Article 1. General Provisions of California Elections Code >> Division 13. >> Chapter 3. >> Article 1.
Ballots not printed in accordance with this chapter shall
not be cast nor counted at any election.
The ballots of each political party's central committee
shall be designed so that each ballot may be easily and clearly
distinguished from, and not confused with, a ballot of any other
political party.
All ballots of the same sort prepared by any county
elections official, clerk or secretary of a legislative body, or
other person having charge of preparing ballots for the same polling
place, shall be precisely the same size, arrangement, quality and
tint of paper, and kind of type, and shall be printed with black ink
of the same tint, so that without the numbers on the stubs it is
impossible to distinguish any one of the ballots from the other
ballots of the same sort. The names of all candidates printed upon
the ballot shall be in type of the same size and character.
Across the top of the ballot shall be printed in heavy-faced
gothic capital type not smaller than 30-point, the words "OFFICIAL
BALLOT." However, if the ballot is no wider than a single column, the
words "OFFICIAL BALLOT" may be as small as 24-point. Beneath this
heading, in the case of a partisan primary election, shall be printed
in 18-point boldface gothic capital type the official party
designation or the words "NONPARTISAN BALLOT" as applicable. Beneath
the heading line or lines, there shall be printed, in boldface type
as large as the width of the ballot makes possible, the number of the
congressional, Senate, and Assembly district, the name of the county
in which the ballot is to be voted, and the date of the election.
(a) The instructions to voters shall be printed at least
three-eighths of an inch below the district designation. The
instructions shall begin with the words "INSTRUCTIONS TO VOTERS:" in
no smaller than 16-point gothic condensed capital type. Thereafter,
there shall be printed in 10-point gothic condensed capital type all
of the following directions that are applicable to the ballot:
"To vote for a candidate for Chief Justice of California;
Associate Justice of the Supreme Court; Presiding Justice, Court of
Appeal; or Associate Justice, Court of Appeal, stamp a cross (+) in
the voting square after the word "Yes," to the right of the name of
the candidate. To vote against that candidate, stamp a cross (+) in
the voting square after the word "No," to the right of the name of
that candidate."
"To vote for any other candidate of your selection, stamp a cross
(+) in the voting square to the right of the candidate's name. [When
justices of the Supreme Court or Court of Appeal do not appear on the
ballot, the instructions referring to voting after the word "Yes" or
the word "No" will be deleted and the above sentence shall read: "To
vote for a candidate whose name appears on the ballot, stamp a cross
(+) in the voting square to the right of the candidate's name."]
Where two or more candidates for the same office are to be elected,
stamp a cross (+) after the names of all candidates for the office
for whom you desire to vote, not to exceed, however, the number of
candidates to be elected."
"To vote for a qualified write-in candidate, write the person's
name in the blank space provided for that purpose after the names of
the other candidates for the same office."
"To vote on any measure, stamp a cross (+) in the voting square
after the word "Yes" or after the word "No."
"Marking the ballot outside of the designated space to vote for a
candidate or measure may compromise the secrecy of the ballot."
"If you wrongly stamp, tear, or deface this ballot, return it to
the precinct board member and obtain another."
"On vote by mail ballots mark a cross (+) with pen or pencil."
(b) The instructions to voters shall be separated by no smaller
than a 2-point rule from the portion of the ballot which contains the
various offices and measures to be voted on.
Additional instructions to voters shall appear on the ballot
prior to those provided for in Section 13204 under the following
conditions:
(a) In a primary election at which candidates for delegate to
national convention are to be voted upon, the instructions shall
read:
"To vote for the group of candidates preferring a person whose
name appears on the ballot, stamp a cross (+) in the square opposite
the name of the person preferred. To vote for a group of candidates
not expressing a preference for a particular candidate, stamp a cross
(+) in the square opposite the name of the chairman of the group."
(b) In elections when electors of President and Vice President of
the United States are to be chosen, there shall be placed upon the
ballot, in addition to the instructions to voters as provided in this
chapter, an instruction as follows:
"To vote for all of the electors of a party, stamp a cross (+) in
the square opposite the names of the presidential and vice
presidential candidates of that party. A cross (+) stamped in the
square opposite the name of a party and its presidential and vice
presidential candidate, is a vote for all of the electors of that
party, but for no other candidates."
