citation: ELEC § 8106

text:
(a) Notwithstanding any other provision of this article, a candidate, or a person authorized by the candidate, may submit a petition containing signatures of registered voters in lieu of a filing fee as follows:

(1) For the office of California State Assembly, 1,000 signatures.

(2) For the office of California State Senate and the United States House of Representatives, 2,000 signatures.

(3) For candidates running for statewide office, 7,000 signatures.

(4) For all other offices for which a filing fee is required, if the number of registered voters in the district in which a candidate seeks nomination is 2,000 or more, the candidate may submit a petition containing three signatures of registered voters for each dollar of the filing fee, or 7 percent of the total of registered voters in the district in which the candidate seeks nomination, whichever is less.

(5) For all other offices for which a filing fee is required, if the number of registered voters in the district in which a candidate seeks nomination is less than 2,000, the candidate may submit a petition containing three signatures of registered voters for each dollar of the filing fee, or 14 percent of the total of registered voters in the district in which the candidate seeks nomination, whichever is less.

(6) A voter may sign both a candidate’s nomination papers and in-lieu-filing-fee petition. However, if signatures appearing on the documents are counted towards both the nomination paper and the in-lieu-filing-fee petition signature requirements, a person may only sign one of the documents.

(b) The Secretary of State or an elections official shall furnish to each candidate, upon request, and without charge, forms for securing signatures. The number of forms that the elections official shall furnish a candidate shall be a quantity that provides the candidates with spaces for signatures sufficient in number to equal the number of signatures that the candidate is required to secure pursuant to subdivision (a) if the candidate desires that number of forms. However, the elections official, rather than provide the candidate with the number of forms set forth in the preceding sentence, or upon the request of a candidate, may provide the candidate with a master form that may be duplicated by the candidate at the candidate’s expense for the purpose of circulating additional petitions. The Secretary of State shall provide the master form. The elections official may provide candidates a form other than the master form provided by the Secretary of State. However, that form shall meet all statutory requirements, and the elections official shall also make available and accept the master form provided by the Secretary of State. All forms shall be made available commencing 60 days before the first day for circulating nomination papers. However, in cases of vacancies for which a special election is authorized or required to be held to fill the vacancy, and where the prescribed nomination period would commence less than 60 days after the creation of the vacancy, the forms shall be made available within five working days after the creation of the vacancy. No other form except the form furnished by the Secretary of State or the elections official or forms duplicated from a master form shall be used to secure signatures. Each petition section shall bear an affidavit signed by the circulator, in substantially the same form as set forth in Section 8041. The substitution of signatures for fees shall be subject to all of the following:

(1) Any registered voter may sign an in-lieu-filing-fee petition for any candidate for whom the voter is eligible to vote.

(2) If a voter signs more candidates’ petitions than there are offices to be filled, the voter’s signatures shall be valid only on those petitions that, taken in the order they were filed, do not exceed the number of offices to be filled.

(3) In-lieu-filing-fee petitions shall be filed at least 30 days before the close of the nomination period. Within 10 days after receipt of a petition, the elections official shall notify the candidate of any deficiency. The candidate shall then, at the time of obtaining nomination forms, pay a pro rata portion of the filing fee to cover the deficiency.

(4) If the petition is circulated for an office in more than one county, the candidate shall submit the signatures to the elections official in the county for which the petition was circulated. The elections official shall, at least two days after verifying the signatures on the petition, notify the Secretary of State of the total number of valid signatures. If the number of signatures is insufficient, the Secretary of State shall notify the candidate and the elections officials of the fact. The candidate may submit the necessary number of valid signatures at least 30 days before the close of the period for circulating nomination papers. Each circulator shall meet the requirements of Section 102.

(5) Each candidate may submit a greater number of signatures to allow for subsequent losses due to invalidity of some signatures. The elections official shall not be required to determine the validity of a greater number of signatures than that required by this section.

(c) For purposes of this section, the requisite number of signatures shall be computed from the latest registration figures forwarded to the Secretary of State pursuant to Section 2187 before the first day on which petitions are available.

(d) All valid signatures obtained pursuant to this section shall be counted toward the number of voters required to sign a nomination paper in accordance with Section 8061 or 8405.

history: (History: Amended by Stats. 2019, Ch. 562, Sec. 4. (AB 1829) Effective January 1, 2020.)


kind: section

code: ELEC

text:
(a) Notwithstanding paragraph (3) of subdivision (b) of Section 8106, if the last day to file in-lieu-filing-fee petitions pursuant to that paragraph for a special election to fill a vacancy occurs before the vacancy begins, or before the Governor calls the special election by issuing a proclamation pursuant to Section 10700, the following apply:

(1) If the nomination period for the special election is 12 days or more, the in-lieu-filing-fee petitions shall be filed at least nine days before the close of the nomination period. Within three days after receipt of a petition, the elections official shall notify the candidate of any deficiency. The candidate shall then, at the time of obtaining nomination forms, pay a pro rata portion of the filing fee to cover the deficiency.

(2) If the nomination period for the special election is 11 days or less, the Secretary of State shall set the time for filing in-lieu-filing-fee petitions and the time by which the elections official shall notify the candidate of any deficiency. If there is a deficiency, the candidate shall, at the time of obtaining nomination forms, pay a pro rata portion of the filing fee to cover the deficiency.

(b) If the number of days for a candidate to collect signatures on a petition in lieu of a filing fee for a special election that is held to fill a vacancy is less than the number of days that a candidate would have to collect signatures on a petition for a regular election for the same office, the elections official shall reduce the required number of signatures for the petition, as specified in subdivision (a) of Section 8106, by the same proportion as the reduction in time for the candidate to collect signatures.

(c) Notwithstanding subdivision (b), the number of signatures required on an in-lieu-filing-fee petition for a special election held to fill a vacancy in the office of Representative in Congress, State Senator, or Member of the Assembly shall be not less than 100.

history: (History: Amended by Stats. 2019, Ch. 497, Sec. 104. (AB 991) Effective January 1, 2020.)

division: 8. NOMINATIONS

chapter: 1. Direct Primary

path: 8. NOMINATIONS > 1. Direct Primary > 6. Nomination Papers.  Place of Filing.  Fees


citation: ELEC § 8107

text:
The county elections official shall pay to the county treasurer all fees received from candidates pursuant to Section 8105. Within 10 days after the direct primary, the Secretary of State shall pay to the State Treasurer all fees received from candidates pursuant to Section 8103, which shall be deposited in the General Fund.

It is the intention of the Legislature that the funds deposited in the General Fund pursuant to this section will be used by the Secretary of State in the performance of his or her duties pursuant to Chapter 1 (commencing with Section 19000) of Division 19, to the extent that appropriations are made in the Budget Act from year to year.

history: (History: Enacted by Stats. 1994, Ch. 920, Sec. 2.)

article: 6. Nomination Papers.  Place of Filing.  Fees


citation: ELEC § 8120

text: At least 68 days before the direct primary, the Secretary of State shall transmit to each county elections official a certified list of candidates who are eligible to be voted for in his or her county at the direct primary.

article: 7. Certified List of Candidates

path: 8. NOMINATIONS > 1. Direct Primary > 7. Certified List of Candidates


citation: ELEC § 8121

text:
(a) Not less than five days before he or she transmits the certified list of candidates to the county elections officials, as provided in Section 8120, the Secretary of State shall notify each candidate for partisan office and voter-nominated office of the names, addresses, offices, occupations, and party preferences of all other persons who have filed for the same office.

(b) (1) Beginning not less than five days before he or she transmits the certified list of candidates to the county elections officials, as required by Section 8120, the Secretary of State shall post, in a conspicuous place on his or her Internet Web site, the party preference history of each candidate for voter-nominated office for the preceding 10 years, or for as long as he or she has been eligible to vote in the state if less than 10 years. The candidates’ party preference history shall be continuously posted until such time as the official canvass is completed for the general or special election at which a candidate is elected to the voter-nominated office sought, except that, in the case of a candidate who participated in the primary election and who was not nominated to participate in the general election, the candidate’s party preference history need not continue to be posted following the completion of the official canvass for the primary election in question.

(2) For purposes of this subdivision, “party preference history” also refers to the candidate’s history of party registration during the 10 years preceding the effective date of this section.

(3) The Secretary of State shall also conspicuously post on the same Internet Web site as that containing the candidates’ party preference history the notice specified by subdivision (b) of Section 9083.5.

history: (History: Amended by Stats. 2012, Ch. 3, Sec. 19. (AB 1413) Effective February 10, 2012.)

article: 7. Certified List of Candidates


citation: ELEC § 8122

text: The Secretary of State shall certify and transmit the list of candidates for nomination to each office according to Assembly districts, in the order of arrangement prescribed in Chapter 2 (commencing with Section 13100) of Division 13. In the case of each county containing more than one Assembly district, the Secretary of State shall transmit separate lists for each Assembly district.

article: 7. Certified List of Candidates


citation: ELEC § 8123

text: The Secretary of State, at the time he or she transmits the list of candidates to the county elections official, shall inform the county elections official of the address of each candidate.

article: 7. Certified List of Candidates


citation: ELEC § 8124

text:
The certified list of candidates sent to each county elections official by the Secretary of State shall show all of the following:

(a) The name of each candidate.

(b) The office for which each person is a candidate.

(c) With respect to candidates for partisan offices, the party each person represents.

(d) With respect to candidates for voter-nominated offices, the designation made by the candidate pursuant to Section 8002.5.

