec. 2. )
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.
## Elections Code - ELEC ## DIVISION 6. PRESIDENTIAL ELECTIONS [6000 - 6954] ( Division 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PARTISAN PRESIDENTIAL PRIMARIES [6000 - 6884] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. Democratic Presidential Primary [6001 - 6241] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 6. Nomination Papers [6101 - 6108] ( Article 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 6103. Upon receipt of a sufficient number of signatures for the presidential primary ballot, the Secretary of State shall notify the chairperson of the steering committee of each unselected candidate or uncommitted delegation of that fact and advise him or her that no more signatures will be received. (Enacted by Stats. 1994, Ch. 920, Sec. 2.) - 6104. Verify source ↗
## Elections Code - ELEC ## DIVISION 6. PRESIDENTIAL ELECTIONS [6000 - 6954] ( Division 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PARTISAN PRESIDENTIAL PRIMARIES [6000 - 6884] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. Democratic Presidential Primary [6001 - 6241] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 6. Nomination Papers [6101 - 6108] ( Article 6 enacted by Stats. 1994, Ch. 920, Sec. 2. )
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.
## Elections Code - ELEC ## DIVISION 6. PRESIDENTIAL ELECTIONS [6000 - 6954] ( Division 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PARTISAN PRESIDENTIAL PRIMARIES [6000 - 6884] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. Democratic Presidential Primary [6001 - 6241] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 6. Nomination Papers [6101 - 6108] ( Article 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 6104. Each signer of a nomination paper may sign only one paper. Each signer shall print his or her name, indicate his or her place of residence, and declare his or her intention to support the candidate or delegation named on the nomination paper. (Enacted by Stats. 1994, Ch. 920, Sec. 2.) - 6105. Verify source ↗
## Elections Code - ELEC ## DIVISION 6. PRESIDENTIAL ELECTIONS [6000 - 6954] ( Division 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PARTISAN PRESIDENTIAL PRIMARIES [6000 - 6884] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. Democratic Presidential Primary [6001 - 6241] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 6. Nomination Papers [6101 - 6108] ( Article 6 enacted by Stats. 1994, Ch. 920, Sec. 2. )
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.
## Elections Code - ELEC ## DIVISION 6. PRESIDENTIAL ELECTIONS [6000 - 6954] ( Division 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PARTISAN PRESIDENTIAL PRIMARIES [6000 - 6884] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. Democratic Presidential Primary [6001 - 6241] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 6. Nomination Papers [6101 - 6108] ( Article 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 6105. Any nomination paper may be presented in sections. Each section shall contain the name of the candidate or chairperson of the steering committee in the case of uncommitted delegations. Each section shall bear the name of the county in which it is circulated. Only voters of the county whose affidavits of registration declare the Democratic Party as their party affiliation are competent to sign. (Amended by Stats. 2010, Ch. 190, Sec. 17. (AB 1689) Effective January 1, 2011.) - 6106. Verify source ↗
## Elections Code - ELEC ## DIVISION 6. PRESIDENTIAL ELECTIONS [6000 - 6954] ( Division 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PARTISAN PRESIDENTIAL PRIMARIES [6000 - 6884] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. Democratic Presidential Primary [6001 - 6241] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 6. Nomination Papers [6101 - 6108] ( Article 6 enacted by Stats. 1994, Ch. 920, Sec. 2. )
Nomination papers must have numbered signature lines and an attached circulator affidavit that meets Section 104; no other affidavit is required.
## Elections Code - ELEC ## DIVISION 6. PRESIDENTIAL ELECTIONS [6000 - 6954] ( Division 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PARTISAN PRESIDENTIAL PRIMARIES [6000 - 6884] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. Democratic Presidential Primary [6001 - 6241] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 6. Nomination Papers [6101 - 6108] ( Article 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 6106. Each section shall be prepared with the lines for signatures numbered, and shall have attached the affidavit of the circulator who obtained signatures to it, which shall meet all of the requirements of Section 104. No other affidavit is required. The affidavit of any circulator shall be verified free of charge by any officer authorized to administer oaths. (Amended by Stats. 2013, Ch. 278, Sec. 3. (SB 213) Effective January 1, 2014.) - 6107. Verify source ↗
## Elections Code - ELEC ## DIVISION 6. PRESIDENTIAL ELECTIONS [6000 - 6954] ( Division 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PARTISAN PRESIDENTIAL PRIMARIES [6000 - 6884] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. Democratic Presidential Primary [6001 - 6241] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 6. Nomination Papers [6101 - 6108] ( Article 6 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 comparison with registration affidavits in the county elections official’s office proves otherwise.
## Elections Code - ELEC ## DIVISION 6. PRESIDENTIAL ELECTIONS [6000 - 6954] ( Division 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PARTISAN PRESIDENTIAL PRIMARIES [6000 - 6884] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. Democratic Presidential Primary [6001 - 6241] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 6. Nomination Papers [6101 - 6108] ( Article 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 6107. A verified nomination paper is prima facie evidence that the signatures are genuine and that the persons signing it are voters, until it is otherwise proved 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.) - 6108. Verify source ↗
## Elections Code - ELEC ## DIVISION 6. PRESIDENTIAL ELECTIONS [6000 - 6954] ( Division 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PARTISAN PRESIDENTIAL PRIMARIES [6000 - 6884] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. Democratic Presidential Primary [6001 - 6241] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 6. Nomination Papers [6101 - 6108] ( Article 6 enacted by Stats. 1994, Ch. 920, Sec. 2. )
The presidential primary nomination paper must follow the prescribed form, including the signer’s statement and circulator’s affidavit.
## Elections Code - ELEC ## DIVISION 6. PRESIDENTIAL ELECTIONS [6000 - 6954] ( Division 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PARTISAN PRESIDENTIAL PRIMARIES [6000 - 6884] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. Democratic Presidential Primary [6001 - 6241] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 6. Nomination Papers [6101 - 6108] ( Article 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 6108. The nomination paper for the presidential primary ballot shall be in substantially the following form: SECTION OF NOMINATION PAPER SIGNED BY VOTER ON BEHALF OF A PRESIDENTIAL CANDIDATE OR UNCOMMITTED DELEGATE Section _________Page _____ County of ______________. Nomination paper of a candidate or uncommitted delegation for the presidential primary ballot. State of California County of ⎱ ⎰ ss. SIGNER’S STATEMENT I, the undersigned, am a voter of the County of ____, State of California, and am registered as affiliated with the Democratic Party. I hereby nominate ____ for the presidential primary to be held on the ____ day of ____, 20__. I have not signed the nomination paper of any other candidate or uncommitted delegation, and I further declare that I intend to support the candidate or uncommitted delegation named herein. Number _____ Signature _____ Printed name _____ Residence 1. 2. 3. 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 a candidate or uncommitted delegation for the presidential primary ballot named in the signer’s statement above; that all the signatures on this section of the nomination paper numbered from 1 to ___, inclusive, were made in my presence, and that to the best of my knowledge and belief each signature is the genuine signature of the person whose name it purports to be. The signatures were obtained between ____________, 20___, and ____________, 20____. (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. 4. (SB 213) Effective January 1, 2014.) - 6122. Verify source ↗
## Elections Code - ELEC ## DIVISION 6. PRESIDENTIAL ELECTIONS [6000 - 6954] ( Division 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PARTISAN PRESIDENTIAL PRIMARIES [6000 - 6884] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. Democratic Presidential Primary [6001 - 6241] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 7. Circulators [6122 - 6123] ( Article 7 enacted by Stats. 1994, Ch. 920, Sec. 2. )
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.
## Elections Code - ELEC ## DIVISION 6. PRESIDENTIAL ELECTIONS [6000 - 6954] ( Division 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PARTISAN PRESIDENTIAL PRIMARIES [6000 - 6884] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. Democratic Presidential Primary [6001 - 6241] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 7. Circulators [6122 - 6123] ( Article 7 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 6122. Circulators may obtain signatures to the nomination paper for which they were appointed at any time between the period of 120 days and 81 days, inclusive, prior to the presidential primary election. (Amended by Stats. 2019, Ch. 149, Sec. 7. (SB 505) Effective July 30, 2019.) - 6123. Verify source ↗
## Elections Code - ELEC ## DIVISION 6. PRESIDENTIAL ELECTIONS [6000 - 6954] ( Division 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PARTISAN PRESIDENTIAL PRIMARIES [6000 - 6884] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. Democratic Presidential Primary [6001 - 6241] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 7. Circulators [6122 - 6123] ( Article 7 enacted by Stats. 1994, Ch. 920, Sec. 2. )
A county elections official, deputy, or circulator may not do the stated circulator activities in this section.
## Elections Code - ELEC ## DIVISION 6. PRESIDENTIAL ELECTIONS [6000 - 6954] ( Division 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PARTISAN PRESIDENTIAL PRIMARIES [6000 - 6884] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. Democratic Presidential Primary [6001 - 6241] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 7. Circulators [6122 - 6123] ( Article 7 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 6123. A county elections official or his or her deputy may not circulate a nomination paper and circulators may not obtain signatures within 100 feet of any election booth or polling place. (Amended by Stats. 1999, Ch. 790, Sec. 5. Effective January 1, 2000.) - 6140. Verify source ↗
## Elections Code - ELEC ## DIVISION 6. PRESIDENTIAL ELECTIONS [6000 - 6954] ( Division 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PARTISAN PRESIDENTIAL PRIMARIES [6000 - 6884] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. Democratic Presidential Primary [6001 - 6241] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 8. Arrangement and Examination of Nomination Papers [6140 - 6146] ( Article 8 enacted by Stats. 1994, Ch. 920, Sec. 2. )
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.
## Elections Code - ELEC ## DIVISION 6. PRESIDENTIAL ELECTIONS [6000 - 6954] ( Division 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PARTISAN PRESIDENTIAL PRIMARIES [6000 - 6884] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. Democratic Presidential Primary [6001 - 6241] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 8. Arrangement and Examination of Nomination Papers [6140 - 6146] ( Article 8 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 6140. Each section of a nomination paper, after being verified, shall be returned by the circulator who circulated it to the steering committee, or to its duly authorized representatives. All the sections circulated in any county shall be collected by the steering committee, or its duly authorized representatives, and they shall arrange and leave the sections with the county elections official for examination. (Amended by Stats. 1999, Ch. 790, Sec. 6. Effective January 1, 2000.) - 6141. Verify source ↗
## Elections Code - ELEC ## DIVISION 6. PRESIDENTIAL ELECTIONS [6000 - 6954] ( Division 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PARTISAN PRESIDENTIAL PRIMARIES [6000 - 6884] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. Democratic Presidential Primary [6001 - 6241] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 8. Arrangement and Examination of Nomination Papers [6140 - 6146] ( Article 8 enacted by Stats. 1994, Ch. 920, Sec. 2. )
Before filing, the sections of a nomination paper must be numbered in order.
