BlackletterCalifornia law

DIVISION 8. NOMINATIONS [8000. - 8903.]

Division 8 enacted by Stats. 1994, Ch. 920, Sec. 2.

§§ 8000–8903 · 135 sections

  1. PART 1. PRIMARY ELECTION NOMINATIONS §§ 8000–8228 · 85 sections
    1. CHAPTER 1. Direct Primary §§ 8000–8150 · 64 sections
      1. ARTICLE 1. General Provisions §§ 8000–8005 · 7 sections
        • § 8000 This chapter does not apply to: (a) Recall elections. (b) Presidential primary. (c) Nomination of officers of cities or counties whose charters provide a…
        • § 8001 (a) A declaration of candidacy for membership on a county central committee shall not be filed by a candidate unless (1) at the time of presentation of the…
        • § 8002 If a candidate is a candidate for a nonpartisan office, all reference to party affiliation shall be omitted on all forms required to be filed.
        • § 8002.5 (a) A candidate for a voter-nominated office shall indicate one of the following upon their declaration of candidacy, which shall be consistent with what…
        • § 8003 (a) (1) A person shall not file nomination papers for more than one office at the same primary election. (2) For purposes of paragraph (1), “office” does not…
        • § 8004 (a) In the event that no candidate files for a party’s nomination for any partisan office that would appear on the ballot in a county or a political…
        • § 8005 In addition to satisfying the requirements of Sections 9083.5, 9084.5, and 14105.1, the Secretary of State shall conduct public voter education campaigns,…
      2. ARTICLE 2. Nomination Documents §§ 8020–8028 · 10 sections
        • § 8020 (a) A candidate’s name shall not be printed on the ballot to be used at the direct primary unless the following nomination documents are delivered for filing…
        • § 8020.5 (a) A candidate may withdraw nomination documents for any office other than a statewide office that the candidate delivered for filing to the county elections…
        • § 8021 All nomination documents which are delivered for filing to the elections official in compliance with Section 8020 and that are not required by this chapter to…
        • § 8022 Notwithstanding Section 8020 or any other provision of the law, if nomination documents for an incumbent state Senator, Member of the Assembly, state…
        • § 8023 (a) Except in the case of a judicial office filled in accordance with subdivision (d) of Section 16 of Article VI of the Constitution, every candidate for a…
        • § 8024 Notwithstanding Section 8020 or any other provision of the law, if nomination documents for an incumbent officer of a county are not delivered by 5 p.m. on the…
        • § 8025 If a candidate who has declared a candidacy for a nomination at the direct primary election for a voter-nominated office dies after the last day prescribed for…
        • § 8026 (a) Notwithstanding any other provision of law, except for an election for a judicial office, an election shall not be conducted and no votes cast for the…
        • § 8027 (a) Filing of nomination papers for a nonpartisan office, except for a judicial office, shall be reopened when an incumbent who is a candidate for a…
        • § 8028 (a) Except as provided in subdivision (b), a candidate shall not remove a declaration of candidacy form from the office of the elections official, and the…
      3. ARTICLE 3. Form of Nomination Documents §§ 8040–8042 · 3 sections
        • § 8040 (a) The declaration of candidacy by a candidate shall be substantially as follows: DECLARATION OF CANDIDACY I hereby declare myself a candidate for nomination…
        • § 8041 (a) The nomination paper shall be in substantially the following form: NOMINATION PAPER I, the undersigned signer for ______ for nomination to the office of…
        • § 8042 The Secretary of State shall establish uniform filing forms for candidates to use when filing a declaration of candidacy pursuant to Section 8040 and…
      4. ARTICLE 4. Circulation and Signatures—Nomination Documents §§ 8060–8070 · 11 sections
        • § 8060 A candidate who declares his or her candidacy shall have registered voters sign his or her nomination papers pursuant to this article.
        • § 8061 (a) If a candidate submits an in-lieu-filing-fee petition pursuant to Section 8106, any or all signatures appearing on the petition, which would be valid under…
        • § 8062 (a) The number of registered voters required to sign a nomination paper for the respective offices are as follows: (1) State office or United States Senate,…
        • § 8063 The nomination paper shall be delivered to the elections official of the county in which the signer resides and is a voter.