(e) If applicable, the ballot designation specified in accordance with Section 13107.

history: (History: Amended by Stats. 2012, Ch. 3, Sec. 20. (AB 1413) Effective February 10, 2012.)

article: 7. Certified List of Candidates


citation: ELEC § 8125

text: The certified list of candidates sent to each county elections official by the Secretary of State shall be in a form prescribed by the Secretary of State.

history: (History: Repealed and added by Stats. 2009, Ch. 1, Sec. 26. (SB 6) Effective January 1, 2010. Operative January 1, 2011, pursuant to Sec. 67 of Ch. 1.)

article: 7. Certified List of Candidates


citation: ELEC § 8140

text:
Any candidate for a nonpartisan office who at a primary election receives votes on a majority of all the ballots cast for candidates for that office shall be elected to that office. Where two or more candidates are to be elected to a given office and a greater number of candidates receive a majority than the number to be elected, those candidates shall be elected who secure the highest votes of those receiving a majority, and equal in number to the number to be elected.

Where a candidate has been elected to a nonpartisan office at the primary election, that office shall not appear on the ballot at the ensuing general election, notwithstanding the death, resignation, or other disqualification of the candidate at a time subsequent to the primary election.

article: 8. Nominated Candidates

path: 8. NOMINATIONS > 1. Direct Primary > 8. Nominated Candidates


citation: ELEC § 8141

text: If no candidate has been elected to a nonpartisan office pursuant to Section 8140 or if the number of candidates elected at the primary election is less than the total number to be elected to that office, then candidates for that office at the ensuing election shall be those candidates not elected at the primary who received the next highest number of votes cast for nomination to that office, equal in number to twice the number remaining to be elected to that office, or less, if the total number of candidates not elected is less.

article: 8. Nominated Candidates


text: Except as provided in subdivision (b) of Section 8142, only the candidates for a voter-nominated office who receive the highest or second highest number of votes cast at the primary election shall appear on the ballot as candidates for that office at the ensuing general election. More than one candidate with the same party preference designation may participate in the general election pursuant to this subdivision. Notwithstanding the designation made by the candidate pursuant to Section 8002.5, no candidate for a voter-nominated office shall be deemed to be the official nominee for that office of any political party, and no party is entitled to have a candidate with its party preference designation participate in the general election unless that candidate is one of the candidates receiving the highest or second highest number of votes cast at the primary election.

history: (History: Amended by Stats. 2012, Ch. 3, Sec. 21. (AB 1413) Effective February 10, 2012.)

article: 8. Nominated Candidates


citation: ELEC § 8142

text:
(a) In the case of a tie vote, nonpartisan candidates receiving the same number of votes shall be candidates at the ensuing general election if they qualify pursuant to Section 8141 whether or not there are more candidates at the general election than prescribed by this article. In no case shall the tie be determined by lot.

(b) In the case of a tie vote among candidates at a primary election for a voter-nominated office, the following applies:

(1) All candidates receiving the highest number of votes cast for any candidate shall be candidates at the ensuing general election whether or not there are more candidates at the general election than prescribed by this article.

(2) Notwithstanding Section 8141.5, if a tie vote among candidates results in more than one primary candidate qualifying for the general election pursuant to subdivision (a), candidates receiving fewer votes shall not be candidates at the general election, even if they receive the second highest number of votes cast.

(3) If only one candidate receives the highest number of votes cast but there is a tie vote among two or more candidates receiving the second highest number of votes cast, each of those second-place candidates shall be a candidate at the ensuing general election along with the candidate receiving the highest number of votes cast, regardless of whether there are more candidates at the general election than prescribed by this article.

(4) In no case shall the tie be determined by lot.

history: (History: Amended by Stats. 2012, Ch. 3, Sec. 22. (AB 1413) Effective February 10, 2012.)

article: 8. Nominated Candidates


citation: ELEC § 8143

text: If the number of candidates elected at a primary election to any nonpartisan office is less than the number of persons to be elected to that office, there shall be printed on the ballot, in a group, only the names of the other candidates receiving the next highest number of votes for nomination to that office as may equal twice the number of persons remaining to be elected to that office, or a smaller number if the list of candidates is exhausted. This group shall be preceded by the designation of the office and the words “vote for ____,” the blank being filled by a number equal to the number of persons remaining to be elected to that office.

article: 8. Nominated Candidates


citation: ELEC § 8144

text: The candidates for election to membership on the county central committee, equal in number to the number to be elected, receiving the highest number of votes in their supervisorial district or Assembly district, as the case may be, shall be declared elected.

article: 8. Nominated Candidates


citation: ELEC § 8145

text: It is the duty of the officers charged with the canvass of the returns of any primary election in any county or city to issue certificates of nomination to candidates nominated for nonpartisan offices voted for wholly within one county.

history: (History: Amended by Stats. 2012, Ch. 8, Sec. 14. (AB 1200) Effective March 8, 2012.)

article: 8. Nominated Candidates


citation: ELEC § 8146

text: Certificates of nomination or election issued by county or municipal officers shall be issued immediately upon the completion of the canvass of the returns at the primary election.

article: 8. Nominated Candidates


citation: ELEC § 8147

text: The Secretary of State shall issue certificates of nomination to candidates nominated for Representatives in Congress, Members of the State Senate and Assembly, members of the State Board of Equalization, and for all statewide offices.

article: 8. Nominated Candidates


text: Not less than 73 days, and not more than 90 days, before the general election, the Secretary of State shall notify each candidate for partisan office and voter-nominated office of the names, addresses, offices, ballot designations, and party preferences of all other persons whose names are to appear on the ballot for the same office at the general election.

history: (History: Added by Stats. 2013, Ch. 560, Sec. 7. (AB 1417) Effective January 1, 2014.)

article: 8. Nominated Candidates


citation: ELEC § 8148

text:
Not less than 68 days before the general election, the Secretary of State shall deliver to the appropriate county elections official a certificate showing:

(a) The name of every person entitled to receive votes within that county at the general election who has received the nomination as a candidate for public office pursuant to this chapter, the designation of the public office for which he or she has been nominated, and, if applicable, the ballot designation specified in accordance with Section 13107.

(b) For each nominee for a partisan office, the name of the party that has nominated him or her.

(c) For each nominee for a voter-nominated office, the designation made by the candidate pursuant to Section 8002.5.

history: (History: Amended by Stats. 2012, Ch. 3, Sec. 23. (AB 1413) Effective February 10, 2012.)

article: 8. Nominated Candidates


citation: ELEC § 8149

text: The Secretary of State shall certify and transmit the list of candidates for each office according to Assembly districts, in the order of arrangement prescribed by Chapter 2 (commencing with Section 13100) of Division 13. In the case of each county containing more than one Assembly district, he or she shall transmit separate lists for each Assembly district.

article: 8. Nominated Candidates


citation: ELEC § 8150

text: The certificate of the Secretary of State showing candidates nominated or selected at a primary election, and justices of the Supreme Court and courts of appeal to appear on the general elections ballot, shall be in a form prescribed by the Secretary of State.

history: (History: Amended by Stats. 2009, Ch. 1, Sec. 30. (SB 6) Effective January 1, 2010. Operative January 1, 2011, pursuant to Sec. 67 of Ch. 1.)

article: 8. Nominated Candidates


citation: ELEC § 8160

text: This chapter applies only to the June 2, 2026, statewide direct primary election.

history: (History: Added by Stats. 2025, Ch. 97, Sec. 1. (SB 280) Effective August 21, 2025. Repealed as of January 1, 2027, pursuant to Section 8166.)

path: 8. NOMINATIONS > 1.5. June 2, 2026, Statewide Direct Primary Election


citation: ELEC § 8161

text: For purposes of this chapter, “statewide direct primary election” means the June 2, 2026, statewide direct primary election.

chapter: 1.5. June 2, 2026, Statewide Direct Primary Election


citation: ELEC § 8162

text:
(a) Notwithstanding subdivision (b) of Section 8106, forms for securing signatures on an in-lieu-filing-fee petition shall be made available beginning December 19, 2025.

(b) Notwithstanding subdivision (a) of Section 8106, the elections official shall reduce the required number of signatures on an in-lieu-filing-fee petition by the same proportion as the reduction in the number of days for the candidate to collect signatures on such a petition compared to the number of days for a candidate to collect signatures on a petition, as provided by subdivision (b) of Section 8106.


citation: ELEC § 8163

text:
Not later than December 19, 2025, the Secretary of State shall determine whether it is feasible to include the number of voters, by party preferences, in each congressional district in the state in the statewide list compiled by the Secretary of State pursuant to subdivision (b) of Section 2187 with respect to all voters who are registered voters on the 154th day before the statewide direct primary election in accordance with paragraph (1) of subdivision (c) of Section 2187, and shall publicly announce that determination. If the Secretary of State determines that it is not feasible to include that information, all of the following apply:

(a) Notwithstanding paragraph (5) of subdivision (a) of Section 2187, the information provided by the county elections official pursuant to paragraph (1) of subdivision (c) of Section 2187 is not required to include the number of voters by political party preferences in congressional districts located in whole or in part within the county.

(b) Notwithstanding subdivision (b) of Section 2187, the statewide list compiled by the Secretary of State pursuant to that subdivision with respect to all voters who are registered voters on the 154th day before the statewide direct primary election shall not include the number of voters, by party preferences, in each congressional district in the state.

(c) (1) The Secretary of State shall prepare a supplemental statewide list showing the number of voters, by party preference, in the state and in each county, city, supervisorial district, Assembly district, Senate district, and congressional district in the state with respect to all voters who are registered voters on a date specified by the Secretary of State. The date specified by the Secretary of State shall be as soon as is feasible, as determined by the Secretary of State, but not later than the 88th day before the statewide direct primary election. The Secretary of State shall compile this list within 30 days of receiving the information specified in paragraph (2). A copy of this list shall be made available, upon request, to any elector in this state.