## Elections Code - ELEC ## DIVISION 6. PRESIDENTIAL ELECTIONS [6000 - 6954] ( Division 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PARTISAN PRESIDENTIAL PRIMARIES [6000 - 6884] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. Democratic Presidential Primary [6001 - 6241] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 8. Arrangement and Examination of Nomination Papers [6140 - 6146] ( Article 8 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 6141. Prior to filing, the sections of a nomination paper shall be numbered in order. (Enacted by Stats. 1994, Ch. 920, Sec. 2.) - 6142. Verify source ↗
## Elections Code - ELEC ## DIVISION 6. PRESIDENTIAL ELECTIONS [6000 - 6954] ( Division 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PARTISAN PRESIDENTIAL PRIMARIES [6000 - 6884] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. Democratic Presidential Primary [6001 - 6241] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 8. Arrangement and Examination of Nomination Papers [6140 - 6146] ( Article 8 enacted by Stats. 1994, Ch. 920, Sec. 2. )
Counties may consolidate and fasten properly assembled nomination papers together, but they must not fasten together nomination papers signed by voters in different counties.
## Elections Code - ELEC ## DIVISION 6. PRESIDENTIAL ELECTIONS [6000 - 6954] ( Division 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PARTISAN PRESIDENTIAL PRIMARIES [6000 - 6884] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. Democratic Presidential Primary [6001 - 6241] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 8. Arrangement and Examination of Nomination Papers [6140 - 6146] ( Article 8 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 6142. Nomination papers, properly assembled, may be consolidated and fastened together by counties, but nomination papers signed by voters in different counties shall not be fastened together. (Enacted by Stats. 1994, Ch. 920, Sec. 2.) - 6143. Verify source ↗
## Elections Code - ELEC ## DIVISION 6. PRESIDENTIAL ELECTIONS [6000 - 6954] ( Division 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PARTISAN PRESIDENTIAL PRIMARIES [6000 - 6884] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. Democratic Presidential Primary [6001 - 6241] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 8. Arrangement and Examination of Nomination Papers [6140 - 6146] ( Article 8 enacted by Stats. 1994, Ch. 920, Sec. 2. )
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.
## Elections Code - ELEC ## DIVISION 6. PRESIDENTIAL ELECTIONS [6000 - 6954] ( Division 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PARTISAN PRESIDENTIAL PRIMARIES [6000 - 6884] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. Democratic Presidential Primary [6001 - 6241] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 8. Arrangement and Examination of Nomination Papers [6140 - 6146] ( Article 8 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 6143. The county elections official shall examine all nomination papers left with him or her for examination and shall disregard and mark “not sufficient” the name of any voter of his or her county which does not appear in the same handwriting on an affidavit of registration in the office of the county elections official. The county elections official shall also disregard and mark “not sufficient” the name of any voter of his or her county who has not stated his or her intention to affiliate with the Democratic Party. (Enacted by Stats. 1994, Ch. 920, Sec. 2.) - 6144. Verify source ↗
## Elections Code - ELEC ## DIVISION 6. PRESIDENTIAL ELECTIONS [6000 - 6954] ( Division 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PARTISAN PRESIDENTIAL PRIMARIES [6000 - 6884] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. Democratic Presidential Primary [6001 - 6241] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 8. Arrangement and Examination of Nomination Papers [6140 - 6146] ( Article 8 enacted by Stats. 1994, Ch. 920, Sec. 2. )
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.
## Elections Code - ELEC ## DIVISION 6. PRESIDENTIAL ELECTIONS [6000 - 6954] ( Division 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PARTISAN PRESIDENTIAL PRIMARIES [6000 - 6884] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. Democratic Presidential Primary [6001 - 6241] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 8. Arrangement and Examination of Nomination Papers [6140 - 6146] ( Article 8 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 6144. Within five days after any nomination papers are left with him or her for examination, the county elections official shall: (a) Examine and affix to them a certificate reciting that he or she has examined them and stating the number of names which have not been marked “not sufficient.” (b) Transmit the papers with the certificate of examination to the Secretary of State, who shall file the papers. (Enacted by Stats. 1994, Ch. 920, Sec. 2.) - 6145. Verify source ↗
## Elections Code - ELEC ## DIVISION 6. PRESIDENTIAL ELECTIONS [6000 - 6954] ( Division 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PARTISAN PRESIDENTIAL PRIMARIES [6000 - 6884] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. Democratic Presidential Primary [6001 - 6241] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 8. Arrangement and Examination of Nomination Papers [6140 - 6146] ( Article 8 enacted by Stats. 1994, Ch. 920, Sec. 2. )
A county elections official must use substantially the specified form when certifying nomination papers.
## Elections Code - ELEC ## DIVISION 6. PRESIDENTIAL ELECTIONS [6000 - 6954] ( Division 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PARTISAN PRESIDENTIAL PRIMARIES [6000 - 6884] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. Democratic Presidential Primary [6001 - 6241] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 8. Arrangement and Examination of Nomination Papers [6140 - 6146] ( Article 8 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 6145. The county elections official’s certificate to nomination papers shall be in substantially the following form: Certificate of County Elections Official to Nomination Papers To the Secretary of State: I, Elections Official of the County of ____________, hereby certify that I have examined the nomination papers to which this certificate is attached, of the candidate or uncommitted delegation, as the case may be, for purposes of qualifying for placement on the ballot at the ensuing presidential primary, that the number of names which I have not marked “not sufficient” is ______________. Dated this ____________ day of ____________, 20____. ____________________, County Elections Official (SEAL)By , Deputy _____ (Amended by Stats. 2010, Ch. 190, Sec. 20. (AB 1689) Effective January 1, 2011.) - 6146. Verify source ↗
## Elections Code - ELEC ## DIVISION 6. PRESIDENTIAL ELECTIONS [6000 - 6954] ( Division 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PARTISAN PRESIDENTIAL PRIMARIES [6000 - 6884] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. Democratic Presidential Primary [6001 - 6241] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 8. Arrangement and Examination of Nomination Papers [6140 - 6146] ( Article 8 enacted by Stats. 1994, Ch. 920, Sec. 2. )
No filing fee is required to file nomination papers.
## Elections Code - ELEC ## DIVISION 6. PRESIDENTIAL ELECTIONS [6000 - 6954] ( Division 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PARTISAN PRESIDENTIAL PRIMARIES [6000 - 6884] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. Democratic Presidential Primary [6001 - 6241] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 8. Arrangement and Examination of Nomination Papers [6140 - 6146] ( Article 8 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 6146. No filing fee shall be required from any person in order to file nomination papers. (Enacted by Stats. 1994, Ch. 920, Sec. 2.) - 6160. Verify source ↗
## Elections Code - ELEC ## DIVISION 6. PRESIDENTIAL ELECTIONS [6000 - 6954] ( Division 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PARTISAN PRESIDENTIAL PRIMARIES [6000 - 6884] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. Democratic Presidential Primary [6001 - 6241] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 9. Notification of Qualification from Secretary of State [6160- 6160.] ( Article 9 enacted by Stats. 1994, Ch. 920, Sec. 2. )
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.
## Elections Code - ELEC ## DIVISION 6. PRESIDENTIAL ELECTIONS [6000 - 6954] ( Division 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PARTISAN PRESIDENTIAL PRIMARIES [6000 - 6884] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. Democratic Presidential Primary [6001 - 6241] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 9. Notification of Qualification from Secretary of State [6160- 6160.] ( Article 9 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 6160. At least 68 days before a presidential primary, the Secretary of State shall notify each steering committee whether or not it has qualified a candidate or uncommitted delegation for placement on the ballot pursuant to Section 6060. (Amended by Stats. 2010, Ch. 190, Sec. 21. (AB 1689) Effective January 1, 2011.) - 6180. Verify source ↗
## Elections Code - ELEC ## DIVISION 6. PRESIDENTIAL ELECTIONS [6000 - 6954] ( Division 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PARTISAN PRESIDENTIAL PRIMARIES [6000 - 6884] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. Democratic Presidential Primary [6001 - 6241] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 10. Certified List of Candidates and Uncommitted Delegations, Notice of Election [6180- 6180.] ( Article 10 enacted by Stats. 1994, Ch. 920, Sec. 2. )
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.
## Elections Code - ELEC ## DIVISION 6. PRESIDENTIAL ELECTIONS [6000 - 6954] ( Division 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PARTISAN PRESIDENTIAL PRIMARIES [6000 - 6884] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. Democratic Presidential Primary [6001 - 6241] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 10. Certified List of Candidates and Uncommitted Delegations, Notice of Election [6180- 6180.] ( Article 10 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 6180. At least 68 days before a presidential primary election, the Secretary of State shall transmit to each county elections official a certified list containing the name of each candidate who is entitled to be voted for on the ballot at the presidential primary, and the name of each chairperson of a steering committee of an uncommitted delegation who is to be voted for on the same ballot. The certified list shall be in substantially the following form: Certified List of Presidential Candidates and Uncommitted Delegations To the County Elections Official of ________ County: I, ________, Secretary of State, do hereby certify that the following list contains the name of each person who is entitled to be voted for as a candidate of the Democratic Party at the presidential primary election to be held on the ________ day of ____, 20__, and the name of each chairperson of a steering committee of an uncommitted delegation which is entitled to be voted for on the ballot. List of Presidential Candidates and Uncommitted Delegations Linda Adams Joseph Black John Reardon Unpledged delegation Paul Minor, Chairperson Dated at Sacramento, California, this ________ day of ________, 20____. (SEAL) _____ Secretary of State _____ (Amended by Stats. 2010, Ch. 190, Sec. 22. (AB 1689) Effective January 1, 2011.) - 6220. Verify source ↗
## Elections Code - ELEC ## DIVISION 6. PRESIDENTIAL ELECTIONS [6000 - 6954] ( Division 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PARTISAN PRESIDENTIAL PRIMARIES [6000 - 6884] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. Democratic Presidential Primary [6001 - 6241] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 12. Canvass of Returns and Certificate of Selection [6220 - 6222] ( Article 12 enacted by Stats. 1994, Ch. 920, Sec. 2. )
The Secretary of State must compile and file a statement of canvassed returns within 32 days after the election.