        • § 8064 The declaration of candidacy shall be obtained from, and delivered to, the elections official of the county in which the candidate resides and is a voter in…
        • § 8065 The elections official shall not accept for filing any nomination paper unless all blanks in the certificate are filled.
        • § 8066 Circulators shall meet the requirements of Section 102.
        • § 8067 No more signers shall be secured for any candidate than the maximum number required in this article. If, however, through miscalculation or otherwise, more…
        • § 8068 Signers shall be voters in the district or political subdivision in which the candidate is to be voted on. With respect to a candidacy for partisan office,…
        • § 8069 No signer shall, at the time of signing a certificate, have his or her name signed to any other nomination paper for any other candidate for the same office…
        • § 8070 The elections official shall transmit to the Secretary of State the nomination document for each candidate for state office, United States Senator,…
      5. ARTICLE 5. Verification of Nomination Signatures §§ 8080–8084 · 5 sections
        • § 8080 No fee or charge shall be made or collected by any officer for verifying any nomination document or circulator’s affidavit.
        • § 8081 Before any nomination document is filed in the office of the county elections official or forwarded for filing in the office of the Secretary of State, the…
        • § 8082 All nomination documents that are required to be filed in the office of the Secretary of State, within five days after being left with the county elections…
        • § 8083 The county elections official’s statement to the Secretary of State of the number of signers shall be in substantially the following form: statement of county…
        • § 8084 If the number of signatures affixed to an in-lieu filing fee petition filed pursuant to Section 8106 is 100 or more, the county elections official may use a…
      6. ARTICLE 6. Nomination Papers. Place of Filing. Fees §§ 8100–8107 · 9 sections
        • § 8100 All nomination documents shall be filed as follows: (a) For state offices, United States Senators, Representatives in Congress, Members of the State Senate and…
        • § 8101 All forms required for nomination and election to all congressional, state, county, and political party county central committee offices shall be furnished…
        • § 8102 No defect in any nomination document presented shall prevent the filing of another nomination document within the period allowed for presenting the nomination…
        • § 8103 (a) The following fees for filing declarations of candidacy shall be paid to the Secretary of State by each candidate: (1) Two percent of the first-year salary…
        • § 8104 The filing fee to be paid to the county elections official for filing a declaration of candidacy for an office to be voted for wholly within one county other…
        • § 8105 (a) The filing fees for all candidates shall be paid at the time the candidates obtain their nomination forms from the county elections official. The county…
        • § 8106 (a) Notwithstanding any other provision of this article, a candidate, or a person authorized by the candidate, may submit a petition containing signatures of…
        • § 8106.5 (a) Notwithstanding paragraph (3) of subdivision (b) of Section 8106, if the last day to file in-lieu-filing-fee petitions pursuant to that paragraph for a…
        • § 8107 The county elections official shall pay to the county treasurer all fees received from candidates pursuant to Section 8105. Within 10 days after the direct…
      7. ARTICLE 7. Certified List of Candidates §§ 8120–8125 · 6 sections
        • § 8120 At least 68 days before the direct primary, the Secretary of State shall transmit to each county elections official a certified list of candidates who are…
        • § 8121 (a) Not less than five days before he or she transmits the certified list of candidates to the county elections officials, as provided in Section 8120, the…
        • § 8122 The Secretary of State shall certify and transmit the list of candidates for nomination to each office according to Assembly districts, in the order of…
        • § 8123 The Secretary of State, at the time he or she transmits the list of candidates to the county elections official, shall inform the county elections official of…
        • § 8124 The certified list of candidates sent to each county elections official by the Secretary of State shall show all of the following: (a) The name of each…
        • § 8125 The certified list of candidates sent to each county elections official by the Secretary of State shall be in a form prescribed by the Secretary of State.