(2) For the purpose of preparing the supplemental statewide list required by paragraph (1), each county elections official shall prepare the information referenced in subdivision (a) of Section 2187 and provide notice to the Secretary of State by a date specified by the Secretary of State.


citation: ELEC § 8164

text: Not later than the date that forms for securing signatures on an in-lieu-filing-fee petition are made available in accordance with Section 8162, the Secretary of State shall prepare a calendar of key election dates and deadlines and requirements for the nomination and election of candidates pursuant to California law, including this chapter.


citation: ELEC § 8165

text:
(a) Notwithstanding paragraph (2) of subdivision (a) of Section 13107, a candidate for the office of Representative in Congress shall not choose the word “incumbent” as a designation to appear on the ballot. This subdivision shall not be construed to prevent a candidate from choosing a designation of the elective office which the candidate holds at the time of filing the nomination documents, to which the candidate was elected by vote of the people in accordance with paragraph (1) of subdivision (a) of Section 13107.

(b) (1) Section 8022, as it pertains to the office of Representative in Congress, shall not be operative.

(2) Notwithstanding Section 8020 or any other law, a person shall have until 5 p.m. on the 83rd day before the statewide direct primary election to file nomination documents for the office of Representative in Congress, if either of the following is true:

(A) No person who currently holds the office of Representative in Congress delivered nomination documents for that district by 5 p.m. on the 88th day before the statewide direct primary election.

(B) Every person who currently holds the office of Representative in Congress who delivered nomination documents for that district by 5 p.m. on the 88th day before the statewide direct primary election also withdrew those nomination documents before 5 p.m. on the 88th day before the statewide direct primary election.

(c) This section shall become operative only if Assembly Constitutional Amendment 8 of the 2025–26 Regular Session is approved by the voters and takes effect, and subdivision (b) of Section 4 of Article XXI of the California Constitution, as added by that constitutional amendment, becomes operative.


citation: ELEC § 8166

text: This chapter shall remain in effect only until January 1, 2027, and as of that date is repealed.

history: (History: Added by Stats. 2025, Ch. 97, Sec. 1. (SB 280) Effective August 21, 2025. Repealed as of January 1, 2027, by its own provisions. Note: Repeal affects Chapter 1.5, commencing with Section 8160.)


citation: ELEC § 8200

text: In any election at which two or more judges or justices of any court are to be voted for or elected for the same term, it shall be deemed that there are as many separate judicial offices to be filled as there are judges or justices of the court to be elected. Each separate office shall be designated by a distinguishing number not greater than the total number of the offices. The designation shall remain the same for all purposes of both primary and general election and shall be used on all nomination papers, certificates of nomination, ballots, certificates of election, and all election papers referring to the office. After election and the issuance of the certificates of election, the designating number shall have no further significance.

chapter: 2. Judicial Officers

article: 1. Distinguishing Number on Ballot

path: 8. NOMINATIONS > 2. Judicial Officers > 1. Distinguishing Number on Ballot


citation: ELEC § 8201

text:
(a) A declaration of candidacy for election or a nomination by the Governor, made pursuant to subdivision (d) of Section 16 of Article VI of the California Constitution, shall be filed with the officer charged with the duty of certifying nominations for publication in the official ballot.

(b) No candidate described in subdivision (a) shall be required to state his or her residential address on the declaration of candidacy. However, in cases where the candidate does not state his or her residential address on the declaration of candidacy, the elections official shall verify whether his or her address is within the appropriate political subdivision and add the notation “verified” where appropriate.

history: (History: Amended by Stats. 1998, Ch. 932, Sec. 30. Effective January 1, 1999.)

article: 1. Distinguishing Number on Ballot


citation: ELEC § 8202

text: The numerically designated offices shall be grouped and arranged on all ballots in numerical order. No person may be a candidate nor have his or her name printed upon any ballot as a candidate for any numerically designated office other than the one indicated by him or her in his or her declaration of intention to become a candidate.

history: (History: Amended by Stats. 2006, Ch. 466, Sec. 5. Effective January 1, 2007.)

article: 1. Distinguishing Number on Ballot


citation: ELEC § 8203

text:
(a) In any county in which only the incumbent has filed nomination papers for the office of superior court judge, his or her name shall not appear on the ballot unless there is filed with the elections official, within 10 days after the final date for filing nomination papers for the office, a petition indicating that a write-in campaign will be conducted for the office and signed by at least 0.1 percent of the registered voters qualified to vote with respect to the office, provided that the petition shall contain at least 100 signatures but need not contain more than 600 signatures.

(b) If a petition indicating that a write-in campaign will be conducted for the office at the general election, signed by the number of registered voters qualified to vote with respect to the office specified in subdivision (a), is filed with the elections official not less than 83 days before the general election, the name of the incumbent shall be placed on the general election ballot if it has not appeared on the direct primary election ballot.

(c) If, in conformity with this section, the name of the incumbent does not appear either on the primary ballot or general election ballot, the elections official, on the day of the general election, shall declare the incumbent reelected. Certificates of election specified in Section 15401 or 15504 shall not be issued to a person reelected pursuant to this section before the day of the general election.

history: (History: Amended by Stats. 2011, Ch. 214, Sec. 1. (AB 362) Effective January 1, 2012.)

article: 1. Distinguishing Number on Ballot


citation: ELEC § 8204

text:
(a) If an incumbent of a judicial office dies on or before the last day prescribed for the filing of nomination papers, or files a declaration of intention but for any reason fails to file his or her nomination papers by the last day prescribed for the filing of the papers, an additional five days shall be allowed for the filing of nomination papers for the office.

(b) Any person other than the person who was the incumbent, if otherwise qualified, may file nomination papers for the office during the extended period, notwithstanding that he or she has not filed a written and signed declaration of intention to become a candidate for the office as provided in Sections 8023 and 8201.

history: (History: Amended by Stats. 2006, Ch. 466, Sec. 6. Effective January 1, 2007.)

article: 1. Distinguishing Number on Ballot


citation: ELEC § 8220

text: The voters of any county may adopt subdivision (d) of Section 16 of Article VI of the Constitution of this state as applicable to the judge of the superior court of the county if a majority of the voters of the county, voting on the question of its adoption, vote in favor thereof.

path: 8. NOMINATIONS > 2. Judicial Officers > 2. Adoption of Subdivision (d) of Section 16 of Article VI of the California Constitution


citation: ELEC § 8221

text:
Subdivision (d) of Section 16 of Article VI may be adopted:

(a) In pursuance of an ordinance or resolution adopted by the board of supervisors of the county, declaring that the public interest requires the submission at an election of the proposal to adopt the provisions as applicable to the judge of the superior court of the county.

(b) In pursuance of a petition of voters of the county as provided in this article.

article: 2. Adoption of Subdivision (d) of Section 16 of Article VI of the California Constitution


citation: ELEC § 8222

text: The petition shall state the name and address of a person to whom notice of the insufficiency of the petition shall be sent in the event the petition has not the required number of signatures of voters signed thereto.


citation: ELEC § 8223

text: The petition shall be signed by 10 percent of the voters of the county, computed upon the total number of votes cast therein for all candidates for Governor at the last preceding gubernatorial election, and it shall pray for the adoption of the provisions as applicable to the judge of the superior court of the county. The petition shall be filed in the office of the county elections official.


citation: ELEC § 8224

text: Within 20 days after the filing of the petition, the county elections official shall examine it and ascertain from the record of the registration of the voters of the county whether the petition is signed by the requisite number. If needed by the county elections official, the board of supervisors shall authorize him or her to employ persons to assist him or her in the work of examining the petition, and the board shall provide for their compensation.


citation: ELEC § 8225

text: Upon the completion of his or her examination, the elections official shall forthwith attach to the petition his or her certificate, duly dated, showing the results of his or her examination. If the certificate shows that the petition is signed by the requisite number of voters, he or she shall immediately present the petition to the board of supervisors if it is in session, otherwise at its next meeting.


citation: ELEC § 8226

text: If it appears by the certificate that the petition has not the required number of signatures, the elections official shall so notify the person designated as the person to whom notification of the insufficiency of the petition is to be sent. The petitioners shall have 30 days from and after the date of receiving the notice of insufficiency to present and file a supplement bearing additional signatures. Upon the receipt of the supplement, the elections official shall proceed forthwith to examine it. He or she shall complete his or her examination within 10 days from the date of its receipt by him or her. If it appears that the additional signatures and those which have not been legally rejected upon the original petition total the requisite number, the county elections official shall forthwith attach to the petition his certificate, duly dated, showing that the petition has been signed by the requisite number of voters, and shall immediately present it to the board of supervisors if it is in session, otherwise at its next meeting.


citation: ELEC § 8227

text: Upon the adoption of the ordinance or resolution or the presentation of a petition, the board of supervisors shall submit the proposal to the voters at the next succeeding general election, presidential primary, or countywide special election, occurring subsequent to 90 days after the adoption of the ordinance or resolution or the presentation of the petition.


citation: ELEC § 8228

text: If the proposal is approved by a majority of the votes cast thereon, the board of supervisors shall file a certificate, signed by the chairman of the board and duly dated, with the Secretary of State, reciting that the proposal to adopt subdivision (d) of Section 16 of Article VI of the California Constitution as applicable to the judge of the superior court of the county was approved by a majority of the votes cast thereon at the election. Upon the filing of the certificate the provisions of subdivision (d) of Section 16 of the California Constitution shall thereupon be applicable to the judge of the superior court of that county, and effective as to all vacancies in the office occurring after the date of filing of the certificate.


citation: ELEC § 8300

text: A candidate for a partisan office, including that of presidential elector, may be nominated subsequent to, or by other means than, a primary election pursuant to this chapter. A candidate for nonpartisan office or for voter-nominated office may be nominated subsequent to, or by other means than, a primary election pursuant to this chapter only if a candidate was not nominated or elected at the primary election for that office.

