Elections Code, 1994

This section requires each group of candidates to be divided mainly between congressional-district candidates and a smaller at-large portion, and bars certification if the split is not followed.

No more than one alternate may be selected for each delegate, and alternates must be selected as Section 6563 requires.

A group of delegate candidates that wants to support a presidential nominee must have that nominee’s endorsement, and the endorsement must be filed with the Secretary of State before any nomination papers are circulated.

A candidate whose nomination paper is filed in more than one group cannot run as a member of any group.

A candidate for delegate to the American Independent Party convention must file an affidavit with the Secretary of State before the group’s nomination papers are circulated.

Nomination papers for delegate candidates must be signed by enough registered American Independent Party voters to equal at least 1% of the party’s registered members.

This article applies to nominations for the presidential preference portion of the primary ballot and to delegate slates for a particular candidate or with no stated preference.

Nomination papers must be left with the county elections official for examination at least 81 days before the presidential primary.

A signer of a presidential primary nomination paper may sign only one paper and must state support for the relevant candidate or delegate group, give a residence address, and provide a street number if there is one.

A nomination paper may be split into sections, and each section must include the candidate names and county name. Only county voters registered as intending to affiliate with the American Independent Party may sign.

Each section must have numbered signature lines and an attached circulator affidavit.

A verified nomination paper is treated as prima facie evidence that the signatures are genuine and that the signers are voters, unless that is disproved by comparison with registration affidavits kept by the elections official.

The nomination paper for a presidential preference candidate must follow the prescribed form.

This section requires the nomination paper for a group of delegates to follow a specified form and includes signer and circulator statements that must be completed.

Circulators may collect signatures for a candidate’s nomination paper only during the period that is more than 81 days and not more than 120 days before the presidential primary.

Elections officials and deputy elections officials may not serve as circulators, and circulators may not collect signatures within 100 feet of an election booth or polling place.

Verified nomination paper sections must be returned to the candidate, committee, or authorized representatives, and the circulated sections must be collected and left with the elections official for examination.

Before a nomination paper is filed, its sections must be numbered in order.

Counties may consolidate and fasten together properly assembled nomination papers.

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

Within five days after nomination papers are left for examination, the elections official must examine them and attach a certificate; then the Secretary of State must file the papers.

A county elections official must certify nomination papers for a candidate or group of candidates using substantially the stated form.

The Secretary of State must notify the relevant candidate or committee contact when enough signatures have been received, and must tell them that no more signatures will be accepted.

The American Independent Party presidential primary ballot must follow the general ballot-format rules, but with specific required heading, candidate-listing, and voter-instruction changes.

A person who thinks their name may be used as a write-in candidate for President must file an endorsement with the Secretary of State at least 21 days before the primary election.

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

The Secretary of State must issue a certificate of election by the 32nd day after the election to each eligible member of the party group with the largest vote.

A person who wins the delegate selection primary by write-in vote must file a list of delegates with the Secretary of State within 37 days after the primary election.

If a candidate does not file a delegate list, the party’s state central committee must file one with the Secretary of State within 10 days after the end of the Section 6642 37-day period, and the delegation goes to the convention unpledged to any candidate.

If delegates are elected for a preferred presidential candidate, they must meet before leaving the state and choose a chairperson for their delegation.

If certain delegates are elected without a preferred presidential candidate, their group chairperson becomes chairperson of the delegation. If that person cannot serve, the delegates must meet and choose a new chairperson under Section 6644.

If there is a vacancy in the office of a delegate or alternate, the delegation chairperson must designate someone to fill it.

An alternate must attend the convention for a delegate who cannot attend, must carry out that delegate’s duties, and may not vote for the delegate while the delegate is occupying the seat.

This chapter applies only to the Peace and Freedom Party’s presidential primary ballot.

The Peace and Freedom Party presidential primary ballot must be split into two parts: a presidential preference portion and a national convention delegate selection portion.

No filing fee is required for anyone to be voted for at a Peace and Freedom Party presidential primary.

The Secretary of State must place a candidate on the Peace and Freedom Party presidential preference ballot if the Secretary of State determines the candidate is generally advocated for or recognized as actively seeking that party’s presidential nomination.

The Secretary of State must mail a notice to certain Peace and Freedom Party committee chairpersons on or before 120 days before a presidential primary election.

The Secretary of State must announce and distribute a candidate list by the 88th day before a presidential primary, may add candidates after that announcement, may not delete listed candidates, and must mail the list and later additions to the named party committee chairs.