## Elections Code - ELEC ## DIVISION 6. PRESIDENTIAL ELECTIONS [6000 - 6954] ( Division 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PARTISAN PRESIDENTIAL PRIMARIES [6000 - 6884] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. Democratic Presidential Primary [6001 - 6241] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 12. Canvass of Returns and Certificate of Selection [6220 - 6222] ( Article 12 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 6220. The Secretary of State shall, not later than the 32nd day after the election, compile and file in his or her office a statement of the canvassed returns filed with him or her by the county elections officials. The compiled statement shall show for each candidate and uncommitted delegation the total of the votes received, and the votes received in each county. (Amended by Stats. 2000, Ch. 55, Sec. 2. Effective January 1, 2001.) - 6222. Verify source ↗
## Elections Code - ELEC ## DIVISION 6. PRESIDENTIAL ELECTIONS [6000 - 6954] ( Division 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PARTISAN PRESIDENTIAL PRIMARIES [6000 - 6884] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. Democratic Presidential Primary [6001 - 6241] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 12. Canvass of Returns and Certificate of Selection [6220 - 6222] ( Article 12 enacted by Stats. 1994, Ch. 920, Sec. 2. )
No fee may be required to get a certificate of selection as a delegate or alternate.
## Elections Code - ELEC ## DIVISION 6. PRESIDENTIAL ELECTIONS [6000 - 6954] ( Division 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PARTISAN PRESIDENTIAL PRIMARIES [6000 - 6884] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. Democratic Presidential Primary [6001 - 6241] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 12. Canvass of Returns and Certificate of Selection [6220 - 6222] ( Article 12 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 6222. No fee shall be required of any person as a condition of receiving a certificate of selection as a delegate or an alternate. (Enacted by Stats. 1994, Ch. 920, Sec. 2.) - 6240. Verify source ↗
## Elections Code - ELEC ## DIVISION 6. PRESIDENTIAL ELECTIONS [6000 - 6954] ( Division 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PARTISAN PRESIDENTIAL PRIMARIES [6000 - 6884] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. Democratic Presidential Primary [6001 - 6241] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 13. Write-in Candidates [6240 - 6241] ( Article 13 enacted by Stats. 1994, Ch. 920, Sec. 2. )
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.
## Elections Code - ELEC ## DIVISION 6. PRESIDENTIAL ELECTIONS [6000 - 6954] ( Division 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PARTISAN PRESIDENTIAL PRIMARIES [6000 - 6884] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. Democratic Presidential Primary [6001 - 6241] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 13. Write-in Candidates [6240 - 6241] ( Article 13 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 6240. Notwithstanding any other provision of law, a space shall be provided on the presidential primary ballot for a voter to write in the name of a candidate for nomination by the Democratic Party for President of the United States. (Amended by Stats. 2010, Ch. 190, Sec. 24. (AB 1689) Effective January 1, 2011.) - 6241. Verify source ↗
## Elections Code - ELEC ## DIVISION 6. PRESIDENTIAL ELECTIONS [6000 - 6954] ( Division 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PARTISAN PRESIDENTIAL PRIMARIES [6000 - 6884] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. Democratic Presidential Primary [6001 - 6241] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 13. Write-in Candidates [6240 - 6241] ( Article 13 enacted by Stats. 1994, Ch. 920, Sec. 2. )
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.
## Elections Code - ELEC ## DIVISION 6. PRESIDENTIAL ELECTIONS [6000 - 6954] ( Division 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PARTISAN PRESIDENTIAL PRIMARIES [6000 - 6884] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. Democratic Presidential Primary [6001 - 6241] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 13. Write-in Candidates [6240 - 6241] ( Article 13 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 6241. Any person who believes his or her name may be used as a write-in candidate for nomination by the Democratic Party for President of the United States shall, not later than 21 days before the primary election, file for endorsement of his or her write-in candidacy with the Secretary of State, or no votes shall be counted for him or her. (Amended by Stats. 2010, Ch. 190, Sec. 25. (AB 1689) Effective January 1, 2011.) - 6300. Verify source ↗
## Elections Code - ELEC ## DIVISION 6. PRESIDENTIAL ELECTIONS [6000 - 6954] ( Division 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PARTISAN PRESIDENTIAL PRIMARIES [6000 - 6884] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. Republican Presidential Primary [6300 - 6480] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 1. General Provisions [6300- 6300.] ( Article 1 enacted by Stats. 1994, Ch. 920, Sec. 2. )
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.
## Elections Code - ELEC ## DIVISION 6. PRESIDENTIAL ELECTIONS [6000 - 6954] ( Division 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PARTISAN PRESIDENTIAL PRIMARIES [6000 - 6884] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. Republican Presidential Primary [6300 - 6480] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 1. General Provisions [6300- 6300.] ( Article 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 6300. (a) This chapter shall be applicable only to the presidential primary ballot of the Republican Party, and qualified parties for which no other provisions apply. (b) This chapter shall be applicable to the selection of delegates to the Republican Party National Convention to the extent that the constitution, bylaws, and rules of the Republican Party do not provide otherwise. The California Republican Party shall notify the Secretary of State of any material changes in the constitution, bylaws, and rules of the Republican Party relating to the selection of delegates to the Republican Party National Convention. (Amended by Stats. 1999, Ch. 159, Sec. 1. Effective July 23, 1999.) - 6320. Verify source ↗
## Elections Code - ELEC ## DIVISION 6. PRESIDENTIAL ELECTIONS [6000 - 6954] ( Division 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PARTISAN PRESIDENTIAL PRIMARIES [6000 - 6884] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. Republican Presidential Primary [6300 - 6480] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 2. Number and Certification of Delegates [6320 - 6323] ( Article 2 enacted by Stats. 1994, Ch. 920, Sec. 2. )
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.
## Elections Code - ELEC ## DIVISION 6. PRESIDENTIAL ELECTIONS [6000 - 6954] ( Division 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PARTISAN PRESIDENTIAL PRIMARIES [6000 - 6884] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. Republican Presidential Primary [6300 - 6480] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 2. Number and Certification of Delegates [6320 - 6323] ( Article 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 6320. The chairperson of the state central committee shall notify the Secretary of State on or before the 120th day preceding the presidential primary as to the number of delegates to represent the state in the next national convention of his or her party. (Amended by Stats. 1998, Ch. 913, Sec. 15. Effective January 1, 1999.) - 6321. Verify source ↗
## Elections Code - ELEC ## DIVISION 6. PRESIDENTIAL ELECTIONS [6000 - 6954] ( Division 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PARTISAN PRESIDENTIAL PRIMARIES [6000 - 6884] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. Republican Presidential Primary [6300 - 6480] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 2. Number and Certification of Delegates [6320 - 6323] ( Article 2 enacted by Stats. 1994, Ch. 920, Sec. 2. )
The number of delegates must be notified in substantially the specified form, addressed to the Secretary of State.
## Elections Code - ELEC ## DIVISION 6. PRESIDENTIAL ELECTIONS [6000 - 6954] ( Division 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PARTISAN PRESIDENTIAL PRIMARIES [6000 - 6884] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. Republican Presidential Primary [6300 - 6480] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 2. Number and Certification of Delegates [6320 - 6323] ( Article 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 6321. The notification of the number of delegates shall be in substantially the following form: STATEMENT OF NUMBER OF DELEGATES TO THE REPUBLICAN PARTY NATIONAL CONVENTION To the Secretary of State Sacramento, California _____ You are hereby notified that the number of delegates to represent the State of California in the next national convention of the Republican Party is ____. Dated this ________ day of ________, 20__ Chairperson of the State Central Committee of the Republican Party. (Amended by Stats. 2018, Ch. 58, Sec. 3. (AB 3259) Effective January 1, 2019.) - 6322. Verify source ↗
## Elections Code - ELEC ## DIVISION 6. PRESIDENTIAL ELECTIONS [6000 - 6954] ( Division 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PARTISAN PRESIDENTIAL PRIMARIES [6000 - 6884] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. Republican Presidential Primary [6300 - 6480] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 2. Number and Certification of Delegates [6320 - 6323] ( Article 2 enacted by Stats. 1994, Ch. 920, Sec. 2. )
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.
## Elections Code - ELEC ## DIVISION 6. PRESIDENTIAL ELECTIONS [6000 - 6954] ( Division 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PARTISAN PRESIDENTIAL PRIMARIES [6000 - 6884] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. Republican Presidential Primary [6300 - 6480] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 2. Number and Certification of Delegates [6320 - 6323] ( Article 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 6322. If the chairperson of the state central committee fails to file a notice as to the number of delegates, the Secretary of State shall ascertain the number from the call for the national convention issued by the national committee of the party. (Enacted by Stats. 1994, Ch. 920, Sec. 2.) - 6323. Verify source ↗
## Elections Code - ELEC ## DIVISION 6. PRESIDENTIAL ELECTIONS [6000 - 6954] ( Division 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PARTISAN PRESIDENTIAL PRIMARIES [6000 - 6884] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. Republican Presidential Primary [6300 - 6480] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 2. Number and Certification of Delegates [6320 - 6323] ( Article 2 enacted by Stats. 1994, Ch. 920, Sec. 2. )
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.
## Elections Code - ELEC ## DIVISION 6. PRESIDENTIAL ELECTIONS [6000 - 6954] ( Division 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PARTISAN PRESIDENTIAL PRIMARIES [6000 - 6884] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. Republican Presidential Primary [6300 - 6480] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 2. Number and Certification of Delegates [6320 - 6323] ( Article 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 6323. The Secretary of State shall, on or before the 110th day preceding the presidential primary, certify to the county elections official of each county the number of delegates to be elected by the Republican Party. (Amended by Stats. 1998, Ch. 913, Sec. 16. Effective January 1, 1999.) - 6340. Verify source ↗
## Elections Code - ELEC ## DIVISION 6. PRESIDENTIAL ELECTIONS [6000 - 6954] ( Division 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PARTISAN PRESIDENTIAL PRIMARIES [6000 - 6884] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. Republican Presidential Primary [6300 - 6480] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 3. Selection of Candidates by the Secretary of State [6340 - 6343] ( Article 3 enacted by Stats. 1994, Ch. 920, Sec. 2. )
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.
## Elections Code - ELEC ## DIVISION 6. PRESIDENTIAL ELECTIONS [6000 - 6954] ( Division 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PARTISAN PRESIDENTIAL PRIMARIES [6000 - 6884] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. Republican Presidential Primary [6300 - 6480] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 3. Selection of Candidates by the Secretary of State [6340 - 6343] ( Article 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 6340. (a) The Secretary of State shall place the name of a candidate upon the Republican presidential primary ballot when the Secretary of State has determined that the candidate is generally advocated for or recognized throughout the United States or California as a candidate for the nomination of the Republican Party for President of the United States. (b) On or before the 88th day preceding a presidential primary election the Secretary of State shall publicly announce and distribute to the news media for publication a list of the candidates the Secretary of State intends to place on the ballot at the following presidential primary election. Following this announcement the Secretary of State may add candidates to the Secretary of State’s selection, but the Secretary of State shall not delete any candidate whose name appears on the announced list. (Amended by Stats. 2019, Ch. 149, Sec. 8. (SB 505) Effective July 30, 2019.) - 6341. Verify source ↗
## Elections Code - ELEC ## DIVISION 6. PRESIDENTIAL ELECTIONS [6000 - 6954] ( Division 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PARTISAN PRESIDENTIAL PRIMARIES [6000 - 6884] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. Republican Presidential Primary [6300 - 6480] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 3. Selection of Candidates by the Secretary of State [6340 - 6343] ( Article 3 enacted by Stats. 1994, Ch. 920, Sec. 2. )
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.