history: (History: Amended by Stats. 2012, Ch. 3, Sec. 24. (AB 1413) Effective February 10, 2012.)

chapter: 1. General Provisions

path: 8. NOMINATIONS > 1. General Provisions


citation: ELEC § 8301

text: A candidate for whom a nomination paper has been filed as a partisan candidate at a primary election, and who is defeated for his or her party nomination at the primary election, is ineligible for nomination as an independent candidate.

history: (History: Enacted by Stats. 1994, Ch. 920, Sec. 2.)


citation: ELEC § 8302

text: For the purposes of this chapter, Chapter 1 (commencing with Section 8000) of Part 1, and Part 4 (commencing with Section 8800), so far as consistent with this chapter, shall apply to all offices for which nominations are made at the presidential primary and direct primary elections, as well as to elections for any other office to which those provisions would not ordinarily apply.


citation: ELEC § 8303

text: Whenever a group of candidates for presidential electors, equal in number to the number of presidential electors to which this state is entitled, files a nomination paper with the Secretary of State pursuant to this chapter, the nomination paper may contain the name of the candidate for President of the United States and the name of the candidate for Vice President of the United States for whom all of those candidates for presidential electors pledge themselves to vote.


citation: ELEC § 8304

text: When a group of candidates for presidential electors designates the presidential and vice presidential candidates for whom all of the group pledge themselves to vote, the names of the presidential candidate and vice presidential candidate designated by that group shall be printed on the ballot pursuant to Chapter 2 (commencing with Section 13100) of Division 13.


citation: ELEC § 8400

text: Nomination papers for a statewide office for which the candidate is to be nominated shall be signed by voters of the state equal to not less in number than 1 percent of the entire number of registered voters of the state at the time of the close of registration prior to the preceding general election. Nomination papers for an office, other than a statewide office, shall be signed by the voters of the area for which the candidate is to be nominated, not less in number than 3 percent of the entire number of registered voters in the area at the time of the close of registration prior to the preceding general election. Nomination papers for Representative in Congress, State Senator or Assembly Member, to be voted for at a special election to fill a vacancy, shall be signed by voters in the district not less in number than 500 or 1 percent of the entire vote cast in the area at the preceding general election, whichever is less, nor more than 1,000.

chapter: 3. Nomination Papers

path: 8. NOMINATIONS > 3. Nomination Papers


citation: ELEC § 8401

text:
(a) Upon receiving the nomination paper if, from the examination of such pursuant to Section 8400, more than 500 signatures have been signed on the nomination paper petition, the elections official may use a random sampling technique for verification of signatures. The random sample of signatures to be verified shall be drawn in such a manner that every signature filed with the elections official shall be given an equal opportunity to be included in the sample. The random sampling shall include an examination of at least 500 or 5 percent of the signatures, whichever is greater.

(b) If the statistical sampling shows that the number of valid signatures is within 90 to 110 percent of the number of signatures of qualified voters needed to declare the nomination paper sufficient, the elections official shall examine and verify each signature filed.

(c) In determining from the records of registration, what number of valid signatures are signed on the nomination paper, the elections official may check the signatures against facsimiles of voters’ signatures, provided that the method of preparing and displaying the facsimiles is permitted by law.

(d) The elections official shall attach to the nomination paper, a certificate showing the result of this examination, and shall notify the candidate of either the sufficiency or insufficiency of the nomination paper.

(e) If the nomination paper is found insufficient, no action shall be taken on the nomination paper. However, the failure to secure sufficient signatures, shall not preclude the submission later of an entirely new nomination paper to the same effect.

(f) If the nomination paper is found to be sufficient, the elections official shall certify the results of the examination.

history: (History: Amended by Stats. 2015, Ch. 728, Sec. 75. (AB 1020) Effective January 1, 2016. Operative September 26, 2016, when the Secretary of State issued the certification prescribed by Stats. 2015, Ch. 728, Sec. 88.)


citation: ELEC § 8402

text: When a nomination paper or sections of a nomination paper have been received which contain the number of valid signatures required in Section 8400, the officer with whom those papers are required to be left shall not accept additional sections of the nomination paper for the candidate named in it.


citation: ELEC § 8403

text:
(a) (1) Nomination papers shall be prepared, circulated, signed, and delivered to the county elections official for examination no earlier than 148 days before the election and no later than 5 p.m. 88 days before the election.

(2) For offices for which no filing fee is required, nomination papers shall be prepared, circulated, signed, and delivered to the county elections official for examination no earlier than 193 days before the election and no later than 5 p.m. 88 days before the election.

(b) All nomination documents that are required to be filed in the office of the Secretary of State shall, within 24 days after being left with the county elections official in compliance with paragraph (1) or (2) of subdivision (a), be forwarded by the county elections official to the Secretary of State, who shall receive and file them.

(c) If the total number of signatures submitted to a county elections official for an office entirely within that county does not equal the number of signatures needed to qualify the candidate, the county elections official shall declare the petition void and is not required to verify the signatures. If the district falls within two or more counties, the county elections official shall within two working days report in writing to the Secretary of State the total number of signatures submitted.

(d) If the Secretary of State finds that the total number of signatures submitted in the district or state is less than the minimum number required to qualify the candidate he or she shall within one working day notify in writing the counties involved that they need not verify the signatures.


citation: ELEC § 8404

text:
Each signer of a nomination paper shall sign but one paper for the same office, except that in case two or more persons are to be elected to the same office at the same election, an elector may sign the nomination papers of as many persons as there are persons to be elected to the office, and that act on the part of an elector shall not be deemed in conflict with the signer’s statement prescribed in this chapter.

The signer shall state his or her place of residence, giving his or her street and number, if any.


citation: ELEC § 8405

text:
Notwithstanding any other provision of law to the contrary, if an independent candidate submits an in-lieu-filing-fee petition pursuant to Section 8106, the county elections official, upon the request of the candidate, shall accept all valid signatures appearing on the candidate’s in-lieu-filing-fee petition toward the number of signatures required to be submitted on an in-lieu-filing-fee petition and on a nomination paper.

If the in-lieu-filing-fee petition does not contain the requisite number of signatures required under Section 8400, the candidate shall be entitled to file, within the time period allowed for filing nomination papers, a nomination paper in order to obtain the requisite number of valid signatures required to be submitted to the elections official pursuant to this chapter.


citation: ELEC § 8406

text: Any nomination paper may be presented in sections, but each section shall contain the name of the candidate and the name of the office for which the candidate is proposed for nomination. Each section shall bear the name of the county for which it is circulated.

history: (History: Amended by Stats. 2019, Ch. 562, Sec. 5. (AB 1829) Effective January 1, 2020.)


citation: ELEC § 8407

text: The affidavit of any circulator obtaining signatures under this chapter shall be verified free of charge by any officer authorized to administer oaths.


citation: ELEC § 8408

text: A verified nomination paper is prima facie evidence that the signatures to it are genuine and that the persons signing it are voters unless it is otherwise proven by comparison of the signatures with the affidavits of registration in the office of the county elections official.


citation: ELEC § 8409

text: Each candidate or group of candidates shall submit a nomination paper that shall be substantially in the following form:County of _______.Nomination paper of ______, candidate for the office of _______.State of CaliforniaCounty of ⎱ ⎰ss.SIGNER’S STATEMENTI, undersigned, am a voter of the County of ______, State of California. I hereby nominate __________, who resides at No. ______, ________ Street, City of ________, County of ______, State of California, as a candidate for the office of _______ to be voted for at the election to be held on the ______ day of ______, 20___. I have not signed the nomination paper of any other candidate for the same office. Number Signature Printed Name Residence 1. 2. 3. 4. 5. etc. CIRCULATOR’S AFFIDAVITI, ________, solemnly swear (or affirm) all of the following:1.That I am 18 years of age or older.2.That my residence address, including street and number, is . [If no street or number exists, a designation of my residence adequate to readily ascertain its location is .]3.That I secured signatures in the County of ______ to the nomination paper of ________ as candidate for the office of ______; that the signatures were obtained between _______, 20__, and ________, 20__; that I saw all the signatures on this section of the nomination paper being signed and that, to the best of my information and belief, each signature is the genuine signature of the person whose name it purports to be.(Signed) CirculatorSubscribed and sworn to before me this ______ day of ______, 20__.(SEAL)Notary Public (or other official)

history: (History: Amended by Stats. 2013, Ch. 278, Sec. 16. (SB 213) Effective January 1, 2014.)


citation: ELEC § 8451

text: Circulators shall meet the requirements of Section 102.

history: (History: Amended by Stats. 2013, Ch. 278, Sec. 17. (SB 213) Effective January 1, 2014.)

chapter: 4. Circulators

path: 8. NOMINATIONS > 4. Circulators


citation: ELEC § 8452

text: A county elections official or a deputy county elections official may not circulate nomination papers, and circulators shall not obtain signatures within 100 feet of any election booth or polling place. This section does not prohibit a county elections official or a deputy county elections official from circulating his or her own nomination papers.

history: (History: Amended by Stats. 2002, Ch. 228, Sec. 1. Effective January 1, 2003.)


citation: ELEC § 8454

text:
(a) Circulators obtaining signatures to the nomination paper of any candidate may, at any time not more than 148 nor less than 88 days prior to the election, obtain signatures to the nomination paper of the candidate.