If the Secretary of State places a candidate on the ballot, the Secretary of State must notify the candidate about the ballot listing and the steps needed for the candidate’s name to appear on the delegate selection portion; the candidate may withdraw by filing an affidavit no later than 68 days before the election.

If a selected or unselected candidate files the required affidavit with the Secretary of State by the 68th day before the presidential primary, the candidate’s name must be left off the certified ballot list and must not appear on the presidential preference portion of the primary ballot.

An unselected candidate who wants placement on the presidential preference primary ballot must have nomination papers circulated and must meet a signature threshold from Peace and Freedom Party registrants.

If a pledged delegate candidate group qualifies by petition for the national convention delegate selection portion of the presidential primary ballot, the pledged presidential candidate is automatically placed on the presidential preference portion of the ballot.

The party committee chairperson must tell the Secretary of State, by the 120th day before the presidential primary, which national party the Peace and Freedom Party has affiliated with, the party office contact details, and how many delegates will represent the party at the next national convention.

If the Peace and Freedom Party of California gives this notification, it must use a substantially similar form addressed to the Secretary of State.

If the party chairperson does not file the required notice by the 120th day before the presidential primary, the Secretary of State must determine the party’s national affiliation and delegate count.

The Secretary of State must certify specified presidential-primary information to each county elections official by the 110th day before the presidential primary.

The chapter’s north–south boundary is the latitudinal line matching the northern boundaries of San Luis Obispo, Kern, and San Bernardino Counties.

Each territory’s share of delegate candidates must be set in proportion to the territory’s share of registered Peace and Freedom Party voters.

Five or more state voters registered with the Peace and Freedom Party may form a committee to propose delegates, and that committee may handle the organizing and filing tasks needed for the group.

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

The number of delegate candidates listed together on a nomination paper must match the total number of delegates the Peace and Freedom Party is electing.

Grouped candidates must be selected so the northern and southern delegate shares are proportional to the Party’s registered voters in each territory; otherwise the Secretary of State must not certify the names.

No more than one alternate may be selected for each delegate, and alternates must be selected under Section 6763’s procedure.

A delegate candidate group that wants to support a particular presidential nominee must have that nominee’s endorsement, and the endorsement must be filed with the Secretary of State before any nomination papers are circulated.

A delegate candidate who files a nomination paper in more than one group is disqualified from running in any group.

Each Peace and Freedom Party delegate candidate must file a declaration with the Secretary of State before the group’s nomination papers are circulated.

A candidate for delegate must use a declaration that follows the prescribed form.

Nomination papers for delegate candidates must be signed by Peace and Freedom Party–registered voters, and the signatures must reach at least 1% of the party’s registered members.

This article applies to nominations for the presidential preference portion of the primary ballot and to nomination of delegate slates, including slates pledged to a candidate or not expressing a preference.

Nomination papers must be left with the county elections official for examination at least 81 days before the presidential primary.

A signer of a presidential primary nomination paper may sign only one paper and must add a printed name and residence details.

Nomination papers may be split into sections, and each section must identify the candidate or delegate group, include any stated presidential nominee preference, and name the county where it is circulated. Only county voters registered with the Peace and Freedom Party may sign.

Each section must be prepared with numbered signature lines and attached circulator declaration that complies with Section 104; no other declaration is required.

A verified nomination paper counts as prima facie evidence that the signatures are genuine and that the signers are registered voters affiliated with the Peace and Freedom Party, unless disproved by comparing the signatures with registration affidavits kept by the elections official.

The nomination paper for a presidential preference candidate must be in substantially the prescribed form.

A nomination paper for Peace and Freedom Party delegate candidates must follow the specified form, including signer and circulator statements.

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

Verified nomination paper sections must be returned to the candidate, committee, or authorized representatives, and all sections circulated in a county must be collected and left with the elections official for examination.

Before filing, the sections of a nomination paper for any candidate or group of candidates must be numbered in order.

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

The elections official must review nomination papers and mark certain voter names “not sufficient” if they do not match the required registration record or if the voter is not registered with the Peace and Freedom Party.

After nomination papers are left for examination, the elections official must examine them, certify the results, and send them to the Secretary of State within five days; the Secretary of State must then file the papers.

A county elections official must use a certificate for nomination papers that is substantially in the statutory form.

The Secretary of State must notify the relevant candidate, representative, or committee chairperson when enough signatures have been received, and must tell them no more signatures will be accepted.

After nomination papers are filed, the presidential preference primary candidate or slate of delegate candidates is to be voted on, and delegate-candidate names are not to be printed on the ballot.