## Elections Code - ELEC ## DIVISION 6. PRESIDENTIAL ELECTIONS [6000 - 6954] ( Division 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PARTISAN PRESIDENTIAL PRIMARIES [6000 - 6884] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. Republican Presidential Primary [6300 - 6480] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 3. Selection of Candidates by the Secretary of State [6340 - 6343] ( Article 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 6341. When the Secretary of State decides to place the name of a candidate on the ballot pursuant to Section 6340, he or she shall notify the candidate that his or her name will appear on the ballot of this state in the presidential primary election. The secretary shall also notify the candidate that he or she may withdraw his or her name from the ballot by filing with the Secretary of State an affidavit pursuant to Section 6342 no later than the 68th day before that election. (Amended by Stats. 1999, Ch. 312, Sec. 8. Effective January 1, 2000.) - 6342. Verify source ↗
## Elections Code - ELEC ## DIVISION 6. PRESIDENTIAL ELECTIONS [6000 - 6954] ( Division 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PARTISAN PRESIDENTIAL PRIMARIES [6000 - 6884] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. Republican Presidential Primary [6300 - 6480] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 3. Selection of Candidates by the Secretary of State [6340 - 6343] ( Article 3 enacted by Stats. 1994, Ch. 920, Sec. 2. )
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.
## Elections Code - ELEC ## DIVISION 6. PRESIDENTIAL ELECTIONS [6000 - 6954] ( Division 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PARTISAN PRESIDENTIAL PRIMARIES [6000 - 6884] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. Republican Presidential Primary [6300 - 6480] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 3. Selection of Candidates by the Secretary of State [6340 - 6343] ( Article 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 6342. If a selected candidate or a nonselected candidate files with the Secretary of State, no later than the 68th day before the presidential primary, an affidavit stating without qualification that he or she is not now a candidate for the office of President of the United States at the forthcoming presidential primary election, his or her name shall be omitted from the list of names certified by the Secretary of State to the county elections officials for the ballot and his or her name shall not appear on the presidential primary ballot. (Amended by Stats. 1999, Ch. 312, Sec. 9. Effective January 1, 2000.) - 6343. Verify source ↗
## Elections Code - ELEC ## DIVISION 6. PRESIDENTIAL ELECTIONS [6000 - 6954] ( Division 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PARTISAN PRESIDENTIAL PRIMARIES [6000 - 6884] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. Republican Presidential Primary [6300 - 6480] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 3. Selection of Candidates by the Secretary of State [6340 - 6343] ( Article 3 enacted by Stats. 1994, Ch. 920, Sec. 2. )
A candidate seeking placement on the Republican presidential primary ballot must circulate nomination papers and meet a signature requirement.
## Elections Code - ELEC ## DIVISION 6. PRESIDENTIAL ELECTIONS [6000 - 6954] ( Division 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PARTISAN PRESIDENTIAL PRIMARIES [6000 - 6884] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. Republican Presidential Primary [6300 - 6480] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 3. Selection of Candidates by the Secretary of State [6340 - 6343] ( Article 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 6343. Any unselected candidate desiring to have his or her name placed on the presidential primary ballot shall have nomination papers circulated in his or her behalf. In order to qualify his or her name for placement on the presidential primary ballot, the candidate’s nomination papers shall be signed by voters registered as affiliated with the Republican Party equal in number to not less than 1 percent of the number of persons registered as members of the Republican Party, as reflected in the report of registration issued by the Secretary of State on the 135th day preceding the presidential primary election. (Amended by Stats. 1998, Ch. 913, Sec. 18. Effective January 1, 1999.) - 6360. Verify source ↗
## Elections Code - ELEC ## DIVISION 6. PRESIDENTIAL ELECTIONS [6000 - 6954] ( Division 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PARTISAN PRESIDENTIAL PRIMARIES [6000 - 6884] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. Republican Presidential Primary [6300 - 6480] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 4. Nomination Papers [6360 - 6365] ( Article 4 enacted by Stats. 1994, Ch. 920, Sec. 2. )
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.
## Elections Code - ELEC ## DIVISION 6. PRESIDENTIAL ELECTIONS [6000 - 6954] ( Division 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PARTISAN PRESIDENTIAL PRIMARIES [6000 - 6884] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. Republican Presidential Primary [6300 - 6480] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 4. Nomination Papers [6360 - 6365] ( Article 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 6360. Nomination papers properly prepared, circulated, signed, and verified shall be left for examination with the county elections official of the county in which they are circulated at least 81 days prior to the presidential primary. (Amended by Stats. 2020, Ch. 370, Sec. 109. (SB 1371) Effective January 1, 2021.) - 6361. Verify source ↗
## Elections Code - ELEC ## DIVISION 6. PRESIDENTIAL ELECTIONS [6000 - 6954] ( Division 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PARTISAN PRESIDENTIAL PRIMARIES [6000 - 6884] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. Republican Presidential Primary [6300 - 6480] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 4. Nomination Papers [6360 - 6365] ( Article 4 enacted by Stats. 1994, Ch. 920, Sec. 2. )
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.
## Elections Code - ELEC ## DIVISION 6. PRESIDENTIAL ELECTIONS [6000 - 6954] ( Division 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PARTISAN PRESIDENTIAL PRIMARIES [6000 - 6884] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. Republican Presidential Primary [6300 - 6480] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 4. Nomination Papers [6360 - 6365] ( Article 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 6361. Each signer of a nomination paper may sign only one paper. He or she shall declare his or her intention to support the candidate for nomination, add his or her place of residence, and give his or her street and number if any. (Enacted by Stats. 1994, Ch. 920, Sec. 2.) - 6362. Verify source ↗
## Elections Code - ELEC ## DIVISION 6. PRESIDENTIAL ELECTIONS [6000 - 6954] ( Division 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PARTISAN PRESIDENTIAL PRIMARIES [6000 - 6884] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. Republican Presidential Primary [6300 - 6480] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 4. Nomination Papers [6360 - 6365] ( Article 4 enacted by Stats. 1994, Ch. 920, Sec. 2. )
Nomination papers may be presented in sections, and each section must list the candidate names and the county name where it is circulated.
## Elections Code - ELEC ## DIVISION 6. PRESIDENTIAL ELECTIONS [6000 - 6954] ( Division 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PARTISAN PRESIDENTIAL PRIMARIES [6000 - 6884] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. Republican Presidential Primary [6300 - 6480] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 4. Nomination Papers [6360 - 6365] ( Article 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 6362. Any nomination paper may be presented in sections. Each section shall contain the names of the candidate. Each section shall bear the name of the county in which it is circulated. Only voters of the county registered as intending to affiliate with the political party by which the nominations are to be made are competent to sign. (Enacted by Stats. 1994, Ch. 920, Sec. 2.) - 6363. Verify source ↗
## Elections Code - ELEC ## DIVISION 6. PRESIDENTIAL ELECTIONS [6000 - 6954] ( Division 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PARTISAN PRESIDENTIAL PRIMARIES [6000 - 6884] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. Republican Presidential Primary [6300 - 6480] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 4. Nomination Papers [6360 - 6365] ( Article 4 enacted by Stats. 1994, Ch. 920, Sec. 2. )
Circulator affidavits must be verified free of charge by an officer authorized to administer oaths, and no other affidavit is required.
## Elections Code - ELEC ## DIVISION 6. PRESIDENTIAL ELECTIONS [6000 - 6954] ( Division 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PARTISAN PRESIDENTIAL PRIMARIES [6000 - 6884] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. Republican Presidential Primary [6300 - 6480] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 4. Nomination Papers [6360 - 6365] ( Article 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 6363. Each section shall be prepared with the lines for signatures numbered, and shall have attached the affidavit of the circulator who obtained signatures to it, which shall meet all of the requirements of Section 104. No other affidavit is required. The affidavit of any circulator shall be verified free of charge by any officer authorized to administer oaths. (Amended by Stats. 2013, Ch. 278, Sec. 5. (SB 213) Effective January 1, 2014.) - 6364. Verify source ↗
## Elections Code - ELEC ## DIVISION 6. PRESIDENTIAL ELECTIONS [6000 - 6954] ( Division 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PARTISAN PRESIDENTIAL PRIMARIES [6000 - 6884] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. Republican Presidential Primary [6300 - 6480] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 4. Nomination Papers [6360 - 6365] ( Article 4 enacted by Stats. 1994, Ch. 920, Sec. 2. )
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.
## Elections Code - ELEC ## DIVISION 6. PRESIDENTIAL ELECTIONS [6000 - 6954] ( Division 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PARTISAN PRESIDENTIAL PRIMARIES [6000 - 6884] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. Republican Presidential Primary [6300 - 6480] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 4. Nomination Papers [6360 - 6365] ( Article 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 6364. A verified nomination paper is prima facie evidence that the signatures are genuine and that the persons signing it are voters, until it is otherwise proved 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.) - 6365. Verify source ↗
## Elections Code - ELEC ## DIVISION 6. PRESIDENTIAL ELECTIONS [6000 - 6954] ( Division 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PARTISAN PRESIDENTIAL PRIMARIES [6000 - 6884] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. Republican Presidential Primary [6300 - 6480] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 4. Nomination Papers [6360 - 6365] ( Article 4 enacted by Stats. 1994, Ch. 920, Sec. 2. )
This section provides the required form for a candidate’s nomination paper.