(b) Circulators obtaining signatures to the nomination paper of any candidate for presidential elector may, at any time not more than 193 nor less than 88 days prior to the election, obtain signatures to the nomination paper of the candidate.

history: (History: Amended by Stats. 1999, Ch. 790, Sec. 40. Effective January 1, 2000.)


citation: ELEC § 8500

text: Each section of a nomination paper, after being verified, shall be returned by the circulator who circulated it to the candidate. All the sections circulated in any area shall be collected by the candidate and shall be arranged for filing and examination.

history: (History: Amended by Stats. 1999, Ch. 790, Sec. 41. Effective January 1, 2000.)

path: 8. NOMINATIONS > 5. Arrangement and Examination of Nomination Papers


citation: ELEC § 8501

text: For all nominations of candidates to be voted for in more than one county or throughout the state, the nomination papers, properly assembled, may be fastened together by counties, but in no case shall nomination papers signed by voters of different counties be fastened together.

chapter: 5. Arrangement and Examination of Nomination Papers


citation: ELEC § 8502

text: Nomination papers shall be left with the county elections official for examination and filed by him or her pursuant to the time limitations set forth in Section 8403.


citation: ELEC § 8503

text: The county elections official shall examine all nomination papers left with him or her for filing or for examination and shall disregard and mark “not sufficient” any name appearing on them which does not appear in the same handwriting on an affidavit of registration in his or her office made on or before the date when the name was signed.


citation: ELEC § 8504

text: Within 24 days after any nomination papers are left for examination, the county elections official shall examine them and prepare a certificate reciting that he or she has examined them, and stating the number of names which have not been marked “not sufficient.” The certificate shall be forwarded immediately to the Secretary of State for those offices that are certified by the Secretary of State.


citation: ELEC § 8550

text:
(a) At least 88 days prior to the election, each candidate shall leave with the officer with whom the candidate’s nomination papers are required to be left, a declaration of candidacy which states all of the following:

(1) The candidate’s residence, with street and number, if any.

(2) That the candidate is a voter in the precinct in which the candidate resides.

(3) The name of the office sought by the candidate.

(4) That the candidate will not withdraw as a candidate before the election.

(5) That, if elected, the candidate will qualify for the office.

(b) A declaration of candidacy described in subdivision (a) for the office of presidential elector shall be accompanied by a declaration of an individual who will serve as an alternate elector if the elector vacates the elector’s office. The accompanying declaration shall state that the individual is an alternate to the candidate for the office of presidential elector and shall contain the information described in paragraphs (1), (2), (4), and (5) of subdivision (a).

(c) The name of a candidate shall not be placed on the ballot unless the declaration of candidacy provided for in this section has been properly filed.

history: (History: Amended by Stats. 2022, Ch. 216, Sec. 13. (SB 103) Effective January 1, 2023.)

chapter: 6. Affidavit of Candidate

path: 8. NOMINATIONS > 6. Affidavit of Candidate


citation: ELEC § 8600

text:
(a) Every person who desires to be a write-in candidate and have their name as written on the ballot of an election counted for a particular office shall file both of the following:

(1) A statement of write-in candidacy that contains the following information:

(A) Candidate’s name.

(B) Residence address.

(C) A declaration stating that they are a write-in candidate.

(D) The title of the office for which they are running.

(E) The party nomination which they seek, if running in a partisan primary election.

(F) The date of the election.

(G) A certification of the candidate’s complete voter registration and party affiliation/preference history for the preceding 10 years, or for as long as they have been eligible to vote in the state if less than 10 years, if running for a voter-nominated office.

(H) For any of the offices described in Section 13.5, a statement that the candidate meets the statutory and constitutional requirements for that office as described in that section.

(2) The requisite number of signatures on the nomination papers, if any, required pursuant to Sections 8062, 10220, and 10510, or, in the case of a special district not subject to the Uniform District Election Law (Part 4 (commencing with Section 10500) of Division 10), the number of signatures required by the principal act of the district.

(b) Notwithstanding any other provision of law, a person may not be a write-in candidate at the general election for a voter-nominated office.

(c) A write-in candidate shall have their residence address, telephone number, and email address appearing on the affidavit of registration made confidential in accordance with the terms and conditions of Section 2166.9. If a candidate does not state the candidate’s residence address on the statement of write-in candidacy, the elections official shall verify whether the candidate’s address is within the appropriate political subdivision and add the notation “verified” where appropriate on the declaration.

history: (History: Amended by Stats. 2025, Ch. 300, Sec. 5. (AB 1392) Effective January 1, 2026.)

chapter: 1. General

path: 8. NOMINATIONS > 1. General


citation: ELEC § 8601

text: The statement and nomination papers shall be available on the 57th day prior to the election for which the candidate is filing as a write-in candidate, and shall be delivered to the elections official responsible for the conduct of the election no later than the 14th day prior to the election.


citation: ELEC § 8602

text: The nomination papers for a write-in candidate shall be substantially in the same form as set forth in Section 8041.

history: (History: Amended by Stats. 1999, Ch. 790, Sec. 42. Effective January 1, 2000.)


citation: ELEC § 8603

text: Signers of nomination papers for write-in candidates shall be voters in the district or political subdivision in which the candidate is to be voted on. In addition, if the candidate is seeking a party nomination for an office, the signers shall also be affiliated with the party whose nomination is sought.


citation: ELEC § 8604

text: No fee or charge shall be required of a write-in candidate except in the case of a candidate for city office, as provided in Section 10228.


citation: ELEC § 8605

text:
No person whose name has been written in upon a ballot for an office at the direct primary may have his or her name placed upon the ballot as a candidate for that office for the ensuing general election unless one of the following is applicable:

(a) At that direct primary he or she received for a partisan office votes equal in number to 1 percent of all votes cast for the office at the last preceding general election at which the office was filled. In the case of an office that has not appeared on the ballot since its creation, the requisite number of votes shall equal 1 percent of the number of all votes cast for the office that had the least number of votes in the most recent general election in the jurisdiction in which the write-in candidate is seeking office.

(b) He or she is an independent nominee for a partisan office pursuant to Part 2 (commencing with Section 8300).

(c) At that direct primary he or she received for a voter-nominated office the highest number of votes cast for that office or the second highest number of votes cast for that office, except as provided by subdivision (b) of Section 8142 or Section 8807.

history: (History: Amended by Stats. 2009, Ch. 1, Sec. 34. (SB 6) Effective January 1, 2010. Operative January 1, 2011, pursuant to Sec. 67 of Ch. 1.)


citation: ELEC § 8606

text: Notwithstanding any other provision of law, a person may not be a write-in candidate at the general election for a voter-nominated office.

history: (History: Amended by Stats. 2012, Ch. 3, Sec. 26. (AB 1413) Effective February 10, 2012.)


citation: ELEC § 8650

text: Any group of individuals, equal in number to the number of presidential electors to which this state is entitled, who desire to be write-in candidates for presidential electors pledged to a particular candidate for President and Vice President of the United States shall file a declaration of write-in candidacy.

chapter: 2. Presidential Electors

path: 8. NOMINATIONS > 2. Presidential Electors


citation: ELEC § 8651

text:
(a) The declaration of write-in candidacy for presidential elector shall contain the following information:

(1) Candidate’s name.

(2) Residence address.

(3) A declaration stating that the candidate is a write-in candidate for the office of presidential elector.

(4) Oath or affirmation as set forth in Section 3 of Article XX of the California Constitution.

(5) The date of the general election.

(6) The names of the candidates for President and Vice President of the United States for which the group of presidential electors are pledged.

(b) The declaration of write-in candidacy described in subdivision (a) shall be accompanied by a declaration of an individual who will serve as an alternate elector if the elector vacates the elector’s office. The accompanying declaration shall state that the individual is an alternate to the write-in candidate for the office of presidential elector and shall contain the information described in paragraphs (1), (2), (4), (5), and (6) of subdivision (a).

history: (History: Amended by Stats. 2022, Ch. 216, Sec. 14. (SB 103) Effective January 1, 2023.)


citation: ELEC § 8652

text: The declaration of write-in candidacy shall be filed with the Secretary of State no later than the 14th day prior to the general election.


citation: ELEC § 8653

text: Only those names written on the ballot at the general election for the office of President and Vice President of the United States for which a group of presidential electors are pledged on the declaration of write-in candidacy filed pursuant to Section 8650 shall be counted as votes.


citation: ELEC § 8700

text:
(a) FEDERAL LEGISLATIVE CANDIDATES; BALLOT ACCESS. Notwithstanding any other provision of law, the Secretary of State, or other elections official authorized by law, shall not accept or verify the signatures on any nomination paper for any person, nor shall he or she certify or place on the list of certified candidates, nor print or cause to be printed on any ballot, ballot pamphlet, sample ballot, or ballot label the name of any person, who does either of the following:

(1) Seeks to become a candidate for a seat in the United States House of Representatives, and who, by the end of the then current term of office will have served, or but for resignation would have served, as a member of the United States House of Representatives representing any portion or district of the State of California during six or more of the previous eleven years;

(2) Seeks to become a candidate for a seat in the United States Senate, and who, by the end of the then current term of office will have served, or but for resignation would have served, as a member of the United States Senate representing the State of California during twelve or more of the previous seventeen years.

(b) “WRITE-IN” CANDIDACIES. Nothing in this section shall be construed as preventing or prohibiting any qualified voter of this state from casting a ballot for any person by writing the name of that person on the ballot, or from having such a ballot counted or tabulated, nor shall any provision of this section be construed as preventing or prohibiting any person from standing or campaigning for any elective office by means of a “write-in” campaign.