(c) If a group of candidates for electors has been nominated under
Chapter 3 (commencing with Section 8400) of Division 8, and has
under Chapter 1 (commencing at Section 8300) of Division 8 designated
the names of the candidates for President and Vice President of the
United States for whom those candidates have pledged themselves to
vote, the instructions to voters shall also contain the following:
"To vote for those electors who have pledged themselves to vote
for a candidate for President and Vice President not supported by any
particular party stamp a cross (+) in the square opposite the names
of those presidential and vice presidential candidates."
(d) If a group of candidates for electors has been nominated by a
party not qualified to participate in the election, the instructions
to voters shall also contain the following:
"To vote for those electors who have pledged themselves to vote
for a candidate for President and for Vice President of any party not
qualified to participate in the election write in the names and
party of those presidential and vice presidential candidates in the
blank space provided for that purpose."
(a) On the partisan ballot used in a direct primary
election, immediately below the instructions to voters, there shall
be a box not less than one-half inch high enclosed by a heavy-ruled
line the same as the borderline. This box shall be as long as there
are columns for the partisan ballot and shall be set directly above
these columns. Within the box shall be printed the words
"Party-Nominated Offices." Immediately below that phrase within the
same box shall be printed the following: "Only voters who disclosed a
preference upon registering to vote for the same party as the
candidate seeking the nomination of any party for the Presidency or
election to a party committee may vote for that candidate at the
primary election, unless the party has adopted a rule to permit
non-party voters to vote in its primary elections."
(b) The same style of box described in subdivision (a) shall also
appear over the columns of the nonpartisan part of the ballot and
within the box in the same style and point size of type shall be
printed "Voter-Nominated and Nonpartisan Offices." Immediately below
that phrase within the same box shall be printed the following:
"All voters, regardless of the party preference they disclosed
upon registration, or refusal to disclose a party preference, may
vote for any candidate for a voter-nominated or nonpartisan office.
The party preference, if any, designated by a candidate for a
voter-nominated office is selected by the candidate and is shown for
the information of the voters only. It does not imply that the
candidate is nominated or endorsed by the party or that the party
approves of the candidate. The party preference, if any, of a
candidate for a nonpartisan office does not appear on the ballot."
(a) (1) On the ballot used in a statewide general election
in each year evenly divisible by the number four, immediately below
the instructions to voters, there shall be a box not less than
one-half inch high enclosed by a heavy-ruled line the same as the
borderline. This box shall be as long as there are columns for the
ballot and shall be set directly above these columns. Within the box
shall be printed the words "Party-Nominated Offices." Immediately
below that phrase within the same box shall be printed the following:
"The party label accompanying the name of a candidate for
party-nominated office on the general election ballot means that the
candidate is the official nominee of the party shown."
(2) On the ballot used in a statewide general election in each
year evenly divisible by the number four, following the portion of
the ballot for party-nominated offices, the same style of box
described in paragraph (1) shall appear and within the box in the
same style and point size of type shall be printed "Voter-Nominated
and Nonpartisan Offices." Immediately below that phrase within the
same box shall be printed the following: "All voters, regardless of
the party preference they disclosed upon registration, or refusal to
disclose a party preference, may vote for any candidate for a
voter-nominated or nonpartisan office. The party preference, if any,
designated by a candidate for a voter-nominated office is selected by
the candidate and is shown for the information of the voters only.
It does not imply that the candidate is nominated or endorsed by the
party or that the party approves of the candidate. The party
preference, if any, of a candidate for a nonpartisan office does not
appear on the ballot."
(b) On the ballot used in a statewide general election in each
even-numbered year that is not evenly divisible by the number four,
immediately below the instructions to voters, there shall be a box
not less than one-half inch high enclosed by a heavy-ruled line the
same as the borderline. This box shall be as long as there are
columns for the ballot and shall be set directly above these columns.
Within the box shall be printed the words "Voter-Nominated and
Nonpartisan Offices." Immediately below that phrase within the same
box shall be printed the following: "All voters, regardless of the
party preference they disclosed upon registration, or refusal to
disclose a party preference, may vote for any candidate for a
voter-nominated or nonpartisan office. The party preference, if any,
designated by a candidate for a voter-nominated office is selected by
the candidate and is shown for the information of the voters only.
