Chapter 1 - New Party Qualifications

California Elections Code — §§ 5000-5006

Sections (7)

Amended by Stats. 2000, Ch. 1081, Sec. 6. Effective January 1, 2001.

(a)For purposes of this division, the definition of “party” in Section 338 is applicable.

(b)This chapter shall apply to political bodies and to parties not otherwise provided for in Division 7 (commencing with Section 7050).

§ 5001

Amended by Stats. 2014, Ch. 71, Sec. 50. (SB 1304) Effective January 1, 2015.

Whenever a group of electors desires to qualify a new political party meeting the requirements of Section 5100 or 5151, that group shall form a political body by:

(a)Holding a caucus or convention at which temporary officers shall be elected and a party name designated. The designated name shall not be so similar to the name of an existing party so as to mislead the voters, and shall not conflict with that of any existing party or political body that has previously filed notice pursuant to subdivision (b).

(b)Filing formal notice with the Secretary of State that the political body has organized, elected temporary officers, and declared an intent to qualify a political party

pursuant to either Section 5100 or 5151, but not both. The notice shall include the names and addresses of the temporary officers of the political body.

§ 5002

Amended by Stats. 2013, Ch. 511, Sec. 5. (AB 1419) Effective January 1, 2014.

Upon receipt of the notice specified in Section 5001, the Secretary of State shall notify each county elections official of the name of the political body, its intent to qualify as a political party, and whether it intends to qualify for the next primary election or for the next presidential general election.

In preparing the statement of voters and their political affiliations, the county elections officials shall tabulate by political affiliation the affidavits of registration of members of political parties qualified pursuant to Section 5100 or 5151, and political bodies formally declaring an intent to qualify as political parties pursuant to Section 5001. All other affidavits of registration, except those of persons

declining to state a political affiliation, shall be tabulated as miscellaneous registrations.

§ 5003

Enacted by Stats. 1994, Ch. 920, Sec. 2.

A political body within the first 70 days after filing the formal notice required by Section 5001 is entitled, upon request to the Secretary of State, to have counted toward its qualification as a political party affidavits of registration in which voters declared affiliation with the political body prior to the date the political body filed the formal notice with the Secretary of State.

§ 5004

Amended by Stats. 2013, Ch. 511, Sec. 6. (AB 1419) Effective January 1, 2014.

(a)If by the 135th day before any primary election, a political body filing notice of its intent to qualify for a primary election pursuant to Section 5001 has not qualified as a political party pursuant to Section 5100, the political body shall be considered to have abandoned its attempt to qualify as a political party and shall be ineligible to participate in the following primary election.

(b)If by the 102nd day before a presidential general election, a political body filing notice of its intent to qualify for a presidential general election pursuant to Section 5001 has not qualified as a political party pursuant to Section 5151, the political body shall be considered to have

abandoned its attempt to qualify as a political party and shall be ineligible to participate in the following presidential general election.

§ 5005

Amended by Stats. 2013, Ch. 511, Sec. 7. (AB 1419) Effective January 1, 2014.

(a)Until otherwise provided for by statute, a political party newly qualified pursuant to Section 5100 shall carry on its activities in accordance with procedures applicable to any other political party that has detailed statutory provisions applicable to its operation as shall be designated by the newly qualified party. The temporary officers of the newly qualified political party elected pursuant to Section 5001 shall file notice of its selection with the Secretary of State not later than 30 days after the political party qualifies.

(b)Until otherwise provided for by statute, a political party newly qualified pursuant to Section 5151 shall carry on its activities in accordance

with procedures applicable to any other political party that has detailed statutory provisions applicable to its operation as shall be designated by the newly qualified party, except that the newly qualified party shall not be required to use a primary election to nominate candidates for the offices of President and Vice President of the United States prior to the presidential general election at which the party qualifies to participate, whose names shall appear on the presidential general election ballot. The temporary officers of the newly qualified political party elected pursuant to Section 5001 shall file notice of its selection with the Secretary of State not later than 30 days after the political party qualifies.

§ 5006

Amended by Stats. 1996, Ch. 724, Sec. 4. Effective January 1, 1997.

Any political party newly qualifying pursuant to Section 5100 shall conduct its presidential primary election in accordance with procedures applicable to any other political party that has detailed statutory provisions applicable to its presidential primary as shall be designated by the newly qualified party.

If a newly qualified political party has not elected permanent officers, the temporary officers shall notify the Secretary of State of the designated procedures the party has selected for its presidential primary, on or before the 125th day before the presidential primary election.