(c) CONSTRUCTION. Nothing in this section shall be construed as preventing or prohibiting the name of any person from appearing on the ballot at any direct primary or general election unless that person is specifically prohibited from doing so by the provisions of subdivision (a), and to that end, the provisions of subdivision (a) shall be strictly construed.

history: (History: Enacted by Stats. 1994, Ch. 920, Sec. 2. Note: This section is the reenactment of Section 25003 as added on Nov. 3, 1992, by initiative Prop. 164 (The California Term Limitations Act of 1992).)

chapter: 3. Term Limits

path: 8. NOMINATIONS > 3. Term Limits


citation: ELEC § 8800

text: Except as provided in Section 8020.5, a candidate whose declaration of candidacy has been filed for any primary election shall not withdraw as a candidate at that primary election.

history: (History: Amended by Stats. 2024, Ch. 355, Sec. 8. (AB 1784) Effective January 1, 2025.)

part: 4. WITHDRAWAL OF CANDIDATES:  VACANCIES

path: 8. NOMINATIONS > 3. Term Limits > 4. WITHDRAWAL OF CANDIDATES:  VACANCIES


citation: ELEC § 8801

text: No candidate nominated at any primary election may withdraw as a candidate at the ensuing general election except those candidates permitted to withdraw by this part.


citation: ELEC § 8803

text:
(a) No vacancy on the ballot for a nonpartisan office at a general election shall be filled except if the candidate dies and that fact has been ascertained by the officer charged with the duty of printing the ballots at least 68 days before the date of the next ensuing general election.

(b) No vacancy on the ballot for a voter-nominated office at a general election shall be filled. If a candidate who is entitled to appear on the general election ballot dies, the name of that candidate shall appear on the general election ballot and any votes cast for that candidate shall be counted in determining the results of the election for that office. If the deceased candidate receives a majority of the votes cast for the office, he or she shall be considered elected to that office and the office shall be considered vacant at the beginning of the term for which the candidate was elected. The vacancy shall be filled in the same manner as if the candidate had died after taking office for that term.

history: (History: Amended by Stats. 2012, Ch. 3, Sec. 27. (AB 1413) Effective February 10, 2012.)


citation: ELEC § 8804

text:
Notwithstanding Sections 8803 and 8810, any candidate who has been nominated at any primary election for superior court judge in which election there were at least two other candidates and who, after the date prescribed for the filing of declaration of candidacy pursuant to Article 2 (commencing with Section 8020) of Chapter 1 of Part 1, has been appointed to any federal or state office, may request the county elections official to have his or her name removed from the ballot of the next ensuing general election. If the request is received by the county elections official at least 68 days before the next ensuing general election, the county elections official shall remove the candidate’s name from the ballot.

If a candidate’s name is removed from the ballot pursuant to this section, the two remaining candidates who received the highest number of votes cast on all the ballots of all the voters participating in the primary election for nomination for that office of superior court judge shall be the candidates for that office at the ensuing general election, and their names as candidates for that office shall be placed on the official ballot at the ensuing election.

history: (History: Enacted by Stats. 1994, Ch. 920, Sec. 2.)


citation: ELEC § 8805

text:
(a) Whenever a candidate for nomination for a nonpartisan office at a primary election dies on or before the day of the election, and a sufficient number of ballots are marked as being voted for him or her to entitle him or her to nomination if he or she had lived until after the election, a vacancy exists on the general election ballot, which shall be filled in the manner provided in Section 8807 for filling a vacancy caused by the death of a candidate.

(b) Whenever a candidate for nomination for a voter-nominated office at a primary election dies on or before the day of the election, and a sufficient number of ballots are marked as being voted for him or her to entitle him or her to nomination if he or she had lived until after the election, the name of the deceased candidate shall appear on the general election ballot and the general election shall proceed in accordance with subdivision (b) of Section 8803.

history: (History: Amended by Stats. 2012, Ch. 3, Sec. 28. (AB 1413) Effective February 10, 2012.)


citation: ELEC § 8807

text: If the vacancy occurs among candidates chosen at the direct primary to go on the ballot for the succeeding general election for a nonpartisan office, the name of that candidate receiving at the primary election the next highest number of votes shall appear on the ballot to fill the vacancy.

history: (History: Amended by Stats. 2012, Ch. 3, Sec. 29. (AB 1413) Effective February 10, 2012.)


citation: ELEC § 8808

text: A vacancy authorized to be filled because of the death of a candidate shall be filled, and the name of the person named to fill the vacancy shall be certified to the officer charged with the duty of printing the ballots, 68 days before the day of election.


citation: ELEC § 8809

text: Whenever a candidate has declared a candidacy for a primary election and has not withdrawn pursuant to Section 8020.5, the candidate’s name shall be printed upon the ballot for the primary election, unless the candidate has died, and that fact has been ascertained by the officer charged with the duty of printing the ballots, at least 68 days before the day of the election.

history: (History: Amended by Stats. 2024, Ch. 355, Sec. 9. (AB 1784) Effective January 1, 2025.)


citation: ELEC § 8810

text: Whenever a candidate has been nominated at any primary election after having filed a declaration of candidacy, the name of the candidate shall be printed upon the ballot for the ensuing general election unless the candidate has died and that fact has been ascertained by the officer charged with the duty of printing the ballots, at least 68 days before the day of election.


citation: ELEC § 8811

text: Whenever, upon the death of any candidate, the vacancy created is filled by a party committee, a certificate to that effect shall be filed with the officer with whom a declaration of candidacy for that office may be filed, and, upon payment of the filing fee applicable to the office, shall be accepted and acted upon by that officer as in the case of an original declaration certificate.


citation: ELEC § 8900

text: The Legislature finds and declares that the State of California has a strong interest in ensuring that its voters make informed, educated choices in the voting booth. To this end, the state has mandated that extensive amounts of information be provided to voters, including county and state voter information guides. The Legislature also finds and declares that the income tax returns of candidates for Governor provide voters with essential information regarding the candidate’s potential conflicts of interest, business dealings, financial status, and charitable donations. The information in tax returns therefore helps voters to make a more informed decision. The Legislature further finds and declares that as one of the largest centers of economic activity in the world, the State of California has a special interest in state elected officials refraining from corrupt or self-enriching behaviors while in office. The people of California can better estimate the risks of any given candidate for Governor engaging in corruption or the appearance of corruption if they have access to candidates’ tax returns. Finally, the State of California has an interest in ensuring that any violations of statutory prohibitions on behavior such as insider trading are detected and punished. Mandated disclosure of the tax returns of candidates for Governor will enable enforcement of the laws against whichever candidates are elected to those offices. The Legislature finds and declares that compliance costs with this requirement will be trivial.

history: (History: Added by Stats. 2019, Ch. 121, Sec. 2. (SB 27) Effective July 30, 2019.)

path: 8. NOMINATIONS > 3. Term Limits > 5. INCOME TAX RETURN DISCLOSURE REQUIREMENTS


citation: ELEC § 8901

text: For the purposes of this part, “income tax return” means any tax or information return, declaration of estimated tax, or claim for refund required by, or provided for or permitted under, the provisions of the Internal Revenue Code, and that is filed on behalf of, or with respect to, any person, and any amendment or supplement thereto, including supporting schedules, attachments, or lists that are supplemental to, or part of, the return so filed. For the purposes of this part, an “income tax return” does not include transcripts from the Internal Revenue Service nor accountant notes.

history: (History: Amended by Stats. 2023, Ch. 880, Sec. 1. (SB 658) Effective January 1, 2024.)

part: 5. INCOME TAX RETURN DISCLOSURE REQUIREMENTS


citation: ELEC § 8902

text:
(a) Notwithstanding any other law, the name of a candidate for Governor shall not be printed on a ballot, unless the candidate, at least 88 days before the election or, in the case of a recall election, at least 60 days before the recall election, files with the Secretary of State copies of every income tax return the candidate filed with the Internal Revenue Service in the five most recent taxable years, in accordance with the procedure set forth in Section 8903.

(b) If the candidate has not filed the candidate’s income tax return with the Internal Revenue Service for the tax year immediately preceding the election, the candidate shall submit a copy of the income tax return to the Secretary of State within five days of filing the return with the Internal Revenue Service.

(c) The requirement in subdivision (a) does not apply to any year in which the candidate was not required to file the candidate’s income tax return with the Internal Revenue Service.

history: (History: Amended by Stats. 2023, Ch. 880, Sec. 2. (SB 658) Effective January 1, 2024.)


citation: ELEC § 8903

text:
(a) The candidate shall submit the following to the Secretary of State:

(1) (A) Two copies of each tax return required by Section 8902. One copy of each tax return shall be identical to the version submitted to the Internal Revenue Service, without redactions, and shall not be subject to disclosure pursuant to this section. One copy shall be identical to the version submitted to the Internal Revenue Service but shall be redacted pursuant to this paragraph. The tax returns shall be provided to the Secretary of State in hard-copy form not later than 5 p.m. on the 88th day prior to the election or, in the case of a recall election, not later than 5 p.m. on the 60th day prior to the recall election.

(B) The candidate shall redact the following information from the redacted copy of each tax return:

(i) Social security numbers.

(ii) Home address.

(iii) Telephone number.

(iv) Email address.

(v) Medical information.

(vi) Bank account numbers and routing numbers.

(vii) Internal Revenue Service personal identification number (PIN).

(C) The candidate may also redact the following information from the redacted copy of each tax return:

(i) Names of dependent minors.

(ii) Employer identification number.

(iii) Business addresses.

(iv) Preparer or accountant tax identification number, client number, address, telephone number, and email address of paid tax return preparers or accountants.

(2) A written consent form, signed by the candidate, granting the Secretary of State permission to publicly release a version of the candidate’s tax returns redacted pursuant to this section. The Secretary of State shall prepare a standard consent form consistent with this paragraph.