      8. ARTICLE 8. Nominated Candidates §§ 8140–8150 · 13 sections
        • § 8140 Any candidate for a nonpartisan office who at a primary election receives votes on a majority of all the ballots cast for candidates for that office shall be…
        • § 8141 If no candidate has been elected to a nonpartisan office pursuant to Section 8140 or if the number of candidates elected at the primary election is less than…
        • § 8141.5 Except as provided in subdivision (b) of Section 8142, only the candidates for a voter-nominated office who receive the highest or second highest number of…
        • § 8142 (a) In the case of a tie vote, nonpartisan candidates receiving the same number of votes shall be candidates at the ensuing general election if they qualify…
        • § 8143 If the number of candidates elected at a primary election to any nonpartisan office is less than the number of persons to be elected to that office, there…
        • § 8144 The candidates for election to membership on the county central committee, equal in number to the number to be elected, receiving the highest number of votes…
        • § 8145 It is the duty of the officers charged with the canvass of the returns of any primary election in any county or city to issue certificates of nomination to…
        • § 8146 Certificates of nomination or election issued by county or municipal officers shall be issued immediately upon the completion of the canvass of the returns at…
        • § 8147 The Secretary of State shall issue certificates of nomination to candidates nominated for Representatives in Congress, Members of the State Senate and…
        • § 8147.5 Not less than 73 days, and not more than 90 days, before the general election, the Secretary of State shall notify each candidate for partisan office and…
        • § 8148 Not less than 68 days before the general election, the Secretary of State shall deliver to the appropriate county elections official a certificate showing: (a)…
        • § 8149 The Secretary of State shall certify and transmit the list of candidates for each office according to Assembly districts, in the order of arrangement…
        • § 8150 The certificate of the Secretary of State showing candidates nominated or selected at a primary election, and justices of the Supreme Court and courts of…
    2. CHAPTER 1.5. June 2, 2026, Statewide Direct Primary Election §§ 8160–8166 · 7 sections
      • § 8160 This chapter applies only to the June 2, 2026, statewide direct primary election.
      • § 8161 For purposes of this chapter, “statewide direct primary election” means the June 2, 2026, statewide direct primary election.
      • § 8162 (a) Notwithstanding subdivision (b) of Section 8106, forms for securing signatures on an in-lieu-filing-fee petition shall be made available beginning December…
      • § 8163 Not later than December 19, 2025, the Secretary of State shall determine whether it is feasible to include the number of voters, by party preferences, in each…
      • § 8164 Not later than the date that forms for securing signatures on an in-lieu-filing-fee petition are made available in accordance with Section 8162, the Secretary…
      • § 8165 (a) Notwithstanding paragraph (2) of subdivision (a) of Section 13107, a candidate for the office of Representative in Congress shall not choose the word…
      • § 8166 This chapter shall remain in effect only until January 1, 2027, and as of that date is repealed.
    3. CHAPTER 2. Judicial Officers §§ 8200–8228 · 14 sections
      1. ARTICLE 1. Distinguishing Number on Ballot §§ 8200–8204 · 5 sections
        • § 8200 In any election at which two or more judges or justices of any court are to be voted for or elected for the same term, it shall be deemed that there are as…
        • § 8201 (a) A declaration of candidacy for election or a nomination by the Governor, made pursuant to subdivision (d) of Section 16 of Article VI of the California…
        • § 8202 The numerically designated offices shall be grouped and arranged on all ballots in numerical order. No person may be a candidate nor have his or her name…
        • § 8203 (a) In any county in which only the incumbent has filed nomination papers for the office of superior court judge, his or her name shall not appear on the…
        • § 8204 (a) If an incumbent of a judicial office dies on or before the last day prescribed for the filing of nomination papers, or files a declaration of intention but…
      2. ARTICLE 2. Adoption of Subdivision (d) of Section 16 of Article VI of the California Constitution §§ 8220–8228 · 9 sections
        • § 8220 The voters of any county may adopt subdivision (d) of Section 16 of Article VI of the Constitution of this state as applicable to the judge of the superior…
        • § 8221 Subdivision (d) of Section 16 of Article VI may be adopted: (a) In pursuance of an ordinance or resolution adopted by the board of supervisors of the county,…
        • § 8222 The petition shall state the name and address of a person to whom notice of the insufficiency of the petition shall be sent in the event the petition has not…
        • § 8223 The petition shall be signed by 10 percent of the voters of the county, computed upon the total number of votes cast therein for all candidates for Governor at…
        • § 8224 Within 20 days after the filing of the petition, the county elections official shall examine it and ascertain from the record of the registration of the voters…
        • § 8225 Upon the completion of his or her examination, the elections official shall forthwith attach to the petition his or her certificate, duly dated, showing the…