For the presidential primary election, the Peace and Freedom Party ballot must follow Chapter 2 of Division 13, except for the specific heading, candidate-listing, and voter-instruction changes listed here.

A person who may be used as a write-in candidate for President must file an endorsement with the Secretary of State at least 21 days before the primary election.

Delegate certification must be calculated by proportional vote, rounded to the nearest whole number, and adjusted so the total matches the state’s entitled delegate count.

The Secretary of State must send certain Peace and Freedom Party committee chairs a copy of the semiofficial canvass within three business days after the presidential primary.

Delegate candidates must meet or confer after the presidential primary, choose the certification order by majority vote, and have the chairperson certify that order to the Secretary of State within 28 days after the election.

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

The Secretary of State must issue and certify election results for delegates by the deadlines and ordering rules in this section.

A qualifying write-in vote recipient must file a delegate list with the Secretary of State within 37 days after the primary election.

If a write-in candidate does not file the delegate list under Section 6845, the party’s state central committee must file the list with the Secretary of State within 10 days after the 31-day period ends. Certified delegates must attend the convention without being pledged to any candidate.

Elected delegates may meet or confer before the convention if they want to, to choose a chairperson and fill delegate or alternate vacancies.

An alternate must attend the convention and perform the delegate’s duties if the delegate cannot attend, but may not vote for the delegate while the delegate is seated at the convention.

The Secretary of State must certify the final list of national convention delegates as soon as practicable.

This chapter applies only to the Green Party’s presidential preference primary ballot, and “Green Party” means the Green Party of California.

The Green Party presidential preference primary ballot must show California voters’ presidential preference, and national convention delegates must be selected under the Green Party’s bylaws and rules and the affiliated national party’s rules.

A filing fee may not be required from a person to be voted for in a Green Party presidential primary.

The Secretary of State must place a candidate’s name on the Green Party presidential preference primary ballot once the Secretary of State determines the candidate is generally recognized or advocated for as seeking that nomination.

The Secretary of State must mail a letter to the Green Party Liaison by the 120th day before a presidential primary election.

The Secretary of State must announce and distribute the intended presidential primary ballot list by the 88th day before the election, may add candidates after the announcement, may not delete listed candidates, and must mail the list and later additions to the Green Party Liaison.

When the Secretary of State decides to place a candidate on the ballot under Sections 6851 and 6852, the Secretary of State must notify the candidate that the candidate’s name will appear on the Green Party presidential preference primary ballot.

A selected or unselected candidate may remove their name from the presidential preference primary ballot by filing a qualifying affidavit with the Secretary of State no later than 68 days before the presidential primary election.

An unselected candidate must have nomination papers circulated to seek placement on the presidential preference primary ballot, and those papers must be signed by enough Green Party–preferring registered voters.

This article applies to nominating a Green Party candidate for the presidential preference primary ballot.

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 preference primary election.

A signer of a presidential preference primary nomination paper may sign only one paper and must add a printed name and residence details.

Nomination papers may be presented in sections; each section must name the presidential preference candidate and the county where it is circulated, and only county voters registered as preferring the Green Party may sign.

Each section must have numbered signature lines and an attached circulator declaration that meets Section 104; no other declaration is required.

A verified nomination paper counts as prima facie evidence that the signatures are genuine and that the signers are registered voters preferring the Green Party, unless disproved by signature comparison with registration affidavits.

This section gives the required form for a nomination paper for the Green Party presidential preference primary ballot and includes statements for the signer and circulator.

Circulators may obtain signatures for a candidate’s or group’s nomination paper only within a specific pre-primary window.

Before a nomination paper is filed, its sections must be numbered in order.

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

The elections official must review nomination papers and mark a voter’s name “not sufficient” if the name is not in the same handwriting as the registration affidavit or if the voter is not registered as preferring the Green Party.

After nomination papers are left for examination, the elections official must examine them, attach a certificate, and send the papers to the Secretary of State, who must file them.

This section gives the standard form for a county elections official’s certificate attached to a candidate’s nomination papers.

When enough signatures are received for a candidate’s presidential preference primary nomination, the Secretary of State must notify the candidate or the candidate’s authorized representative.

After nomination papers are filed, presidential preference primary candidates must be printed on the ballot.

For the Green Party presidential preference primary ballot, follow Division 13’s Chapter 2 format rules, but include the specified heading, candidate listing, and voter instructions.