(b) The Secretary of State shall review the redacted copy of each tax return submitted by the candidate to ensure that the redactions comply with subdivision (a). If the Secretary of State determines that the candidate has redacted information other than that permitted by subdivision (a), or failed to redact information required to be redacted by subdivision (a), the Secretary of State shall notify the candidate of any deficiencies. The candidate shall submit corrected hard copies of the tax return no later than 5:00 p.m. on the 78th day prior to the election or, in the case of a recall election, not later than 5 p.m. on the 57th day prior to the recall election. If the corrected hard copies are not timely submitted, the candidate shall not be qualified to have their name placed on the ballot of the election.

(c) (1) At the time the Secretary of State issues the certified list of candidates for the election in accordance with Section 8120, the Secretary of State shall make the redacted copies of the tax returns available to the public on the Secretary of State’s internet website. Except as provided by paragraph (2), the Secretary of State shall make public the redacted copies of the tax returns submitted by the candidate pursuant to subdivision (a).

(2) If the candidate is required to submit a corrected copy of a tax return pursuant to subdivision (b), the Secretary of State shall make public that corrected copy.

(3) The redacted tax returns shall be continuously posted until such time as the official canvass is completed for the election at which a candidate is elected to the office, except that the tax returns of a candidate who participated in a primary election and who was not nominated to participate in the general election need only be posted until the official canvass for the primary election is completed.

(4) The Secretary of State shall retain the paper copies of the submitted tax returns until the completion of the official canvass of the election at which a candidate is elected to the office. Thereafter, the paper copies of the submitted tax returns shall be destroyed as soon as practicable, unless the Secretary of State has received a court order, or a lawful written request from a state or federal governmental agency, directing the Secretary of State to preserve the submitted tax returns.

history: (History: Amended by Stats. 2023, Ch. 880, Sec. 3. (SB 658) Effective January 1, 2024.)


citation: ELEC § 9000

text: This article applies only to initiative and referendum measures affecting the Constitution or laws of the state.

division: 9. MEASURES SUBMITTED TO THE VOTERS

chapter: 1. State Elections

article: 1. Initiative and Referendum Petitions

path: 9. MEASURES SUBMITTED TO THE VOTERS > 1. State Elections > 1. Initiative and Referendum Petitions


citation: ELEC § 9001

text:
(a) Before the circulation of an initiative or referendum petition for signatures, the text of the proposed measure shall be submitted to the Attorney General with a written request that a circulating title and summary of the chief purpose and points of the proposed measure be prepared. The electors presenting the request shall be known as the “proponents.” The Attorney General shall preserve the written request until after the next general election.

(b) Each and every proponent of a proposed initiative measure shall, at the time of submitting the text of the proposed measure, provide both of the following:

(1) An original signed certification stating that “I, (insert name), declare under penalty of perjury that I am a citizen of the United States, 18 years of age or older, and a resident of (insert county), California.”

(2) Public contact information.

(c) The proponents of a proposed initiative measure, at the time of submitting the text of the proposed measure to the Attorney General, shall pay a fee to the Attorney General of two thousand dollars ($2,000) that shall be placed in a trust fund in the office of the Treasurer and refunded to the proponents if the measure qualifies for the ballot within two years from the date the summary is furnished to the proponents. If the measure does not qualify within that period, the fee shall be immediately paid into the General Fund of the state.

(d) All referenda and proposed initiative measures must be submitted to the Attorney General’s Initiative Coordinator located in the Sacramento Attorney General’s Office via U.S. Postal Service, alternative mail service, or personal delivery. Only printed documents will be accepted; facsimile or email delivery will not be accepted.

(e) The Attorney General’s office shall not deem a request for a circulating title and summary submitted until all of the requirements of this section are met.

history: (History: Amended by Stats. 2015, Ch. 229, Sec. 1. (AB 1100) Effective January 1, 2016.)

article: 1. Initiative and Referendum Petitions


citation: ELEC § 9002

text:
(a) Upon receipt of a request from the proponents of a proposed initiative measure for a circulating title and summary, the Attorney General shall initiate a public review process for a period of 30 days by doing all of the following:

(1) Posting the text of the proposed initiative measure on the Attorney General’s internet website.

(2) Inviting, and providing for the submission of, written public comments on the proposed initiative measure on the Attorney General’s internet website. The site shall accept written public comments for the duration of the public review period. The written public comments shall be public records, available for inspection upon request pursuant to Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code, but shall not be displayed to the public on the Attorney General’s internet website during the public review period. The Attorney General shall transmit any written public comments received during the public review period to the proponents of the proposed initiative measure.

(b) During the public review period, the proponents of the proposed initiative measure may submit amendments to the measure that are reasonably germane to the theme, purpose, or subject of the initiative measure as originally proposed. However, amendments shall not be submitted if the initiative measure as originally proposed would not effect a substantive change in law.

(1) An amendment shall be submitted with a signed request by all the proponents to prepare a circulating title and summary using the amended language.

(2) An amendment shall be submitted to the Attorney General’s Initiative Coordinator located in the Attorney General’s Sacramento Office via United States Postal Service, alternative mail service, or personal delivery. Only printed documents shall be accepted; facsimile or email delivery shall not be accepted.

(3) The submission of an amendment shall not extend the period to prepare the estimate required by Section 9005.

(4) An amendment shall not be accepted more than five days after the public review period is concluded. However, a proponent shall not be prohibited from proposing a new initiative measure and requesting that a circulating title and summary be prepared for that measure pursuant to Section 9001.

history: (History: Amended by Stats. 2021, Ch. 615, Sec. 96. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Sec. 463 of Stats. 2021, Ch. 615.)

article: 1. Initiative and Referendum Petitions


citation: ELEC § 9003

text: In the event that the Attorney General is a proponent of a proposed measure, the circulating title and summary of the chief purpose and points of the proposed measure, including an estimate or opinion on the financial impact of the measure, shall be prepared by the Legislative Counsel, and the other duties of the Attorney General specified in this chapter with respect to the circulating title and ballot title and summary and an estimate of the financial effect of the measure shall be performed by the Legislative Counsel.

history: (History: Amended by Stats. 2009, Ch. 373, Sec. 9. (AB 753) Effective January 1, 2010.)

article: 1. Initiative and Referendum Petitions


citation: ELEC § 9004

text:
(a) Upon receipt of the text of a proposed initiative measure, and after the public review period provided for in Section 9002, the Attorney General shall prepare a circulating title and summary of the chief purposes and points of the proposed measure. The circulating title and summary shall not exceed 100 words. The Attorney General shall also provide a unique numeric identifier for each proposed initiative measure. The circulating title and summary shall be prepared in the manner provided for the preparation of ballot titles and summaries in Article 5 (commencing with Section 9050), the provisions of which, in regard to the preparation, filing, and settlement of ballot titles and summaries, are applicable to the circulating title and summary.

(b) The Attorney General shall provide a copy of the circulating title and summary and its unique numeric identifier to the proponents and to the Secretary of State within 15 days after receipt of the fiscal estimate or opinion prepared by the Department of Finance and the Legislative Analyst pursuant to Section 9005. The date the copy is delivered or mailed to the proponents is the “official summary date.”

(c) Upon receipt of the circulating title and summary from the Attorney General, the Secretary of State shall, within one business day, notify the proponents and county elections official of each county of the official summary date and provide a copy of the circulating title and summary to each county elections official. This notification shall also include a complete schedule showing the maximum filing deadline, and the certification deadline by the counties to the Secretary of State.

history: (History: Amended by Stats. 2014, Ch. 697, Sec. 6. (SB 1253) Effective January 1, 2015.)

article: 1. Initiative and Referendum Petitions


citation: ELEC § 9005

text:
(a) The Attorney General, in preparing a circulating title and summary for a proposed initiative measure, shall, in boldface print, include in the circulating title and summary either the estimate of the amount of any increase or decrease in revenues or costs to the state or local government, or an opinion as to whether or not a substantial net change in state or local finances would result if the proposed initiative is adopted.

(b) The estimate as required by this section shall be made jointly by the Department of Finance and the Legislative Analyst, who shall deliver the estimate to the Attorney General so that he or she may include the estimate in the circulating title and summary prepared by him or her.

(c) The estimate shall be delivered to the Attorney General within 50 days of the date of receipt of the proposed initiative measure by the Attorney General, unless, in the opinion of both the Department of Finance and the Legislative Analyst, a reasonable estimate of the net impact of the proposed initiative measure cannot be prepared within the 50-day period. In the latter case, the Department of Finance and the Legislative Analyst shall, within the 50-day period, give the Attorney General their opinion as to whether or not a substantial net change in state or local finances would result if the proposed initiative measure is adopted.

(d) A statement of fiscal impact prepared by the Legislative Analyst pursuant to subdivision (b) of Section 12172 of the Government Code may be used by the Department of Finance and the Legislative Analyst in the preparation of the fiscal estimate or the opinion.

history: (History: Amended by Stats. 2014, Ch. 697, Sec. 7. (SB 1253) Effective January 1, 2015.)

article: 1. Initiative and Referendum Petitions


citation: ELEC § 9006

text:
(a) Upon receipt of the text of a proposed referendum, the Attorney General shall prepare a circulating title and summary of the chief purpose and points of the proposed statute at issue. The circulating title and summary shall not exceed a total of 100 words. No fiscal analysis shall be included.

(b) The Attorney General shall provide a copy of the circulating title and summary of the proposed referendum to the proponents and to the Secretary of State within 10 days after receipt of the proposed referendum.