## Elections Code - ELEC ## DIVISION 6. PRESIDENTIAL ELECTIONS [6000 - 6954] ( Division 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PARTISAN PRESIDENTIAL PRIMARIES [6000 - 6884] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. Republican Presidential Primary [6300 - 6480] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 4. Nomination Papers [6360 - 6365] ( Article 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 6365. The nomination paper for a candidate shall be in substantially the following form: SECTION OF NOMINATION PAPER SIGNED BY VOTER ON BEHALF OF CANDIDATE Section ____________Page ____________ County of __________. Nomination paper for ____________ as presidential nominee of the Republican Party. State of California County of ⎱ ⎰ ss. SIGNER’S STATEMENT I, the undersigned, am a voter of the County of ____________, State of California, and am registered as intending to affiliate with the Republican Party. I have not signed the nomination paper of any other candidates for the same office, and further declare that I intend to support the nomination of the candidate named herein at the Republican Party presidential primary to be held on the ____________ day of ____________, 20____. Number _____ Signature _____ Printed name _____ Residence 1. 2. 3. 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 the candidate named in the signer’s statement above as candidate for nomination by the Republican Party at its presidential primary election; that all the signatures on this section of the nomination paper numbered from 1 to ____________, inclusive, were made in my presence, that the signatures were obtained between ____________, 20__, and ____________, 20__, and that to the best of my knowledge 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. 6. (SB 213) Effective January 1, 2014.) - 6382. Verify source ↗
## Elections Code - ELEC ## DIVISION 6. PRESIDENTIAL ELECTIONS [6000 - 6954] ( Division 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PARTISAN PRESIDENTIAL PRIMARIES [6000 - 6884] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. Republican Presidential Primary [6300 - 6480] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 5. Circulators [6382 - 6383] ( Article 5 enacted by Stats. 1994, Ch. 920, Sec. 2. )
Circulators may obtain signatures for a candidate’s nomination paper only during the 120-to-81-day period before the presidential primary.
## Elections Code - ELEC ## DIVISION 6. PRESIDENTIAL ELECTIONS [6000 - 6954] ( Division 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PARTISAN PRESIDENTIAL PRIMARIES [6000 - 6884] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. Republican Presidential Primary [6300 - 6480] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 5. Circulators [6382 - 6383] ( Article 5 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 6382. Circulators may obtain signatures to the nomination paper of a candidate at any time not more than 120 nor less than 81 days prior to the presidential primary. (Amended by Stats. 2019, Ch. 149, Sec. 10. (SB 505) Effective July 30, 2019.) - 6383. Verify source ↗
## Elections Code - ELEC ## DIVISION 6. PRESIDENTIAL ELECTIONS [6000 - 6954] ( Division 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PARTISAN PRESIDENTIAL PRIMARIES [6000 - 6884] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. Republican Presidential Primary [6300 - 6480] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 5. Circulators [6382 - 6383] ( Article 5 enacted by Stats. 1994, Ch. 920, Sec. 2. )
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.
## Elections Code - ELEC ## DIVISION 6. PRESIDENTIAL ELECTIONS [6000 - 6954] ( Division 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PARTISAN PRESIDENTIAL PRIMARIES [6000 - 6884] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. Republican Presidential Primary [6300 - 6480] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 5. Circulators [6382 - 6383] ( Article 5 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 6383. A county elections official or deputy county elections official may not circulate a nomination paper. Circulators may not obtain signatures within 100 feet of any election booth or polling place. (Amended by Stats. 1999, Ch. 790, Sec. 11. Effective January 1, 2000.) - 6400. Verify source ↗
## Elections Code - ELEC ## DIVISION 6. PRESIDENTIAL ELECTIONS [6000 - 6954] ( Division 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PARTISAN PRESIDENTIAL PRIMARIES [6000 - 6884] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. Republican Presidential Primary [6300 - 6480] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 6. Arrangement and Examination of Nomination Papers [6400 - 6406] ( Article 6 enacted by Stats. 1994, Ch. 920, Sec. 2. )
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.
## Elections Code - ELEC ## DIVISION 6. PRESIDENTIAL ELECTIONS [6000 - 6954] ( Division 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PARTISAN PRESIDENTIAL PRIMARIES [6000 - 6884] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. Republican Presidential Primary [6300 - 6480] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 6. Arrangement and Examination of Nomination Papers [6400 - 6406] ( Article 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 6400. Each section of a nomination paper shall be returned by the circulator who circulated it to the candidate or his or her designee. All the sections circulated in any county shall be collected by the candidate or his or her designee and he or she shall arrange and leave the sections with the county elections official for examination. (Amended by Stats. 1999, Ch. 790, Sec. 12. Effective January 1, 2000.) - 6401. Verify source ↗
## Elections Code - ELEC ## DIVISION 6. PRESIDENTIAL ELECTIONS [6000 - 6954] ( Division 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PARTISAN PRESIDENTIAL PRIMARIES [6000 - 6884] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. Republican Presidential Primary [6300 - 6480] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 6. Arrangement and Examination of Nomination Papers [6400 - 6406] ( Article 6 enacted by Stats. 1994, Ch. 920, Sec. 2. )
Before filing, the sections of a candidate’s nomination paper must be numbered in order.
## Elections Code - ELEC ## DIVISION 6. PRESIDENTIAL ELECTIONS [6000 - 6954] ( Division 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PARTISAN PRESIDENTIAL PRIMARIES [6000 - 6884] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. Republican Presidential Primary [6300 - 6480] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 6. Arrangement and Examination of Nomination Papers [6400 - 6406] ( Article 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 6401. Prior to filing, the sections of a nomination paper for a candidate shall be numbered in order. (Enacted by Stats. 1994, Ch. 920, Sec. 2.) - 6402. Verify source ↗
## Elections Code - ELEC ## DIVISION 6. PRESIDENTIAL ELECTIONS [6000 - 6954] ( Division 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PARTISAN PRESIDENTIAL PRIMARIES [6000 - 6884] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. Republican Presidential Primary [6300 - 6480] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 6. Arrangement and Examination of Nomination Papers [6400 - 6406] ( Article 6 enacted by Stats. 1994, Ch. 920, Sec. 2. )
Counties may consolidate and fasten properly assembled nomination papers, but they must not fasten together papers signed by voters in different counties.
## Elections Code - ELEC ## DIVISION 6. PRESIDENTIAL ELECTIONS [6000 - 6954] ( Division 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PARTISAN PRESIDENTIAL PRIMARIES [6000 - 6884] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. Republican Presidential Primary [6300 - 6480] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 6. Arrangement and Examination of Nomination Papers [6400 - 6406] ( Article 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 6402. Nomination papers, properly assembled, may be consolidated and fastened together by counties, but nomination papers signed by voters in different counties shall not be thus fastened together. (Enacted by Stats. 1994, Ch. 920, Sec. 2.) - 6403. Verify source ↗
## Elections Code - ELEC ## DIVISION 6. PRESIDENTIAL ELECTIONS [6000 - 6954] ( Division 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PARTISAN PRESIDENTIAL PRIMARIES [6000 - 6884] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. Republican Presidential Primary [6300 - 6480] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 6. Arrangement and Examination of Nomination Papers [6400 - 6406] ( Article 6 enacted by Stats. 1994, Ch. 920, Sec. 2. )
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.
## Elections Code - ELEC ## DIVISION 6. PRESIDENTIAL ELECTIONS [6000 - 6954] ( Division 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PARTISAN PRESIDENTIAL PRIMARIES [6000 - 6884] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. Republican Presidential Primary [6300 - 6480] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 6. Arrangement and Examination of Nomination Papers [6400 - 6406] ( Article 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 6403. The county elections official shall examine all nomination papers left with him or her for examination and shall disregard and mark “not sufficient” the name of any voter of his or her county which does not appear in the same handwriting on an affidavit of registration in the office of the county elections official. He or she shall also disregard and mark “not sufficient” the name of any voter of his or her county who has not stated his or her intention to affiliate with the Republican Party. (Enacted by Stats. 1994, Ch. 920, Sec. 2.) - 6404. Verify source ↗
## Elections Code - ELEC ## DIVISION 6. PRESIDENTIAL ELECTIONS [6000 - 6954] ( Division 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PARTISAN PRESIDENTIAL PRIMARIES [6000 - 6884] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. Republican Presidential Primary [6300 - 6480] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 6. Arrangement and Examination of Nomination Papers [6400 - 6406] ( Article 6 enacted by Stats. 1994, Ch. 920, Sec. 2. )
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.
## Elections Code - ELEC ## DIVISION 6. PRESIDENTIAL ELECTIONS [6000 - 6954] ( Division 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PARTISAN PRESIDENTIAL PRIMARIES [6000 - 6884] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. Republican Presidential Primary [6300 - 6480] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 6. Arrangement and Examination of Nomination Papers [6400 - 6406] ( Article 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 6404. Within five days after any nomination papers are left with him or her for examination, the county elections official shall: (a) Examine and affix to them a certificate reciting that he or she has examined them and stating the number of names which have not been marked “not sufficient.” (b) Transmit the papers with the certificate of examination to the Secretary of State, who shall file the papers. (Enacted by Stats. 1994, Ch. 920, Sec. 2.) - 6405. Verify source ↗
## Elections Code - ELEC ## DIVISION 6. PRESIDENTIAL ELECTIONS [6000 - 6954] ( Division 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PARTISAN PRESIDENTIAL PRIMARIES [6000 - 6884] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. Republican Presidential Primary [6300 - 6480] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 6. Arrangement and Examination of Nomination Papers [6400 - 6406] ( Article 6 enacted by Stats. 1994, Ch. 920, Sec. 2. )
A county elections official must use a substantially specified certificate form when certifying nomination papers for a candidate in the ensuing presidential primary.
## Elections Code - ELEC ## DIVISION 6. PRESIDENTIAL ELECTIONS [6000 - 6954] ( Division 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PARTISAN PRESIDENTIAL PRIMARIES [6000 - 6884] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. Republican Presidential Primary [6300 - 6480] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 6. Arrangement and Examination of Nomination Papers [6400 - 6406] ( Article 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 6405. The county elections official’s certificate to nomination papers of a candidate shall be in substantially the following form: COUNTY ELECTION OFFICIAL’S CERTIFICATE TO NOMINATION PAPERS OF A CANDIDATE To the Secretary of State: I, County Elections Official of the County of _____________, hereby certify that I have examined the nomination papers, to which this certificate is attached, of the candidate for the ensuing presidential primary, and that the number of names which I have not marked “not sufficient” is ______________. The candidate named in the nomination papers is ______________. Dated this ____________ day of ____________, 20____. ________________________ , County Elections Official By____________________ , Deputy (Amended by Stats. 2018, Ch. 58, Sec. 4. (AB 3259) Effective January 1, 2019.) - 6406. Verify source ↗
## Elections Code - ELEC ## DIVISION 6. PRESIDENTIAL ELECTIONS [6000 - 6954] ( Division 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PARTISAN PRESIDENTIAL PRIMARIES [6000 - 6884] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. Republican Presidential Primary [6300 - 6480] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 6. Arrangement and Examination of Nomination Papers [6400 - 6406] ( Article 6 enacted by Stats. 1994, Ch. 920, Sec. 2. )
A person to be voted for at a presidential primary does not have to pay a filing fee.