A person who thinks their name may be used as a write-in candidate for President must file an endorsement with the Secretary of State at least 21 days before the presidential preference primary election.

The number of delegates selected after the presidential preference primary must match the number set by the Green Party’s affiliated national political party.

National convention delegates must be selected according to the Green Party’s bylaws, rules, and procedures, and the rules of the affiliated national political party.

The Green Party must nominate a required number of presidential electors, include an alternate elector for each one, keep the nominees balanced by gender, and have its liaison certify the names and residence addresses to the Secretary of State.

This chapter may be cited as the Presidential Tax Transparency and Accountability Act.

The Legislature states that disclosure of Presidential candidates’ tax returns is intended to help voters make informed choices and support enforcement against corruption-related misconduct.

This section defines “income tax return” for this chapter.

A presidential candidate must file recent federal income tax returns with the Secretary of State before being named on a primary ballot, and may need to submit a return copy within five days after filing it with the IRS.

Candidates must submit specified tax return copies and a signed consent form to the Secretary of State, and the Secretary of State must review, post, remove, retain, and eventually destroy the materials subject to stated timing and preservation exceptions.

This section defines “elector” and “presidential elector” for this chapter as an elector for President and Vice President of the United States, not the elector defined in Section 321.

When a political party submits a certified list of presidential electors and alternate electors, the Secretary of State must notify the candidates and place the presidential and vice presidential candidate names on the general election ballot.

Qualified political parties must notify the Secretary of State of their presidential and vice presidential nominees by the 75th day before the election.

In each leap-year general election, or at another time allowed by U.S. law, the state’s voters choose the number of presidential electors the state is entitled to.

The Governor must give the electors a list of elector names by the day they meet and must carry out other U.S.-law duties related to presidential electors.

Electors must assemble at the State Capitol at a set December time, unless an emergency makes that unsafe.

When the electors are convened, they must vote by ballot for a President and a Vice President, and at least one of those two candidates must be a nonresident of the state.

Presidential electors and alternate electors must be paid $10 for their services plus mileage, and the Secretary of State and Controller must certify, audit, and issue warrants for those payments.

This chapter may be cited as the Uniform Faithful Presidential Electors Act.

This section defines several terms used in this chapter, including “cast,” “elector,” “President,” “unaffiliated presidential candidate,” and “Vice President.”

A contesting political party or an unaffiliated presidential candidate must submit two qualified names to the Secretary of State for each elector position.

Certain presidential elector nominees must sign a pledge, and the pledge must be submitted with the nominee names to the Secretary of State.

The Governor must certify the state’s electors in the certificate of ascertainment and state that they serve unless a vacancy requires a substitute elector. If a substitute elector is appointed, the Governor must file an amended certificate listing the final electors.

The Secretary of State must preside over the elector meeting and appoint substitute electors to fill vacancies under the listed rules. A person who has not already made the required pledge must sign the substitute-elector pledge to qualify.

The Secretary of State must provide, receive, examine, and count presidential elector ballots under set conditions, and electors must complete and present their ballots properly.

If the final elector list changes after the vote, the Secretary of State must prepare an amended certificate of ascertainment, and the Governor must sign and deliver it. The Secretary of State must also prepare the certificate of vote, and the final electors must sign it.

When applying and interpreting this uniform act, consideration should be given to promoting uniformity among states that enact it.

California’s Legislature ratifies the multistate agreement to elect the President by national popular vote, as set out in Section 6921.

This section adopts the National Popular Vote agreement and requires member states to run a statewide popular election for President and Vice President, then appoint electors based on the national popular vote winner.

The Secretary of State must send each elections official a certified list of delegate candidates within three days after receiving the delegate candidate names from steering committee chairpersons.

The Secretary of State must send each elections official a certified list at least 68 days before the presidential primary.

The Secretary of State must prepare the certified candidate list in substantially the stated form.

At least 68 days before a presidential primary, the Secretary of State must send each elections official a certified list of delegate candidates who have filed nomination papers and are entitled to be voted for.

The Secretary of State must send each county elections official a certified list of certain presidential primary candidates at least 68 days before the primary.

Writing means a recorded message understandable by ordinary visual means. Notices, reports, statements, and records required or authorized by this code must be in writing in English unless the code says otherwise.

In this division, 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 disclosed under the cited sections.

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

This section requires certain Democratic Party election candidates or the state chairperson to designate presidential electors and alternate electors, and to file their names and addresses by the specified deadline.

County committees in counties with fewer than five Assembly districts must be elected by supervisor districts, and they must have at least 21 members.