(c) Upon receipt of the circulating title and summary from the Attorney General, the Secretary of State shall, within one business day, notify the proponents and county elections official of each county of the official summary date and provide a copy of the circulating title and summary to each county elections official. This notification shall also include a complete schedule showing the maximum filing deadline, and the certification deadline by the counties to the Secretary of State.

history: (History: Repealed and added by Stats. 2009, Ch. 373, Sec. 13. (AB 753) Effective January 1, 2010.)

article: 1. Initiative and Referendum Petitions


citation: ELEC § 9007

text: Immediately upon the preparation of the circulating title and summary of a proposed initiative or referendum measure, the Attorney General shall forthwith transmit copies of the text of the measure and the circulating title and summary to the Senate and the Assembly. The appropriate committees of each house may hold public hearings on the subject of the measure. However, nothing in this section shall be construed as authority for the Legislature to alter the measure or prevent it from appearing on the ballot.

history: (History: Amended by Stats. 2009, Ch. 373, Sec. 14. (AB 753) Effective January 1, 2010.)

article: 1. Initiative and Referendum Petitions


citation: ELEC § 9008

text:
Every proposed initiative measure, prior to circulation, shall have placed across the top of the petition in 11-point or larger roman type, all of the following:

(a) The Attorney General’s unique numeric identifier placed before the circulating title and summary upon each page where the circulating title and summary is to appear.

(b) The circulating title and summary prepared by the Attorney General upon each page of the petition on which signatures are to appear. The circulating title shall appear in all capital letters.

(c) The circulating title and summary prepared by the Attorney General upon each section of the petition preceding the text of the measure.

(d) The circulating title and summary prepared by the Attorney General as required by subdivision (b) shall be preceded by the following statement: “INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS.”, followed by, on a separate line, “The Attorney General of California has prepared the following circulating title and summary of the chief purpose and points of the proposed measure:”. This text shall be in boldface.

history: (History: Amended by Stats. 2022, Ch. 887, Sec. 4. (SB 1360) Effective January 1, 2023.)

article: 1. Initiative and Referendum Petitions


citation: ELEC § 9009

text:
The heading of an initiative petition shall be in substantially the following form:

Initiative Measure to Be Submitted Directly to the Voters

The Attorney General of California has prepared the following circulating title and summary of the chief purpose and points of the proposed measure:

(Here set forth the unique numeric identifier provided by the Attorney General and circulating title and summary prepared by the Attorney General. Both the Attorney General’s unique numeric identifier and the circulating title and summary must also be printed across the top of each page of the petition whereon signatures are to appear.)

To the Honorable Secretary of State of California

We, the undersigned, registered, qualified voters of California, residents of ____ County (or City and County), hereby propose amendments to the Constitution of California (the ____ Code, relating to ____) and petition the Secretary of State to submit the same to the voters of California for their adoption or rejection at the next succeeding general election or at any special statewide election held prior to that general election or as otherwise provided by law. The proposed constitutional (or statutory) amendments (full title and text of the measure) read as follows:

history: (History: Repealed and added by Stats. 2009, Ch. 373, Sec. 17. (AB 753) Effective January 1, 2010.)

article: 1. Initiative and Referendum Petitions


citation: ELEC § 9010

text:
Across the top of each page of a referendum petition, there shall be printed in 12-point boldface type the following:

“Referendum Against an Act Passed by the Legislature.”

history: (History: Enacted by Stats. 1994, Ch. 920, Sec. 2.)

article: 1. Initiative and Referendum Petitions


citation: ELEC § 9011

text:
Across the top of each page after the first page of every referendum petition or section of a referendum petition, which is prepared and circulated, there shall be printed in 18-point gothic type a short title, in 20 words or less, showing the nature of the petition and the subject to which it relates.

A space at least one inch wide shall be left blank at the top of each page and after each name, for the use of the county elections official, in verifying the petition.

article: 1. Initiative and Referendum Petitions


citation: ELEC § 9012

text: Any petition for a proposed initiative measure or referendum may be presented in sections, but each section shall contain a full and correct copy of the circulating title and summary and text of the proposed measure. The text of the proposed measure shall be printed in type not smaller than 8 point.

history: (History: Repealed and added by Stats. 2009, Ch. 373, Sec. 19. (AB 753) Effective January 1, 2010.)

article: 1. Initiative and Referendum Petitions


citation: ELEC § 9013

text: A space at least one inch wide shall be left blank across the top of each page of every initiative and referendum petition and after the name of each voter who has signed the petition for the use of the county elections official in verifying the petition.

history: (History: Repealed and added by Stats. 2009, Ch. 373, Sec. 21. (AB 753) Effective January 1, 2010.)

article: 1. Initiative and Referendum Petitions


citation: ELEC § 9014

text:
(a) A petition for a proposed initiative or referendum measure shall not be circulated for signatures prior to the official summary date.

(b) Subject to subdivision (d), a petition with signatures for a proposed initiative measure shall be filed with the county elections official not later than 180 days from the official summary date, and a county elections official shall not accept a petition for the proposed initiative measure after that period.

(c) Subject to subdivision (d), a petition for a proposed referendum measure shall be filed with the county elections official not later than 90 days from the date the legislative bill was chaptered by the Secretary of State, and a county elections official shall not accept a petition for the proposed referendum measure after that period.

(d) If the last day to file a petition pursuant to subdivision (b) or (c) is a holiday, as defined in Chapter 7 (commencing with Section 6700) of Division 7 of Title 1 of the Government Code, the petition may be filed with the county elections official on the next business day.

history: (History: Amended (as amended by Stats. 2014, Ch. 106, Sec. 2) by Stats. 2014, Ch. 697, Sec. 8. (SB 1253) Effective January 1, 2015.)

article: 1. Initiative and Referendum Petitions


citation: ELEC § 9015

text: Officers required by law to receive or file in their offices any initiative or referendum petition shall not receive or file any initiative or referendum petition not in conformity with this article.

history: (History: Repealed and added by Stats. 2009, Ch. 373, Sec. 25. (AB 753) Effective January 1, 2010.)

article: 1. Initiative and Referendum Petitions


citation: ELEC § 9016

text:
(a) Notwithstanding Section 324, for purposes of subdivision (c) of Section 8 of, and subdivision (c) of Section 9 of, Article II of the California Constitution, “general election” means only the election held throughout the state on the first Tuesday after the first Monday in November of each even-numbered year with respect to an initiative or referendum measure that is certified for the ballot on or after July 1, 2011.

(b) Notwithstanding any other provision of law, an initiative measure shall not be submitted to the voters at a statewide special election held less than 131 days after the date the measure is certified for the ballot.

history: (History: Amended by Stats. 2011, Ch. 558, Sec. 1. (SB 202) Effective January 1, 2012.)

article: 1. Initiative and Referendum Petitions


citation: ELEC § 9017

text: If, for any reason, any initiative or referendum measure proposed by petition as provided by this article is not submitted to the voters at the next succeeding statewide election, that failure shall not prevent its submission at a succeeding statewide election.

history: (History: Added by Stats. 2009, Ch. 373, Sec. 27. (AB 753) Effective January 1, 2010.)

article: 1. Initiative and Referendum Petitions


citation: ELEC § 9018

text: The Secretary of State shall prepare and provide to any person, upon request, a pamphlet describing the procedures and requirements for preparing and circulating a statewide initiative measure and for filing sections of the petition, and describing the procedure used in determining and verifying the number of qualified voters who have signed the petition.

history: (History: Added by Stats. 2009, Ch. 373, Sec. 28. (AB 753) Effective January 1, 2010.)

article: 1. Initiative and Referendum Petitions


citation: ELEC § 9020

text:
(a) The petition sections shall be designed so that each signer shall personally affix all of the following:

(1) The signer’s signature.

(2) The signer’s printed name.

(3) The signer’s residence address, giving street and number, or if no street or number exists, adequate designation of residence so that the location may be readily ascertained. An incomplete or inaccurate apartment or unit number in the signer’s residence address shall not invalidate their signature pursuant to Section 105.

(4) The name of the signer’s incorporated city or unincorporated community.

(5) If the petition does not include the disclosure statement described by subdivision (b) of Section 107, the following text on a separate horizontal line below the signer’s printed name and above the signer’s signature: “DO NOT SIGN UNLESS you have seen Official Top Funders sheet and its month is still valid.” The text “DO NOT SIGN UNLESS” shall be in all capitals and in boldface. The other text shall be capitalized as shown and shall not be in boldface.

(b) Only a person who is a qualified registered voter at the time of signing the petition is entitled to sign it.

(c) The number of signatures attached to each section shall be at the pleasure of the person soliciting the signatures.

history: (History: Amended by Stats. 2022, Ch. 887, Sec. 5. (SB 1360) Effective January 1, 2023.)

article: 2. Petition Signatures

path: 9. MEASURES SUBMITTED TO THE VOTERS > 1. State Elections > 2. Petition Signatures


citation: ELEC § 9021

text:
(a) A person who meets the requirements of Section 102 may circulate a statewide initiative or referendum petition anywhere within the state. Each section of the petition shall bear the name of a county or city and county, and only qualified registered voters of that county or city and county may sign that section.

(b) The circulator may sign the section he or she is circulating as provided in Section 106.

history: (History: Amended by Stats. 2013, Ch. 278, Sec. 18. (SB 213) Effective January 1, 2014.)

article: 2. Petition Signatures


citation: ELEC § 9022

text:
(a) Each section shall have attached thereto the declaration of the person soliciting the signatures setting forth the information required by Section 104.

(b) The circulator shall certify to the content of the declaration as to its truth and correctness, under penalty of perjury under the laws of the State of California, with the signature of his or her name. The circulator shall state the date and the place of execution on the declaration immediately preceding his or her signature.

(c) Another declaration shall not be required.

(d) Petitions so verified shall be prima facie evidence that the signatures are genuine and that the persons signing are qualified voters. Unless and until otherwise proven upon official investigation, it shall be presumed that the petition presented contains the signatures of the requisite number of qualified voters.

history: (History: Amended by Stats. 2013, Ch. 278, Sec. 19. (SB 213) Effective January 1, 2014.)

article: 2. Petition Signatures