        • § 8226 If it appears by the certificate that the petition has not the required number of signatures, the elections official shall so notify the person designated as…
        • § 8227 Upon the adoption of the ordinance or resolution or the presentation of a petition, the board of supervisors shall submit the proposal to the voters at the…
        • § 8228 If the proposal is approved by a majority of the votes cast thereon, the board of supervisors shall file a certificate, signed by the chairman of the board and…
  2. PART 2. INDEPENDENT NOMINATIONS §§ 8300–8550 · 24 sections
    1. CHAPTER 1. General Provisions §§ 8300–8304 · 5 sections
      • § 8300 A candidate for a partisan office, including that of presidential elector, may be nominated subsequent to, or by other means than, a primary election pursuant…
      • § 8301 A candidate for whom a nomination paper has been filed as a partisan candidate at a primary election, and who is defeated for his or her party nomination at…
      • § 8302 For the purposes of this chapter, Chapter 1 (commencing with Section 8000) of Part 1, and Part 4 (commencing with Section 8800), so far as consistent with this…
      • § 8303 Whenever a group of candidates for presidential electors, equal in number to the number of presidential electors to which this state is entitled, files a…
      • § 8304 When a group of candidates for presidential electors designates the presidential and vice presidential candidates for whom all of the group pledge themselves…
    2. CHAPTER 3. Nomination Papers §§ 8400–8409 · 10 sections
      • § 8400 Nomination papers for a statewide office for which the candidate is to be nominated shall be signed by voters of the state equal to not less in number than 1…
      • § 8401 (a) Upon receiving the nomination paper if, from the examination of such pursuant to Section 8400, more than 500 signatures have been signed on the nomination…
      • § 8402 When a nomination paper or sections of a nomination paper have been received which contain the number of valid signatures required in Section 8400, the officer…
      • § 8403 (a) (1) Nomination papers shall be prepared, circulated, signed, and delivered to the county elections official for examination no earlier than 148 days before…
      • § 8404 Each signer of a nomination paper shall sign but one paper for the same office, except that in case two or more persons are to be elected to the same office at…
      • § 8405 Notwithstanding any other provision of law to the contrary, if an independent candidate submits an in-lieu-filing-fee petition pursuant to Section 8106, the…
      • § 8406 Any nomination paper may be presented in sections, but each section shall contain the name of the candidate and the name of the office for which the candidate…
      • § 8407 The affidavit of any circulator obtaining signatures under this chapter shall be verified free of charge by any officer authorized to administer oaths.
      • § 8408 A verified nomination paper is prima facie evidence that the signatures to it are genuine and that the persons signing it are voters unless it is otherwise…
      • § 8409 Each candidate or group of candidates shall submit a nomination paper that shall be substantially in the following form: County of _______.Nomination paper of…
    3. CHAPTER 4. Circulators §§ 8451–8454 · 3 sections
      • § 8451 Circulators shall meet the requirements of Section 102.
      • § 8452 A county elections official or a deputy county elections official may not circulate nomination papers, and circulators shall not obtain signatures within 100…
      • § 8454 (a) Circulators obtaining signatures to the nomination paper of any candidate may, at any time not more than 148 nor less than 88 days prior to the election,…
    4. CHAPTER 5. Arrangement and Examination of Nomination Papers §§ 8500–8504 · 5 sections
      • § 8500 Each section of a nomination paper, after being verified, shall be returned by the circulator who circulated it to the candidate. All the sections circulated…
      • § 8501 For all nominations of candidates to be voted for in more than one county or throughout the state, the nomination papers, properly assembled, may be fastened…
      • § 8502 Nomination papers shall be left with the county elections official for examination and filed by him or her pursuant to the time limitations set forth in…
      • § 8503 The county elections official shall examine all nomination papers left with him or her for filing or for examination and shall disregard and mark “not…
      • § 8504 Within 24 days after any nomination papers are left for examination, the county elections official shall examine them and prepare a certificate reciting that…
    5. CHAPTER 6. Affidavit of Candidate § 8550 · 1 section
      • § 8550 (a) At least 88 days prior to the election, each candidate shall leave with the officer with whom the candidate’s nomination papers are required to be left, a…
  3. PART 3. WRITE-IN CANDIDATES §§ 8600–8700 · 12 sections
    1. CHAPTER 1. General §§ 8600–8606 · 7 sections
      • § 8600 (a) Every person who desires to be a write-in candidate and have their name as written on the ballot of an election counted for a particular office shall file…
      • § 8601 The statement and nomination papers shall be available on the 57th day prior to the election for which the candidate is filing as a write-in candidate, and…
      • § 8602 The nomination papers for a write-in candidate shall be substantially in the same form as set forth in Section 8041.
