Added by Stats. 2022, Ch. 216, Sec. 8. (SB 103) Effective January 1, 2023.
This chapter shall be known, and may be cited as, as the Uniform Faithful Presidential Electors Act.
Chapter 1.2 - Uniform Faithful Presidential Electors Act
California Elections Code — §§ 6911-6919
Sections (9)
Added by Stats. 2022, Ch. 216, Sec. 8. (SB 103) Effective January 1, 2023.
In this chapter:
(a)“Cast” means accepted by the Secretary of State in accordance with subdivision (b) of Section 6917.
(b)“Elector” means an individual who was a nominee for the office of presidential elector pursuant to Section 6864, 7100, 7300, 7578, 7843, 8303, or 8650 and selected as a
presidential elector under the laws of this state and this chapter.
(c)“President” means President of the United States.
(d)“Unaffiliated presidential candidate” means a candidate for President who qualifies for the general election ballot in this state by means other than nomination by a political party.
(e)“Vice President” means Vice President of the United States.
Added by Stats. 2022, Ch. 216, Sec. 8. (SB 103) Effective January 1, 2023.
For each elector position in this state, a political party contesting the position, or an unaffiliated presidential candidate, shall submit to the Secretary of State the names of two qualified individuals. One of the individuals shall be designated “elector nominee” and the other “alternate elector nominee.” Except as otherwise provided in Sections 6915 to 6918, inclusive, this state’s electors are the winning elector nominees under the laws of this state.
Added by Stats. 2022, Ch. 216, Sec. 8. (SB 103) Effective January 1, 2023.
(a)Each elector nominee and alternate elector nominee of a political party shall execute the following pledge: “If selected for the position of elector, I agree to serve and to mark my ballots for President and Vice President for the nominees for those offices of the party that nominated me.”
(b)Each elector nominee and alternate elector nominee of an unaffiliated presidential candidate shall execute the following pledge: “If selected for the position of elector as a nominee of an unaffiliated presidential candidate, I agree to serve and mark my ballots for that candidate and for that candidate’s vice presidential running mate.”
(c)The pledges executed pursuant to subdivisions (a) and (b) shall accompany submission of the corresponding names to the Secretary of State.
(d)If, after the nomination of a candidate for President or Vice President by a political party and before the meeting of electors described in Section 6917, the candidate dies or withdraws as a candidate for that office in accordance with the rules of the political party, the pledge described in subdivision (a) applies to the successor candidate for that office nominated by the political party in accordance with the party’s rules.
(e)If, after nomination of an unaffiliated candidate for President or Vice President and before the meeting of electors described in Section 6917,
the candidate dies or withdraws as a candidate for that office, the pledge described in subdivision (b) applies to the successor candidate for that office nominated by the group of elector nominees of the candidate.
Added by Stats. 2022, Ch. 216, Sec. 8. (SB 103) Effective January 1, 2023.
In submitting this state’s certificate of ascertainment as required by Section 6 of Title 3 of the United States Code, the Governor shall certify this state’s electors and state in the certificate that:
(a)The electors will serve as electors unless a vacancy occurs in the office of elector before the end of the meeting at which elector votes are cast, in which case a substitute elector will fill the vacancy.
(b)If a substitute elector is appointed to fill a vacancy, the Governor will submit an amended certificate of ascertainment stating the names on the final list of this state’s
electors.
Added by Stats. 2022, Ch. 216, Sec. 8. (SB 103) Effective January 1, 2023.
(a)The Secretary of State shall preside at the meeting of electors described in Section 6917.
(b)The position of an elector not present to vote is vacant. The Secretary of State shall appoint an individual as a substitute elector to fill a vacancy as follows:
(1)If the alternate elector is present to vote, by appointing the alternate elector for the vacant position.
(2)If the alternate elector for the vacant position is not present to vote, by appointing an elector chosen by lot from among the alternate electors present to vote who were nominated
by the same political party or unaffiliated presidential candidate.
(3)If the number of alternate electors present to vote is insufficient to fill any vacant position pursuant to paragraphs (1) and (2), by appointing any immediately available individual who is qualified to serve as an elector and chosen through nomination by an plurality vote of the remaining electors, including nomination and vote by single elector if only one remains.
(4)If there is a tie between at least two nominees for substitute elector in a vote conducted under paragraph (3), by appointing an elector chosen by lot from among those nominees.
(5)If all elector positions are vacant and cannot be filled pursuant to paragraphs (1) to (4), inclusive, by
appointing a single presidential elector, with remaining vacant positions to be filled under paragraph (3) and, if necessary, paragraph (4).
(c)To qualify as a substitute elector under subdivision (b), an individual who has not executed the pledge required under Section 6914 shall execute the following pledge: “I agree to serve and to mark my ballots for President and Vice President consistent with the pledge of the individual to whose elector position I have succeeded.”
Added by Stats. 2022, Ch. 216, Sec. 8. (SB 103) Effective January 1, 2023.
(a)At the time designated for elector voting and after all vacant positions have been filled under Section 6916, the Secretary of State shall provide each elector with a presidential and a vice-presidential ballot. The elector shall mark the elector’s presidential and vice-presidential ballots with the elector’s votes for the offices of President and Vice President, respectively, along with the elector’s signature and the elector’s legibly printed name.
(b)Except as otherwise provided by state law other than this chapter, each elector shall present both completed ballots to the Secretary of State, who shall examine the ballots and accept as cast all ballots of electors
whose votes are consistent with their pledges executed under Section 6914 or subdivision (c) of Section 6916. Except as otherwise provided by state law other than this chapter, the Secretary of State shall not accept and shall not count either an elector’s presidential or vice-presidential ballot if the elector has not marked both ballots or has marked a ballot in violation of the elector’s pledge.
(c)An elector who refuses to present a ballot, presents an unmarked ballot, or presents a ballot marked in violation of the elector’s pledge executed under Section 6914 or subdivision (c) of Section 6916 vacates the office of elector, creating a vacant position to be filled under Section 6916.
(d)The Secretary of State shall distribute ballots to and collect ballots from a
substitute elector and repeat the process under this section of examining ballots, declaring and filling vacant positions as required, and recording appropriately completed ballots from
the substituted electors, until all of the state’s electoral votes have been cast and recorded.
Amended by Stats. 2023, Ch. 88, Sec. 3. (AB 507) Effective January 1, 2024.
(a)After the vote of this state’s electors is completed, if the final list of electors differs from any list that the Governor previously included on a certificate of ascertainment prepared and transmitted under Section 5 of Title 3 of the United States Code, the Secretary of State immediately shall prepare an amended certificate of ascertainment and transmit it to the Governor for the Governor’s signature.
(b)The Governor immediately shall deliver the signed amended certificate of ascertainment to the Secretary of State and a signed duplicate original of the amended
certificate of ascertainment to all individuals entitled to receive this state’s certificate of ascertainment, indicating that the amended certificate of ascertainment is to be substituted for the certificate of ascertainment previously submitted.
(c)The Secretary of State shall prepare a certificate of vote. The electors on the final list shall sign the certificate. The Secretary of State shall process and transmit the signed certificate with the amended certificate of ascertainment under Sections 9 to 11, inclusive, of Title 3 of the United States Code.
Added by Stats. 2022, Ch. 216, Sec. 8. (SB 103) Effective January 1, 2023.
In applying and construing this uniform act, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.