In a fifth-class county, county central committee members are elected by Assembly district, with six members from each district, and each member must live in the county and the district they represent.

In Sacramento County, county central committee members are elected by supervisor district, with six members from each district. Members must live in the county and the district they represent, and county residents may vote only for candidates in their own supervisor district.

In Alameda County, county central committee members are elected by Assembly district, and only county residents may vote in the committee member election, only for candidates from the voter’s own Assembly district.

In counties with more than four and less than 20 Assembly districts, the county central committee must be elected from Assembly districts and have six members from each district.

In counties with 20 or more Assembly districts, the county central committee must have seven members elected from each Assembly district in the county.

In San Francisco, the county central committee is elected from the two Assembly districts, has 24 members total, and the district with more registered Democrats elects 14 members while the other elects 10.

A county central committee may choose by resolution to elect some or all members by individual districts, but members must live in the district they represent and districts must be reapportioned at least every 10 years.

Certain party nominees and officeholders are automatic members of each county committee, with voting rights and the same standing as other members.

Certain officeholders or nominees must serve as ex officio members of the county committee in the county where they live, and they get the same rights and privileges as other ex officio members under Section 7206.

A committee may let members appoint alternates, and alternates must meet the same qualifications and can vote only under the stated authorization and absence rules.

This section sets eligibility rules for election to a county central committee and requires certain filings and notices.

If a district elects fewer committee candidates than the number of committeepersons it is entitled to, the resulting vacancy or vacancies must be filled by that committee under Section 7212.

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

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

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

A committee may remove a member, except an ex officio member, if the member joins another party, campaigns against this party’s nominee, or supports a rival candidate.

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

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

The elections official must calculate how many committee members are assigned to each Assembly district or supervisor district.

A candidate for committee member appears on the county ballot only after filing a nomination paper signed by voters in the relevant Assembly or supervisorial district.

If there are no more nominated candidates than seats to be filled, the ballot must not print the office designation and candidate names, and the board of supervisors must declare the nominated candidates elected.

If a committee-election candidate dies on or before election day and enough ballots were cast for that candidate to have won, a vacancy arises on the county central committee.

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

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

The Department of General Services must allow any committee to meet in a state building in the county, and at least one committee meeting each month must be free of charge.

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

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

The committees must carry out other party-benefiting duties and services, and they remain in existence until the next presidential primary election or the Section 7230 selection and qualification of new committee members.

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

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

This part applies to the organization, operation, and function of the California Republican Party.

This section names certain Republican officeholders and leaders as presidential electors, bars some federal officeholders from serving, and requires alternate elector and filing steps.

The California Republican Party must keep a current copy of its standing rules and bylaws available for public inspection on the Internet.

This section says the California Republican Party’s standing rules and bylaws govern officer elections, officer terms, quorum rules, committee procedure, and adoption of the state party platform.

The state central committee must run party campaigns, appoint committees, appoint and employ campaign directors, and organize campaign structures it considers suitable for the party’s best interests.

The state central committee may limit county central committees from endorsing, supporting, or opposing certain candidates, and the superior court may issue restraining orders or injunctions if a county central committee violates the state central committee’s bylaws or rules.

In counties with fewer than five Assembly districts, the county central committee must be elected by supervisor districts.

In Sacramento County, the county central committee must be elected by supervisor districts and must have at least 31 members.

In Placer County, the county central committee must be elected by supervisor districts and have seven members elected from those districts.

In Santa Clara County, the county central committee must be elected by supervisor districts, and each district’s member count is calculated from vote totals with a minimum committee size of 23 members.

In San Bernardino County, the county central committee must be elected by supervisor districts, and the committee must have at least 30 members.

In counties with more than four and fewer than 20 Assembly districts, a county central committee must be elected from Assembly districts and have six members elected from each Assembly district.

In counties with 20 or more Assembly districts, the county central committee must have seven members elected from each Assembly district in the county.

This section sets how San Francisco’s county central committee is elected, how many members it has, how members are allocated between the two Assembly districts, who counts as a registered Republican for this section, and who may sign nomination papers for the 2012 primary.

This section makes certain party nominees ex officio members of each county central committee, gives them the same rights as other members, and limits one incumbent ballot designation right.

Nominees for certain listed offices are ex officio members of the county committee where they live.

A committee may let elected and ex officio members appoint alternates, and some ex officio officeholders may appoint one without committee authorization.

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

If a district does not elect enough committee members, the shortfall creates vacancies, and the committee must fill them under Section 7410.