It does not imply that the candidate is nominated or endorsed by the
party or that the party approves of the candidate. The party
preference, if any, of a candidate for a nonpartisan office does not
appear on the ballot."
(a) There shall be printed on the ballot in parallel columns
all of the following:
(1) The respective offices.
(2) The names of candidates with sufficient blank spaces to allow
the voters to write in names not printed on the ballot, except that
no spaces shall be printed for voter-nominated offices at a general
election.
(3) Whatever measures have been submitted to the voters.
(b) In the case of a ballot which is intended for use in a party
primary and which carries partisan offices, voter-nominated offices,
and nonpartisan offices, a vertical solid black line shall divide the
columns containing partisan offices, on the left, from the columns
containing nonpartisan offices and voter-nominated offices, on the
right.
(c) The standard width of columns containing partisan offices,
nonpartisan offices, and voter-nominated offices, shall be three
inches except that an elections official may vary the width of these
columns by up to three-tenths of an inch. The column containing
presidential and vice presidential candidates may be as wide as four
inches.
(d) A measure that is to be submitted to the voters shall be
printed in one or more parallel columns to the right of the columns
containing the names of candidates and shall be of sufficient width
to contain the title and summary of the measure. To the right of the
title and summary shall be printed, on separate lines, the words "Yes"
and "No."
(a) In the right-hand margin of each column light vertical
lines shall be printed in such a way as to create a voting square
after the name of each candidate for partisan office, voter-nominated
office, nonpartisan office (except for Justice of the Supreme Court
or justice of a court of appeal), or for chairperson of a group of
candidates for delegate to a national convention who express no
preference for a presidential candidate. In the case of Supreme Court
or appellate justices and in the case of measures submitted to the
voters, the lines shall be printed so as to create voting squares to
the right of the words "Yes" and "No." The voting squares shall be
used by the voters to express their choices as provided for in the
instruction to voters.
(b) The standard voting square shall be at least three-eighths of
an inch square but may be up to one-half inch square. Voting squares
for measures may be as tall as is required by the space occupied by
the title and summary.
Whenever a foreign translation of the ballot is required by
the federal Voting Rights Act of 1965, as amended by Public Law
94-73, to appear on the ballot as well as the English language
version, the ballot, including a ballot reference page or pages as
specified in Section 301, may be so designed as to place the foreign
translation to the right of the voting square.
(a) In the case of candidates for delegate to national
convention, there shall be printed in boldface gothic type, not
smaller than 12-point, across the column above the names of the
persons preferred by the groups of candidates for delegates, the
words, "President of the United States." The words "Vote for one
group only" shall extend to the extreme right-hand margin of the
column and over the voting square.
(b) In the case of candidates for President and Vice President,
the words "Vote for One Party" shall appear just below the heading
"President and Vice President" and shall be printed so as to appear
above the voting squares for that office. The heading "President and
Vice President" shall be printed in boldface 12-point gothic type,
and shall be centered above the names of the candidates.
(c) In that section of the ballot designated for judicial offices,
next to the heading "judicial" shall appear the instruction: "Vote
yes or no for each office."
(d) In the case of candidates for Justice of the Supreme Court and
court of appeal, within the rectangle provided for each candidate,
and immediately above each candidate's name, there shall appear the
following: "For (designation of judicial office). " There shall be as
many of these headings as there are candidates for these judicial
offices. No heading shall apply to more than one judicial office.
Underneath each heading shall appear the words "Shall (title and name
of Justice) be elected to the office for the term provided by law ?"
(e) In the case of all other candidates, each group of candidates
to be voted on shall be preceded by the designation of the office for
which they are running, and the words "vote for one" or "vote for no
more than two," or more, according to the number to be nominated or
elected. The designation of the office shall be printed flush with
the left-hand margin in boldfaced gothic type not smaller than
8-point. The words, "vote for ____" shall extend to the extreme
right-hand margin of the column and over the voting square. The
designation of the office and the directions for voting shall be
separated from the candidates by a light line. There shall be no line
between the headings for federal or legislative offices and the
designation of the office and the directions for voting.
The names of the candidates shall be printed on the ballot,
without indentation, in roman capital, boldface type not smaller than
eight-point, between light lines or rules at least three-eighths of
an inch apart but no more than one-half inch apart. However, in the
case of candidates for President and Vice President, the lines or
rules may be as much as five-eighths of an inch apart.
