Article 2. Nomination Documents of California Elections Code >> Division 8. >> Part 1. >> Chapter 1. >> Article 2.
(a) No candidate's name shall be printed on the ballot to be
used at the direct primary unless the following nomination documents
are delivered for filing to the county elections official:
(1) Declaration of candidacy pursuant to Section 8040.
(2) Nomination papers signed by signers pursuant to Section 8041.
(b) The forms shall first be available on the 113th day prior to
the direct primary election, or on the 158th day prior to the primary
election for a candidate for membership on a county central
committee, and shall be delivered not later than 5 p.m. on the 88th
day prior to the primary election. The forms may be delivered to the
county elections official by a person other than the candidate.
(c) Upon the receipt of an executed nomination document, the
county elections official shall give the person delivering the
document a receipt, properly dated, indicating that the document was
delivered to the county elections official.
(d) Notwithstanding Section 8028, upon request of a candidate, the
county elections official shall provide the candidate with a
declaration of candidacy. The county elections official shall not
require a candidate to sign, file, or sign and file, a declaration of
candidacy as a condition of receiving nomination papers.
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 be filed in the office of the
Secretary of State shall be filed with the elections official by the
83rd day before the primary election.
Notwithstanding Section 8020 or any other provision of the
law, if nomination documents for an incumbent state Senator, Member
of the Assembly, state constitutional officer, Insurance
Commissioner, Member of the United States House of Representatives,
or United States Senator are not delivered by 5 p.m. on the 88th day
before the direct primary election, any person other than the person
who was the incumbent on the 88th day shall have until 5 p.m. on the
83rd day before the election to file nomination documents for the
However, if the incumbent's failure to file nomination documents
is because he or she has already served the maximum number of terms
permitted by the California Constitution for that office, there shall
be no extension of the period for filing the nomination documents.
(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 judicial office, not more than 14
nor less than five days prior to the first day on which his or her
nomination papers may be circulated and signed or may be presented
for filing, shall file in the office of the elections official in
which his or her nomination papers are required to be filed, a
written and signed declaration of his or her intention to become a
candidate for that office on a form to be supplied by the elections
official. A candidate for a numerically designated judicial office
shall state in his or her declaration for which office he or she
intends to become a candidate.
(b) No person may be a candidate nor have his or her name printed
on any ballot as a candidate for judicial office unless he or she has
filed the declaration of intention provided for in this section. If
the incumbent of a judicial office fails to file a declaration of
intention by the end of the period specified in subdivision (a),
persons other than the incumbent may file declarations of intention
no later than the first day for filing nomination papers.
(c) Declarations shall be in substantially the following form:
"I hereby declare my intention to become a candidate for the
office of____(name of office and district, if any) at the ____, 2____
No candidate for a judicial office shall be required to state his
or her residential address on the declaration of intention. However,
if the address is not stated on the declaration of intention, the
address must be provided to the elections official for verification.
(d) This section shall apply to all judicial offices whether
numerically designated or not.
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 88th day before the direct primary
election, any person other than the person who was the incumbent on
the 88th day shall have until 5 p.m. on the 83rd day before the
election to file nomination documents for the elective office.
This section is not applicable where there is no incumbent
eligible to be elected.
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 the delivery of nomination
documents to the elections official, as provided in Section 8020, but
not less than 83 days before the election, any person, regardless of
his or her party preference or lack of party preference, may
circulate and deliver nomination documents for the office to the
elections official up to 5 p.m. on the 74th day prior to the
election. In that case, the elections official shall, immediately
after receipt of those nomination documents, certify and transmit
them to the Secretary of State in the manner specified in this
(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 office shall be counted, and if counted the
votes shall be null and void, if an incumbent is a candidate for a
nonpartisan statewide, countywide, or citywide office, or for a
nonpartisan office that is elected by division, area, or district,
which he or she currently holds at an election at which only one
other candidate, excluding any write-in candidates, has qualified to
have his or her name placed on the ballot for that office, and either
the challenger or the incumbent dies after the hour of 12:01 a.m. of
the 68th day before the election.
(b) A special election shall be called and held when the death of
the challenger or the incumbent occurs within the period set in
subdivision (a). The special election shall be called by the
appropriate governing body within 14 days after the death of the
incumbent or challenger. The special election shall be held no later
than 88 days after the proclamation or resolution calling for the
election. Candidates at the special election shall be nominated in
accordance with this part, except that forms for securing signatures
in lieu of a filing fee need not be made available until 15 days
before the first day for circulating nomination papers,
in-lieu-filing-fee petitions shall be filed at least seven days prior
to the closing of the nomination period, nomination papers shall be
delivered for filing to the elections official not less than 68 days
and not more than 87 days before the special election, any candidate'
s statement shall be filed with the clerk no later than the 68th day
before the special election, and the Secretary of State shall conduct
the randomized alphabet drawing under procedures similar to Sections
13112 and 13113 on the 67th day before the special election. Any
candidate who paid a filing fee in connection with the previously
scheduled election shall not be required to pay any additional filing
fee, but shall be required to file new nomination papers.
(c) The Secretary of State or elections official shall take
appropriate action to ensure that voters do not erroneously vote in a
(d) This section applies to a primary election. If a candidate in
a runoff election dies under the circumstances prescribed in
subdivision (a), Section 15402 applies to govern the results of that
(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 nonpartisan statewide, countywide, or citywide
office, or for a nonpartisan office that is elected by division,
area, or district which he or she currently holds at an election at
which only one other candidate, excluding any write-in candidates,
has qualified to have his or her name placed on the ballot for that
office and either the challenger or the incumbent dies after the 88th
day but before the 68th day before the election.
(b) Any person qualified to be a candidate for the office for
which either the deceased challenger or the deceased incumbent was a
candidate may circulate and deliver nomination papers commencing the
day after the death of either the challenger or the incumbent.
Candidates shall be nominated in accordance with this part, except
that in-lieu-filing-fee petitions shall not be made available and
nomination papers shall be returned to the elections official no
later than 5 p.m. on the 68th day before the election.
(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 elections official shall require all
candidates filing a declaration of candidacy to execute the
declaration in the office of the elections official.
(b) A candidate may, in a written statement signed and dated by
the candidate, designate a person to receive a declaration of
candidacy form from the elections official and deliver it to the
candidate. The statement shall include language indicating that the
candidate is aware that the declaration of candidacy must be properly
executed and delivered to the elections official of the county of
the candidate's residence by the 88th day prior to the direct primary
election. That statement shall be retained by the elections