      • § 8603 Signers of nomination papers for write-in candidates shall be voters in the district or political subdivision in which the candidate is to be voted on. In…
      • § 8604 No fee or charge shall be required of a write-in candidate except in the case of a candidate for city office, as provided in Section 10228.
      • § 8605 No person whose name has been written in upon a ballot for an office at the direct primary may have his or her name placed upon the ballot as a candidate for…
      • § 8606 Notwithstanding any other provision of law, a person may not be a write-in candidate at the general election for a voter-nominated office.
    2. CHAPTER 2. Presidential Electors §§ 8650–8653 · 4 sections
      • § 8650 Any group of individuals, equal in number to the number of presidential electors to which this state is entitled, who desire to be write-in candidates for…
      • § 8651 (a) The declaration of write-in candidacy for presidential elector shall contain the following information: (1) Candidate’s name. (2) Residence address. (3) A…
      • § 8652 The declaration of write-in candidacy shall be filed with the Secretary of State no later than the 14th day prior to the general election.
      • § 8653 Only those names written on the ballot at the general election for the office of President and Vice President of the United States for which a group of…
    3. CHAPTER 3. Term Limits § 8700 · 1 section
      • § 8700 (a) FEDERAL LEGISLATIVE CANDIDATES; BALLOT ACCESS. Notwithstanding any other provision of law, the Secretary of State, or other elections official authorized…
  4. PART 4. WITHDRAWAL OF CANDIDATES: VACANCIES §§ 8800–8811 · 10 sections
    • § 8800 Except as provided in Section 8020.5, a candidate whose declaration of candidacy has been filed for any primary election shall not withdraw as a candidate at…
    • § 8801 No candidate nominated at any primary election may withdraw as a candidate at the ensuing general election except those candidates permitted to withdraw by…
    • § 8803 (a) No vacancy on the ballot for a nonpartisan office at a general election shall be filled except if the candidate dies and that fact has been ascertained by…
    • § 8804 Notwithstanding Sections 8803 and 8810, any candidate who has been nominated at any primary election for superior court judge in which election there were at…
    • § 8805 (a) Whenever a candidate for nomination for a nonpartisan office at a primary election dies on or before the day of the election, and a sufficient number of…
    • § 8807 If the vacancy occurs among candidates chosen at the direct primary to go on the ballot for the succeeding general election for a nonpartisan office, the name…
    • § 8808 A vacancy authorized to be filled because of the death of a candidate shall be filled, and the name of the person named to fill the vacancy shall be certified…
    • § 8809 Whenever a candidate has declared a candidacy for a primary election and has not withdrawn pursuant to Section 8020.5, the candidate’s name shall be printed…
    • § 8810 Whenever a candidate has been nominated at any primary election after having filed a declaration of candidacy, the name of the candidate shall be printed upon…
    • § 8811 Whenever, upon the death of any candidate, the vacancy created is filled by a party committee, a certificate to that effect shall be filed with the officer…
  5. PART 5. INCOME TAX RETURN DISCLOSURE REQUIREMENTS §§ 8900–8903 · 4 sections
    • § 8900 The Legislature finds and declares that the State of California has a strong interest in ensuring that its voters make informed, educated choices in the voting…
    • § 8901 For the purposes of this part, “income tax return” means any tax or information return, declaration of estimated tax, or claim for refund required by, or…
    • § 8902 (a) Notwithstanding any other law, the name of a candidate for Governor shall not be printed on a ballot, unless the candidate, at least 88 days before the…
    • § 8903 (a) The candidate shall submit the following to the Secretary of State: (1) (A) Two copies of each tax return required by Section 8902. One copy of each tax…