Article 5 - Preparation, Circulation and Filing of Nominating Papers

California Elections Code — §§ 6780-6798

Sections (16)

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

This article applies to the nomination of a candidate for the presidential preference portion of the primary ballot, to the nomination of a slate of delegates pledged to the candidacy of a particular candidate, and to the nomination of a slate of delegates not expressing a preference for a particular candidate.

Amended by Stats. 2020, Ch. 370, Sec. 111. (SB 1371) Effective January 1, 2021.

Nomination papers properly prepared, circulated, signed, and verified shall be left for examination with the elections official of the county in which they are circulated at least 81 days prior to the presidential primary.

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

Each signer of a nomination paper for the presidential primary ballot may sign only one paper. The signer shall add her or his printed name and place of residence indicating city and giving the street and number, if any.

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

Any nomination paper may be presented in sections. Each section shall contain the name of the presidential preference candidate, or the names of the candidates for delegates comprising the group, and, if applicable, that they have expressed a preference for a named person as candidate for presidential nominee of the party. Each section shall bear the name of the county in which it is circulated. Only voters of the county registered as affiliated with the Peace and Freedom Party are competent to sign.

Amended by Stats. 2013, Ch. 278, Sec. 10. (SB 213) Effective January 1, 2014.

Each section shall be prepared with the lines, for signatures numbered, and shall have attached the declaration of the circulator who obtained signatures to it, which shall meet all of the requirements of Section 104. No other declaration is required to be made.

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

A verified nomination paper is prima facie evidence that the signatures are genuine and that the persons signing it are voters registered as affiliated with the Peace and Freedom Party until it is otherwise proven by comparison of the signatures with the affidavits of registration in the office of the elections official.

Amended by Stats. 2013, Ch. 278, Sec. 11. (SB 213) Effective January 1, 2014.

The nomination paper for a candidate for the presidential preference portion of the ballot shall be in substantially the following form:

Amended by Stats. 2013, Ch. 278, Sec. 12. (SB 213) Effective January 1, 2014.

The nomination paper for a group of candidates for delegates to the national convention shall be in substantially the following form:

Amended by Stats. 2019, Ch. 149, Sec. 17. (SB 505) Effective July 30, 2019.

Circulators may obtain signatures to the nomination paper of the candidate or group of candidates at any time not more than 120 nor less than 81 days prior to the presidential primary.

Amended by Stats. 1999, Ch. 790, Sec. 29. Effective January 1, 2000.

Each section of a nomination paper, after being verified, shall be returned by the verification deputy who circulated it to the candidate, committee, or duly authorized representatives. All the sections circulated in any county shall be collected by the candidate, committee, or duly authorized representatives, who shall arrange and leave the sections with the elections official for examination.

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

Prior to filing, the sections of a nomination paper for any candidate or group of candidates shall be numbered in order.

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

Nomination papers, properly assembled, may be consolidated and fastened together by counties, but nomination papers signed by voters in different counties shall not be fastened together.

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

The elections official shall examine all nomination papers left with her or him for examination and shall disregard and mark “not sufficient” the name of any voter of that county that does not appear in the same handwriting on an affidavit of registration in the office of the elections official. The elections official shall also disregard and mark “not sufficient” the name of any voter of the county who is not registered as affiliated with the Peace and Freedom Party.

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

Within five days after any nomination papers are left with the elections official for examination, the elections official shall:

(a)Examine and affix to them a certificate reciting that she or he has examined them and stating the number of names that have not been marked “not sufficient.”
(b)Transmit the papers with the certificate of examination to the Secretary of State, who shall file the papers.

Amended by Stats. 1999, Ch. 790, Sec. 30. Effective January 1, 2000.

The certificate of the elections official to nomination papers of a candidate or group of candidates shall be in substantially the following form:

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

(a)Upon receipt of a sufficient number of signatures for the nomination of a candidate for the presidential preference primary ballot, the Secretary of State shall notify the candidate or his or her duly authorized representative of that fact.
(b)Upon receipt of a sufficient number of signatures for the nomination of a group of candidates for delegates, the Secretary of State shall notify the chairperson of the committee of that fact.
(c)In each case, the Secretary of State shall advise the person receiving the notification that no more signatures will be received.