## Elections Code - ELEC ## DIVISION 6. PRESIDENTIAL ELECTIONS [6000 - 6954] ( Division 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PARTISAN PRESIDENTIAL PRIMARIES [6000 - 6884] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. Republican Presidential Primary [6300 - 6480] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 6. Arrangement and Examination of Nomination Papers [6400 - 6406] ( Article 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 6406. No filing fee is required from any person to be voted for at a presidential primary. (Enacted by Stats. 1994, Ch. 920, Sec. 2.) - 6420. Verify source ↗
## Elections Code - ELEC ## DIVISION 6. PRESIDENTIAL ELECTIONS [6000 - 6954] ( Division 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PARTISAN PRESIDENTIAL PRIMARIES [6000 - 6884] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. Republican Presidential Primary [6300 - 6480] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 7. Canvass of Returns. Certificate of Election [6420 - 6422] ( Article 7 enacted by Stats. 1994, Ch. 920, Sec. 2. )
The Secretary of State must file a compiled statement of the canvassed returns within 32 days after the election.
## Elections Code - ELEC ## DIVISION 6. PRESIDENTIAL ELECTIONS [6000 - 6954] ( Division 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PARTISAN PRESIDENTIAL PRIMARIES [6000 - 6884] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. Republican Presidential Primary [6300 - 6480] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 7. Canvass of Returns. Certificate of Election [6420 - 6422] ( Article 7 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 6420. The Secretary of State shall, not later than the 32nd day after the election, compile and file in his or her office a statement of the canvassed returns filed with him or her by the county elections officials. The compiled statement shall show for each candidate the total of the votes received and the votes received in each county. (Amended by Stats. 2000, Ch. 55, Sec. 3. Effective January 1, 2001.) - 6421. Verify source ↗
## Elections Code - ELEC ## DIVISION 6. PRESIDENTIAL ELECTIONS [6000 - 6954] ( Division 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PARTISAN PRESIDENTIAL PRIMARIES [6000 - 6884] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. Republican Presidential Primary [6300 - 6480] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 7. Canvass of Returns. Certificate of Election [6420 - 6422] ( Article 7 enacted by Stats. 1994, Ch. 920, Sec. 2. )
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.
## Elections Code - ELEC ## DIVISION 6. PRESIDENTIAL ELECTIONS [6000 - 6954] ( Division 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PARTISAN PRESIDENTIAL PRIMARIES [6000 - 6884] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. Republican Presidential Primary [6300 - 6480] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 7. Canvass of Returns. Certificate of Election [6420 - 6422] ( Article 7 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 6421. The Secretary of State shall, not later than the 32nd day after the election, issue a certificate of election to the candidate who received the largest vote cast of that party, that person thereby being the party’s presidential nominee candidate from California. (Amended by Stats. 2000, Ch. 55, Sec. 4. Effective January 1, 2001.) - 6422. Verify source ↗
## Elections Code - ELEC ## DIVISION 6. PRESIDENTIAL ELECTIONS [6000 - 6954] ( Division 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PARTISAN PRESIDENTIAL PRIMARIES [6000 - 6884] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. Republican Presidential Primary [6300 - 6480] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 7. Canvass of Returns. Certificate of Election [6420 - 6422] ( Article 7 enacted by Stats. 1994, Ch. 920, Sec. 2. )
The Secretary of State must issue a certification to each person selected as a delegate by the 32nd day after the election.
## Elections Code - ELEC ## DIVISION 6. PRESIDENTIAL ELECTIONS [6000 - 6954] ( Division 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PARTISAN PRESIDENTIAL PRIMARIES [6000 - 6884] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. Republican Presidential Primary [6300 - 6480] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 7. Canvass of Returns. Certificate of Election [6420 - 6422] ( Article 7 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 6422. The Secretary of State shall, not later than the 32nd day after the election, issue a certification to each person selected as a delegate. (Amended by Stats. 2000, Ch. 55, Sec. 5. Effective January 1, 2001.) - 6440. Verify source ↗
## Elections Code - ELEC ## DIVISION 6. PRESIDENTIAL ELECTIONS [6000 - 6954] ( Division 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PARTISAN PRESIDENTIAL PRIMARIES [6000 - 6884] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. Republican Presidential Primary [6300 - 6480] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 8. Write-in Candidates [6440 - 6443] ( Article 8 enacted by Stats. 1994, Ch. 920, Sec. 2. )
A space must be provided on the presidential primary ballot for an elector to write in a candidate for President of the United States.
## Elections Code - ELEC ## DIVISION 6. PRESIDENTIAL ELECTIONS [6000 - 6954] ( Division 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PARTISAN PRESIDENTIAL PRIMARIES [6000 - 6884] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. Republican Presidential Primary [6300 - 6480] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 8. Write-in Candidates [6440 - 6443] ( Article 8 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 6440. Notwithstanding any other provision of law, a space shall be provided on the presidential primary ballot for an elector to write in the name of a candidate for President of the United States. (Enacted by Stats. 1994, Ch. 920, Sec. 2.) - 6441. Verify source ↗
## Elections Code - ELEC ## DIVISION 6. PRESIDENTIAL ELECTIONS [6000 - 6954] ( Division 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PARTISAN PRESIDENTIAL PRIMARIES [6000 - 6884] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. Republican Presidential Primary [6300 - 6480] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 8. Write-in Candidates [6440 - 6443] ( Article 8 enacted by Stats. 1994, Ch. 920, Sec. 2. )
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.
## Elections Code - ELEC ## DIVISION 6. PRESIDENTIAL ELECTIONS [6000 - 6954] ( Division 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PARTISAN PRESIDENTIAL PRIMARIES [6000 - 6884] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. Republican Presidential Primary [6300 - 6480] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 8. Write-in Candidates [6440 - 6443] ( Article 8 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 6441. Any person who believes his or her name may be used as a write-in candidate for President of the United States shall, not later than 21 days before the primary election, file his or her endorsement of his or her write-in candidacy with the Secretary of State, or no votes shall be counted for him or her. (Enacted by Stats. 1994, Ch. 920, Sec. 2.) - 6442. Verify source ↗
## Elections Code - ELEC ## DIVISION 6. PRESIDENTIAL ELECTIONS [6000 - 6954] ( Division 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PARTISAN PRESIDENTIAL PRIMARIES [6000 - 6884] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. Republican Presidential Primary [6300 - 6480] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 8. Write-in Candidates [6440 - 6443] ( Article 8 enacted by Stats. 1994, Ch. 920, Sec. 2. )
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.
## Elections Code - ELEC ## DIVISION 6. PRESIDENTIAL ELECTIONS [6000 - 6954] ( Division 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PARTISAN PRESIDENTIAL PRIMARIES [6000 - 6884] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. Republican Presidential Primary [6300 - 6480] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 8. Write-in Candidates [6440 - 6443] ( Article 8 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 6442. Any person who receives, by write-in vote, a plurality of the votes cast for President of the United States shall, within 10 days after the primary election, file a list of delegates to the national convention of his or her political party with the Secretary of State in the manner prescribed in Section 6471. (Enacted by Stats. 1994, Ch. 920, Sec. 2.) - 6443. Verify source ↗
## Elections Code - ELEC ## DIVISION 6. PRESIDENTIAL ELECTIONS [6000 - 6954] ( Division 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PARTISAN PRESIDENTIAL PRIMARIES [6000 - 6884] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. Republican Presidential Primary [6300 - 6480] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 8. Write-in Candidates [6440 - 6443] ( Article 8 enacted by Stats. 1994, Ch. 920, Sec. 2. )
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.
## Elections Code - ELEC ## DIVISION 6. PRESIDENTIAL ELECTIONS [6000 - 6954] ( Division 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PARTISAN PRESIDENTIAL PRIMARIES [6000 - 6884] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. Republican Presidential Primary [6300 - 6480] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 8. Write-in Candidates [6440 - 6443] ( Article 8 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 6443. If the candidate fails to file a list of delegates, the state central committee of the party in whose primary the candidate received the plurality vote shall, within 10 days of the end of the 10-day period required in Section 6442, file a list of delegates with the Secretary of State. The delegation shall go to the convention unpledged to any candidate. (Enacted by Stats. 1994, Ch. 920, Sec. 2.) - 6460. Verify source ↗
## Elections Code - ELEC ## DIVISION 6. PRESIDENTIAL ELECTIONS [6000 - 6954] ( Division 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PARTISAN PRESIDENTIAL PRIMARIES [6000 - 6884] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. Republican Presidential Primary [6300 - 6480] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 9. Selection of Delegates [6460 - 6461] ( Article 9 enacted by Stats. 1994, Ch. 920, Sec. 2. )
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.
## Elections Code - ELEC ## DIVISION 6. PRESIDENTIAL ELECTIONS [6000 - 6954] ( Division 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PARTISAN PRESIDENTIAL PRIMARIES [6000 - 6884] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. Republican Presidential Primary [6300 - 6480] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 9. Selection of Delegates [6460 - 6461] ( Article 9 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 6460. Every candidate whether selected pursuant to Section 6340, or unselected as referred to in Section 6343, who wishes to have a delegation of electors pledged to his or her candidacy in accordance with the result of the presidential preference primary or who wishes to have an official California delegation at the Republican National Convention shall form a delegation in compliance with Section 6461. (Enacted by Stats. 1994, Ch. 920, Sec. 2.) - 6461. Verify source ↗
## Elections Code - ELEC ## DIVISION 6. PRESIDENTIAL ELECTIONS [6000 - 6954] ( Division 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PARTISAN PRESIDENTIAL PRIMARIES [6000 - 6884] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. Republican Presidential Primary [6300 - 6480] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 9. Selection of Delegates [6460 - 6461] ( Article 9 enacted by Stats. 1994, Ch. 920, Sec. 2. )
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.
## Elections Code - ELEC ## DIVISION 6. PRESIDENTIAL ELECTIONS [6000 - 6954] ( Division 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PARTISAN PRESIDENTIAL PRIMARIES [6000 - 6884] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. Republican Presidential Primary [6300 - 6480] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 9. Selection of Delegates [6460 - 6461] ( Article 9 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 6461. (a) The delegation of each candidate shall be composed as follows: (1) Seventy-eight percent of the delegation, or the nearest whole number thereto which provides for a total number of district delegates equal to at least three times the number of congressional districts within the state, shall be composed of three delegates selected for each congressional district. (2) The remainder of the delegation shall be composed of delegates selected at large from throughout the state. The names of the persons chosen as delegates shall be submitted to the Secretary of State, by the candidate or his or her designee, no later than 30 days before the presidential primary election for certification. (b) There shall be no more than one alternate per delegate. Alternates shall be appointed by the candidate or his or her designee and shall be appointed by congressional districts, the number per congressional district to be no less than three. Such alternates shall be submitted to the Secretary of State within 30 days after the primary for certification. (c) Each delegate to the Republican National Convention shall use his or her best efforts at the convention for the party’s presidential nominee candidate from California to whom the delegate has pledged support until the person is nominated for the office of President of the United States by the convention, receives less than 10 percent of the votes for nomination by the convention, releases the delegate from his or her obligation, or until two convention nominating ballots have been taken. Thereafter, each delegate shall be free to vote as he or she chooses, and no rule may be adopted by a delegation requiring the delegation to vote as a body or causing the vote of any delegate to go uncounted or unreported. (Enacted by Stats. 1994, Ch. 920, Sec. 2.) - 6480. Verify source ↗
## Elections Code - ELEC ## DIVISION 6. PRESIDENTIAL ELECTIONS [6000 - 6954] ( Division 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PARTISAN PRESIDENTIAL PRIMARIES [6000 - 6884] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. Republican Presidential Primary [6300 - 6480] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 10. Republican Presidential Primary Ballot [6480- 6480.] ( Article 10 enacted by Stats. 1994, Ch. 920, Sec. 2. )
The Republican primary presidential ballot must follow Chapter 2 of Division 13, with specific wording and formatting exceptions.
