Article 1. General Provisions of California Elections Code >> Division 8. >> Part 1. >> Chapter 1. >> Article 1.
This chapter does not apply to:
(a) Recall elections.
(b) Presidential primary.
(c) Nomination of officers of cities or counties whose charters
provide a system for nominating candidates for those offices.
(d) Nomination of officers for any district not formed for
(e) Nomination of officers for general law cities.
(f) Nomination of school district officers.
(a) No declaration of candidacy for a partisan office or for
membership on a county central committee shall be filed by a
candidate unless (1) at the time of presentation of the declaration
and continuously for not less than three months immediately prior to
that time, or for as long as he or she has been eligible to register
to vote in the state, the candidate is shown by his or her affidavit
of registration to be affiliated with the political party the
nomination of which he or she seeks, and (2) the candidate has not
been registered as affiliated with a qualified political party other
than that political party the nomination of which he or she seeks
within 12 months, or, in the case of an election governed by Chapter
1 (commencing with Section 10700) of Part 6 of Division 10, within
three months immediately prior to the filing of the declaration.
(b) The elections official shall attach a certificate to the
declaration of candidacy showing the date on which the candidate
registered as intending to affiliate with the political party the
nomination of which he or she seeks, and indicating that the
candidate has not been affiliated with any other qualified political
party for the period specified in subdivision (a) immediately
preceding the filing of the declaration. This section does not apply
to a declaration of candidacy filed by a candidate of a political
party participating in its first direct primary election subsequent
to its qualification as a political party pursuant to Section 5100 or
by a candidate of a political party participating in its first
presidential general election subsequent to its qualification as a
political party pursuant to Section 5151.
(c) Notwithstanding subdivision (a), a county central committee,
subject to the bylaws of the state central committee, may establish
the length of time that a candidate for membership on that committee
must be shown by his or her affidavit of registration to be
affiliated with the political party of that committee, and may
establish the length of time that a candidate for membership on that
committee must not have been registered as affiliated with a
qualified political party other than the political party of that
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.
(a) A candidate for a voter-nominated office shall indicate
one of the following upon his or her declaration of candidacy, which
shall be consistent with what appears on the candidate's most recent
affidavit of registration:
(1) "Party Preference: ______ (insert the name of the qualified
political party as disclosed upon your affidavit of registration)."
(2) "Party Preference: None (if you have declined to disclose a
preference for a qualified political party upon your affidavit of
(b) The selection made by a candidate pursuant to subdivision (a)
shall appear on the primary and general election ballot in
conjunction with his or her name, and shall not be changed between
the primary and general election.
(c) Regardless of the party preference, or lack of party
preference, of the candidate or the voter, any qualified voter may
vote for any candidate for a voter-nominated office if the voter is
otherwise entitled to vote for candidates for the office to be
filled. Nothing in Section 2151, 3006, 3007.5, 3205, or 13102 shall
be construed to limit the ability of a voter to cast a primary
election ballot for any candidate for a voter-nominated office,
regardless of the party preference, or lack of party preference,
designated by the candidate for inclusion upon the ballot pursuant to
this section, provided that the voter is otherwise qualified to cast
a ballot for the office at issue.
(d) A candidate designating a party preference pursuant to
subdivision (a) shall not be deemed to be the official nominee of the
party designated as preferred by the candidate. A candidate's
designation of party preference shall not be construed as an
endorsement of that candidate by the party designated. The party
preference designated by the candidate is shown for the information
of the voters only and may in no way limit the options available to
(e) All references to party preference or affiliation shall be
omitted from all forms required to be filed by a voter-nominated
candidate pursuant to this division in the same manner that such
references are omitted from forms required to be filed by nonpartisan
candidates pursuant to Section 8002, except that the declaration of
candidacy required by Section 8040 shall include space for the
candidate to list the party preference disclosed upon the candidate's
most recent affidavit of registration, in accordance with
This chapter does not prohibit the independent nomination of
candidates under Part 2 (commencing with Section 8300), subject to
the following limitations:
(a) A candidate whose name has been on the ballot as a candidate
of a party at the direct primary and who has been defeated for that
party nomination is ineligible for nomination as an independent
candidate. He is also ineligible as a candidate named by a party
central committee to fill a vacancy on the ballot for a general
(b) No person may file nomination papers for a party nomination
and an independent nomination for the same office, or for more than
one office at the same election.
(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 subdivision within that county, the
elections official shall do both of the following:
(1) Refrain from printing a partisan ballot for that party in that
county or a political subdivision within that county in which there
are no candidates for that political party's nomination.
(2) Send notification to those voters registered as affiliated
with that party that there were no qualified candidates for the
partisan office for which the voter is eligible to vote, together
with a nonpartisan ballot, unless, 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 is filed with
the elections official and signed by 10 percent of the registered
voters, or 100 registered voters, whichever is less, affiliated with
that party within the county or a political subdivision within that
county, whichever is applicable.
(b) A separate petition shall be filed for each specific office
for which a write-in campaign is to be conducted.
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, using existing resources, for the
purpose of publicly disseminating information regarding the roles of
the parties in primary elections for party-nominated offices,
voter-nominated offices, and nonpartisan offices.