(a) Each group of names of candidates for a particular
office shall be printed in immediate succession to another group of
names of candidates for a particular office so as to avoid
unnecessary spacing or gaps in the sequence in which each series of
groups of names are listed on the ballot.
(b) If it is necessary to leave spaces on the ballot in order to
provide for the most efficient and least costly process of printing
ballots, the spaces shall be located at the end of a column, page, or
ballot card wherever possible.
(c) If due to voting system constraints it is necessary to leave a
space between offices on a column, page, or ballot card, and the
space exceeds one inch, written instructions and a downward arrow or
other visual indicator shall be printed on the ballot to direct the
voter to the next voting space.
Except for a voter-nominated office at a general election,
under the designation of each office shall be printed as many blank
spaces, defined by light lines or rules at least three-eighths of an
inch apart but no more than one-half inch apart, as there are
candidates to be nominated or elected to the office.
Each group of names of candidates for a particular office
shall be separated from the succeeding group by a three-point rule.
Each series of groups shall be headed by the caption "President of
the United States," "President and Vice President," "State," "United
States Senator," "United States Representative," "State Senator,"
"Member of the State Assembly," "County," or "City" or other proper
general classification, as the case may be, printed in boldfaced
gothic capital type, not smaller than 12-point. Each caption shall be
separated from the names of the candidates beneath by a two-point
line.
The left-hand side of the first column of names on the
ballot and the right-hand side of the last column of voting squares
on the ballot shall be bordered by a six-point rule. The side edges
of the ballot shall be one-half inch outside of the six-point down
rule. The binding or stitching of each package of ballots shall be
along the top or head of the ballot.
The ballots shall be printed on the same leaf with a stub
not over one inch in depth. The stub shall be separated from the
ballot by a horizontal perforated line or rule from side to side.
Upon this stub shall be printed only the number of the ballot.
(a) On each ballot a horizontal non-solid-ruled line shall
extend across the top of the ballot one inch below the horizontal
perforated line. The same number appearing on the stub shall be
printed above the horizontal, non-solid-ruled line within two inches
of the left side of the ballot. Above this number shall be printed in
parentheses in small type as follows: "(This number shall be torn
off by a precinct board member and handed to the voter.)". The words
"I HAVE VOTED--HAVE YOU?" may also be printed immediately above or
below the number.
(b) (1) One-half inch to the right of the ballot number there
shall be a short vertical perforated rule or line extending upward
from the horizontal non-solid-ruled line to the horizontal perforated
line. Immediately above this horizontal non-solid-ruled line shall
be printed in boldface lowercase type, at least 12-point in size, and
enclosed in parentheses, the following: "Fold ballot to this line
leaving top margin exposed."
(2) Above this printed direction and midway between it and the top
edge of the ballot shall be printed in boldface uppercase type, at
least 12-point in size, with the four middle words underlined or
otherwise made prominent, the following: "Mark crosses (+) on ballot
ONLY WITH RUBBER STAMP; never with pen or pencil."
(3) Below this direction and midway between it and the next line
shall be printed in boldface uppercase type, at least 12-point in
size, enclosed in parentheses and with the first four and last five
words underlined or otherwise made prominent, the following: "(VOTE
BY MAIL BALLOTS MAY BE MARKED WITH PEN AND INK OR PENCIL.)"
The number on each ballot shall be the same as that on the
corresponding stub, and the ballots and stubs shall be numbered
consecutively in each county, or the ballots and stubs may be
numbered consecutively within each combination of congressional,
senatorial, and Assembly districts in each county. In a partisan
primary election, the sequence of numbers on the official ballots and
stubs for each party within each county, or within each political
subdivision in each county, shall begin with the number 1.
When printed, all ballots shall be bound in stub books, of
such size as the clerk may determine. A record of the number of
ballots printed shall be kept by the officer authorizing the
printing.
If two or more officers are to be elected for the same
office for different terms, the terms for which each candidate for
the office is nominated shall be printed on the ballot as a part of
the title of the office. If at a general election an office is to be
filled for a full term and also for a vacancy in another term, the
list of candidates for the full term shall be placed on the ballot
under the designation of the office with the words "Full Term"
printed immediately after that designation, and the list of
candidates to fill the vacancy shall be placed on the ballot under
the designation of the office with the words "Short Term" printed
immediately after that designation.