## Elections Code - ELEC ## DIVISION 6. PRESIDENTIAL ELECTIONS [6000 - 6954] ( Division 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PARTISAN PRESIDENTIAL PRIMARIES [6000 - 6884] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. Republican Presidential Primary [6300 - 6480] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 10. Republican Presidential Primary Ballot [6480- 6480.] ( Article 10 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 6480. The format of the presidential portion of the Republican primary ballot shall be governed by Chapter 2 (commencing with Section 13100) of Division 13, with the following exceptions: (a) Instructions to voters shall exclude any reference to groups of candidates preferring a person whose name appears on the ballot or references to any group of candidates not expressing a preference for a particular candidate. (b) In place of the heading: “for delegates to national convention. Vote for One Group Only.” shall appear the heading: “presidential preference. Vote for One.” (c) Candidates for President shall be listed on the ballot in the same order provided for in Chapter 2 (commencing with Section 13100) of Division 13 for statewide candidates. (d) Only the names of selected and unselected presidential candidates shall appear on the ballot in the spaces provided. No reference shall be made to their being preferred by candidates for delegates to the national convention. (Enacted by Stats. 1994, Ch. 920, Sec. 2.) - 6500. Verify source ↗
## Elections Code - ELEC ## DIVISION 6. PRESIDENTIAL ELECTIONS [6000 - 6954] ( Division 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PARTISAN PRESIDENTIAL PRIMARIES [6000 - 6884] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 3. American Independent Party Presidential Primary [6500 - 6647] ( Chapter 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 1. General Provisions [6500 - 6502] ( Article 1 enacted by Stats. 1994, Ch. 920, Sec. 2. )
This chapter applies only to the American Independent Party presidential primary ballot.
## Elections Code - ELEC ## DIVISION 6. PRESIDENTIAL ELECTIONS [6000 - 6954] ( Division 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PARTISAN PRESIDENTIAL PRIMARIES [6000 - 6884] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 3. American Independent Party Presidential Primary [6500 - 6647] ( Chapter 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 1. General Provisions [6500 - 6502] ( Article 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 6500. This chapter shall be applicable to the presidential primary ballot of the American Independent Party only. (Enacted by Stats. 1994, Ch. 920, Sec. 2.) - 6501. Verify source ↗
## Elections Code - ELEC ## DIVISION 6. PRESIDENTIAL ELECTIONS [6000 - 6954] ( Division 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PARTISAN PRESIDENTIAL PRIMARIES [6000 - 6884] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 3. American Independent Party Presidential Primary [6500 - 6647] ( Chapter 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 1. General Provisions [6500 - 6502] ( Article 1 enacted by Stats. 1994, Ch. 920, Sec. 2. )
The presidential primary ballot must be split into a presidential preference portion and a delegate selection portion.
## Elections Code - ELEC ## DIVISION 6. PRESIDENTIAL ELECTIONS [6000 - 6954] ( Division 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PARTISAN PRESIDENTIAL PRIMARIES [6000 - 6884] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 3. American Independent Party Presidential Primary [6500 - 6647] ( Chapter 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 1. General Provisions [6500 - 6502] ( Article 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 6501. The presidential primary ballot shall be divided into a presidential preference portion and a delegate selection portion. (Enacted by Stats. 1994, Ch. 920, Sec. 2.) - 6502. Verify source ↗
## Elections Code - ELEC ## DIVISION 6. PRESIDENTIAL ELECTIONS [6000 - 6954] ( Division 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PARTISAN PRESIDENTIAL PRIMARIES [6000 - 6884] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 3. American Independent Party Presidential Primary [6500 - 6647] ( Chapter 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 1. General Provisions [6500 - 6502] ( Article 1 enacted by Stats. 1994, Ch. 920, Sec. 2. )
No filing fee is required for a person who will be voted on at a presidential primary.
## Elections Code - ELEC ## DIVISION 6. PRESIDENTIAL ELECTIONS [6000 - 6954] ( Division 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PARTISAN PRESIDENTIAL PRIMARIES [6000 - 6884] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 3. American Independent Party Presidential Primary [6500 - 6647] ( Chapter 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 1. General Provisions [6500 - 6502] ( Article 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 6502. No filing fee is required from any person to be voted for at any presidential primary. (Enacted by Stats. 1994, Ch. 920, Sec. 2.) - 6520. Verify source ↗
## Elections Code - ELEC ## DIVISION 6. PRESIDENTIAL ELECTIONS [6000 - 6954] ( Division 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PARTISAN PRESIDENTIAL PRIMARIES [6000 - 6884] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 3. American Independent Party Presidential Primary [6500 - 6647] ( Chapter 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 2. Qualification of Candidates for Presidential Preference Portion of Primary Ballot [6520 - 6524] ( Article 2 enacted by Stats. 1994, Ch. 920, Sec. 2. )
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.
## Elections Code - ELEC ## DIVISION 6. PRESIDENTIAL ELECTIONS [6000 - 6954] ( Division 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PARTISAN PRESIDENTIAL PRIMARIES [6000 - 6884] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 3. American Independent Party Presidential Primary [6500 - 6647] ( Chapter 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 2. Qualification of Candidates for Presidential Preference Portion of Primary Ballot [6520 - 6524] ( Article 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 6520. (a) The Secretary of State shall place the name of a candidate upon the American Independent Party presidential preference ballot when the Secretary of State has determined that the candidate is generally advocated for or recognized in the news media throughout the United States or California as actively seeking the nomination of the American Independent Party for President of the United States. (b) On or before the 88th day preceding a presidential primary election, the Secretary of State shall publicly announce and distribute to the news media for publication a list of the candidates the Secretary of State intends to place on the ballot at the following presidential primary election. Following this announcement the Secretary of State may add candidates to the Secretary of State’s selection, but the Secretary of State may not delete any candidate whose name appears on the announced list. (Amended by Stats. 2019, Ch. 149, Sec. 11. (SB 505) Effective July 30, 2019.) - 6521. Verify source ↗
## Elections Code - ELEC ## DIVISION 6. PRESIDENTIAL ELECTIONS [6000 - 6954] ( Division 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PARTISAN PRESIDENTIAL PRIMARIES [6000 - 6884] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 3. American Independent Party Presidential Primary [6500 - 6647] ( Chapter 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 2. Qualification of Candidates for Presidential Preference Portion of Primary Ballot [6520 - 6524] ( Article 2 enacted by Stats. 1994, Ch. 920, Sec. 2. )
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.
## Elections Code - ELEC ## DIVISION 6. PRESIDENTIAL ELECTIONS [6000 - 6954] ( Division 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PARTISAN PRESIDENTIAL PRIMARIES [6000 - 6884] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 3. American Independent Party Presidential Primary [6500 - 6647] ( Chapter 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 2. Qualification of Candidates for Presidential Preference Portion of Primary Ballot [6520 - 6524] ( Article 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 6521. When the Secretary of State decides to place the name of a candidate on the ballot pursuant to Section 6520, he or she shall notify the candidate that his or her name will appear on the ballot of this state in the presidential primary. The Secretary of State shall also notify the candidate that he or she may withdraw his or her name from the ballot by filing with the Secretary of State an affidavit pursuant to Section 6522, no later than the 68th day before that election. (Amended by Stats. 1999, Ch. 312, Sec. 10. Effective January 1, 2000.) - 6522. Verify source ↗
## Elections Code - ELEC ## DIVISION 6. PRESIDENTIAL ELECTIONS [6000 - 6954] ( Division 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PARTISAN PRESIDENTIAL PRIMARIES [6000 - 6884] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 3. American Independent Party Presidential Primary [6500 - 6647] ( Chapter 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 2. Qualification of Candidates for Presidential Preference Portion of Primary Ballot [6520 - 6524] ( Article 2 enacted by Stats. 1994, Ch. 920, Sec. 2. )
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.
## Elections Code - ELEC ## DIVISION 6. PRESIDENTIAL ELECTIONS [6000 - 6954] ( Division 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PARTISAN PRESIDENTIAL PRIMARIES [6000 - 6884] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 3. American Independent Party Presidential Primary [6500 - 6647] ( Chapter 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 2. Qualification of Candidates for Presidential Preference Portion of Primary Ballot [6520 - 6524] ( Article 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 6522. If a selected candidate or an unselected candidate files with the Secretary of State, no later than the 68th day before the presidential primary, an affidavit stating without qualification that he or she is not now a candidate for the office of President of the United States at the forthcoming presidential primary election, his or her name shall be omitted from the list of names certified by the Secretary of State to the county elections officials for the ballot and his or her name shall not appear on the presidential preference portion of the primary ballot. (Amended by Stats. 1999, Ch. 312, Sec. 11. Effective January 1, 2000.) - 6523. Verify source ↗
## Elections Code - ELEC ## DIVISION 6. PRESIDENTIAL ELECTIONS [6000 - 6954] ( Division 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PARTISAN PRESIDENTIAL PRIMARIES [6000 - 6884] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 3. American Independent Party Presidential Primary [6500 - 6647] ( Chapter 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 2. Qualification of Candidates for Presidential Preference Portion of Primary Ballot [6520 - 6524] ( Article 2 enacted by Stats. 1994, Ch. 920, Sec. 2. )
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.
## Elections Code - ELEC ## DIVISION 6. PRESIDENTIAL ELECTIONS [6000 - 6954] ( Division 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PARTISAN PRESIDENTIAL PRIMARIES [6000 - 6884] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 3. American Independent Party Presidential Primary [6500 - 6647] ( Chapter 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 2. Qualification of Candidates for Presidential Preference Portion of Primary Ballot [6520 - 6524] ( Article 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 6523. Any unselected candidate desiring to have his or her name placed on the presidential preference primary ballot without filing a group of candidates for delegates, shall have nomination papers circulated in his or her behalf. In order to qualify his or her name for placement on the presidential preference primary ballot, the candidate’s nomination papers shall be signed by voters registered as affiliated with the American Independent Party equal in number to not less than 1 percent of the number of persons registered as members of the American Independent Party as reflected in the report of registration issued by the Secretary of State on the 135th day preceding the presidential primary election. (Amended by Stats. 1998, Ch. 913, Sec. 20. Effective January 1, 1999.) - 6524. Verify source ↗
## Elections Code - ELEC ## DIVISION 6. PRESIDENTIAL ELECTIONS [6000 - 6954] ( Division 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PARTISAN PRESIDENTIAL PRIMARIES [6000 - 6884] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 3. American Independent Party Presidential Primary [6500 - 6647] ( Chapter 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 2. Qualification of Candidates for Presidential Preference Portion of Primary Ballot [6520 - 6524] ( Article 2 enacted by Stats. 1994, Ch. 920, Sec. 2. )
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.
## Elections Code - ELEC ## DIVISION 6. PRESIDENTIAL ELECTIONS [6000 - 6954] ( Division 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PARTISAN PRESIDENTIAL PRIMARIES [6000 - 6884] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 3. American Independent Party Presidential Primary [6500 - 6647] ( Chapter 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 2. Qualification of Candidates for Presidential Preference Portion of Primary Ballot [6520 - 6524] ( Article 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 6524. The name of any presidential candidate, to whom are pledged a group of candidates who have qualified by petition for the delegate selection portion of the presidential primary ballot, shall, in addition, be automatically placed on the presidential preference portion of the ballot, without the filing of a separate petition for the presidential preference portion of the ballot. (Enacted by Stats. 1994, Ch. 920, Sec. 2.) - 6540. Verify source ↗
## Elections Code - ELEC ## DIVISION 6. PRESIDENTIAL ELECTIONS [6000 - 6954] ( Division 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PARTISAN PRESIDENTIAL PRIMARIES [6000 - 6884] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 3. American Independent Party Presidential Primary [6500 - 6647] ( Chapter 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 3. Determination of Number of Delegates to National Convention [6540 - 6543] ( Article 3 enacted by Stats. 1994, Ch. 920, Sec. 2. )
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.
## Elections Code - ELEC ## DIVISION 6. PRESIDENTIAL ELECTIONS [6000 - 6954] ( Division 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PARTISAN PRESIDENTIAL PRIMARIES [6000 - 6884] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 3. American Independent Party Presidential Primary [6500 - 6647] ( Chapter 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 3. Determination of Number of Delegates to National Convention [6540 - 6543] ( Article 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 6540. The Chairperson of the State Central Committee of the American Independent Party shall notify the Secretary of State on or before the 120th day preceding the presidential primary as to the number of delegates to represent the state in the next national convention of his or her party. (Amended by Stats. 1998, Ch. 913, Sec. 21. Effective January 1, 1999.) - 6541. Verify source ↗
## Elections Code - ELEC ## DIVISION 6. PRESIDENTIAL ELECTIONS [6000 - 6954] ( Division 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PARTISAN PRESIDENTIAL PRIMARIES [6000 - 6884] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 3. American Independent Party Presidential Primary [6500 - 6647] ( Chapter 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 3. Determination of Number of Delegates to National Convention [6540 - 6543] ( Article 3 enacted by Stats. 1994, Ch. 920, Sec. 2. )
The party’s delegate count notification must be sent in substantially the listed form to the Secretary of State.
## Elections Code - ELEC ## DIVISION 6. PRESIDENTIAL ELECTIONS [6000 - 6954] ( Division 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PARTISAN PRESIDENTIAL PRIMARIES [6000 - 6884] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 3. American Independent Party Presidential Primary [6500 - 6647] ( Chapter 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 3. Determination of Number of Delegates to National Convention [6540 - 6543] ( Article 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 6541. The notification of the number of delegates shall be in substantially the following form: STATEMENT OF NUMBER OF DELEGATES TO AMERICAN INDEPENDENT PARTY NATIONAL CONVENTION To the Secretary of State Sacramento, California You are hereby notified that the number of delegates to represent the State of California in the next national convention of the American Independent Party is ____. Dated this ____ day of ____, 20__. Chairperson of the State Central Committee of the American Independent Party. (Amended by Stats. 2018, Ch. 58, Sec. 5. (AB 3259) Effective January 1, 2019.) - 6542. Verify source ↗
## Elections Code - ELEC ## DIVISION 6. PRESIDENTIAL ELECTIONS [6000 - 6954] ( Division 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PARTISAN PRESIDENTIAL PRIMARIES [6000 - 6884] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 3. American Independent Party Presidential Primary [6500 - 6647] ( Chapter 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 3. Determination of Number of Delegates to National Convention [6540 - 6543] ( Article 3 enacted by Stats. 1994, Ch. 920, Sec. 2. )
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.
## Elections Code - ELEC ## DIVISION 6. PRESIDENTIAL ELECTIONS [6000 - 6954] ( Division 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PARTISAN PRESIDENTIAL PRIMARIES [6000 - 6884] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 3. American Independent Party Presidential Primary [6500 - 6647] ( Chapter 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 3. Determination of Number of Delegates to National Convention [6540 - 6543] ( Article 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 6542. If the chairperson of the state central committee fails to file a notice as to the number of delegates, the Secretary of State shall ascertain the number from the call for the national convention issued by the national committee of the party. (Enacted by Stats. 1994, Ch. 920, Sec. 2.) - 6543. Verify source ↗
## Elections Code - ELEC ## DIVISION 6. PRESIDENTIAL ELECTIONS [6000 - 6954] ( Division 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PARTISAN PRESIDENTIAL PRIMARIES [6000 - 6884] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 3. American Independent Party Presidential Primary [6500 - 6647] ( Chapter 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 3. Determination of Number of Delegates to National Convention [6540 - 6543] ( Article 3 enacted by Stats. 1994, Ch. 920, Sec. 2. )
The Secretary of State must certify each county’s delegate number for the American Independent Party by the 110th day before the presidential primary.
## Elections Code - ELEC ## DIVISION 6. PRESIDENTIAL ELECTIONS [6000 - 6954] ( Division 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PARTISAN PRESIDENTIAL PRIMARIES [6000 - 6884] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 3. American Independent Party Presidential Primary [6500 - 6647] ( Chapter 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 3. Determination of Number of Delegates to National Convention [6540 - 6543] ( Article 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 6543. The Secretary of State shall, on or before the 110th day preceding the presidential primary, certify to the county elections official of each county the number of delegates to be elected by the American Independent Party. (Amended by Stats. 1998, Ch. 913, Sec. 22. Effective January 1, 1999.) - 6560. Verify source ↗
## Elections Code - ELEC ## DIVISION 6. PRESIDENTIAL ELECTIONS [6000 - 6954] ( Division 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PARTISAN PRESIDENTIAL PRIMARIES [6000 - 6884] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 3. American Independent Party Presidential Primary [6500 - 6647] ( Chapter 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 4. Qualification of Groups of Candidates for Delegate Selection Portion of Primary Ballot [6560 - 6568] ( Article 4 enacted by Stats. 1994, Ch. 920, Sec. 2. )
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.
## Elections Code - ELEC ## DIVISION 6. PRESIDENTIAL ELECTIONS [6000 - 6954] ( Division 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PARTISAN PRESIDENTIAL PRIMARIES [6000 - 6884] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 3. American Independent Party Presidential Primary [6500 - 6647] ( Chapter 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 4. Qualification of Groups of Candidates for Delegate Selection Portion of Primary Ballot [6560 - 6568] ( Article 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 6560. Any three or more voters of the state who are registered as intending to affiliate with the American Independent Party may join as a committee in proposing the nomination of a group of candidates for delegates. The committee may elect its officers, select the candidates for delegates, select the chairman of the committee, secure the endorsement of the person, if any, preferred by the committee as candidate for presidential nominee, appoint alternates, assemble and file all necessary papers, and take all other action which may be necessary for the organization and election of the group. The committee in performing its functions may act through its officers or designated representatives. (Amended by Stats. 1999, Ch. 790, Sec. 13. Effective January 1, 2000.) - 6561. Verify source ↗
## Elections Code - ELEC ## DIVISION 6. PRESIDENTIAL ELECTIONS [6000 - 6954] ( Division 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PARTISAN PRESIDENTIAL PRIMARIES [6000 - 6884] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 3. American Independent Party Presidential Primary [6500 - 6647] ( Chapter 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 4. Qualification of Groups of Candidates for Delegate Selection Portion of Primary Ballot [6560 - 6568] ( Article 4 enacted by Stats. 1994, Ch. 920, Sec. 2. )
The committee must file a statement with the Secretary of State by the 104th day before the presidential primary election.
## Elections Code - ELEC ## DIVISION 6. PRESIDENTIAL ELECTIONS [6000 - 6954] ( Division 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PARTISAN PRESIDENTIAL PRIMARIES [6000 - 6884] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 3. American Independent Party Presidential Primary [6500 - 6647] ( Chapter 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 4. Qualification of Groups of Candidates for Delegate Selection Portion of Primary Ballot [6560 - 6568] ( Article 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 6561. The committee, on or before the 104th day before the presidential primary election, shall file with the Secretary of State a statement containing the name of the committee and the names of its officers. (Enacted by Stats. 1994, Ch. 920, Sec. 2.) - 6562. Verify source ↗
## Elections Code - ELEC ## DIVISION 6. PRESIDENTIAL ELECTIONS [6000 - 6954] ( Division 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PARTISAN PRESIDENTIAL PRIMARIES [6000 - 6884] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 3. American Independent Party Presidential Primary [6500 - 6647] ( Chapter 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 4. Qualification of Groups of Candidates for Delegate Selection Portion of Primary Ballot [6560 - 6568] ( Article 4 enacted by Stats. 1994, Ch. 920, Sec. 2. )
A nomination paper must group a number of delegate candidates equal to the total number of delegates to be elected by the party.
## Elections Code - ELEC ## DIVISION 6. PRESIDENTIAL ELECTIONS [6000 - 6954] ( Division 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## PART 1. PARTISAN PRESIDENTIAL PRIMARIES [6000 - 6884] ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 3. American Independent Party Presidential Primary [6500 - 6647] ( Chapter 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 4. Qualification of Groups of Candidates for Delegate Selection Portion of Primary Ballot [6560 - 6568] ( Article 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 6562. The number of candidates for delegates grouped on a nomination paper shall be equal to the total number of delegates to be elected by the party. (Enacted by Stats. 1994, Ch. 920, Sec. 2.)
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