Article 5. Preparation, Circulation, And Filing Of Nomination Papers of California Elections Code >> Division 6. >> Part 1. >> Chapter 3. >> Article 5.

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.

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 74 days prior to the presidential primary.

Each signer of a nomination paper for the presidential primary ballot may sign only one paper. He or she shall declare his or her intention to support the presidential preference candidate or the group of candidates for delegates, add his or her place of residence, and give his or her street and number if any.

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 intending to affiliate with the American Independent Party are competent to sign.

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

A verified nomination paper is prima facie evidence that the signatures are genuine and that the persons signing it are voters, until it is otherwise proved by comparison of the signatures with the affidavits of registration in the office of the elections official.

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

SECTION OF NOMINATION PAPER SIGNED BY VOTER ON BEHALF OF PRESIDENTIAL PREFERENCE PRIMARY CANDIDATE Section ____________ Page ____________ County of ______________. Nomination paper of a presidential preference candidate for the American Independent Party presidential primary ballot. State of ) California ) ss. County of _______ SIGNER'S STATEMENT I, the undersigned, am a voter of the County of ____________, State of California, and am registered as intending to affiliate with the American Independent Party. I hereby nominate ____________ for the presidential preference portion of the American Independent Party's presidential primary ballot, to be voted for at the presidential primary to be held on the ____________ day of ____________, 20____. I have not signed the nomination paper of any other candidate for the same office, or for any group of delegates, to the national convention of the party, and I further declare that I intend to support the candidate named herein.

________________________________________________ ________________________________________ Number Signature Printed name Residence 1. _____________________________________________ 2. _____________________________________________ 3. _____________________________________________ etc. ___________________________________________

CIRCULATOR'S AFFIDAVIT I, ______, solemnly swear (or affirm) all of the following: 1. That I am 18 years of age or older. 2. That my residence address, including street and number, is ________________________________________________. (If no street or number exists, a designation of my residence adequate to readily ascertain its location is _______________________________________________.) 3. That I secured signatures in the County of ____ to the nomination paper of a candidate in the presidential preference primary of the American Independent Party; that all the signatures on this section of the nomination paper numbered from 1 to ____, inclusive, were made in my presence, that the signatures were obtained between ____, 20_, and ____, 20_, and that to the best of my knowledge and belief each signature is the genuine signature of the person whose name it purports to be. I declare under penalty of perjury that the foregoing is true and correct.
  (Signed)____________ Circulator

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

SECTION OF NOMINATION PAPER SIGNED BY VOTER ON BEHALF OF GROUP OF CANDIDATES FOR DELEGATES TO NATIONAL CONVENTION Section ____________ Page ____________ County of ______________. Nomination paper of group of candidates for election as delegates by the American Independent Party pledged to the candidacy of ____________ as presidential nominee or expressing no preference, as the case may be. State of California ) ss. County of ____________ ) SIGNER'S STATEMENT I, the undersigned, am a voter of the County of ____________, State of California, and am registered as intending to affiliate with the American Independent Party. I hereby nominate the following:

______________________ Residence city Number Names or town County 1. ________________________________________________ 2. _______________________________________________ 3. ________________________________________________ etc. ______________________________________________ (to such number as may be required) etc., as candidates for delegates to the American Independent Party's National Convention, to be voted for at the presidential primary to be held on the ____________ day of ____________, 20____. I have not signed the nomination paper of any other candidates for the same office, or of any candidate for the presidential preference portion of the primary ballot, and I further declare that I intend to support for nomination the candidates named herein. ___________________________________________________ ________________________________________ Number Signature Printed name Residence 1. ________________________________________________ 2. ________________________________________________ 3. ________________________________________________ etc. ______________________________________________

CIRCULATOR'S AFFIDAVIT I, ______, solemnly swear (or affirm) all of the following: 1. That I am 18 years of age or older. 2. That my residence address, including street and number, is ________________________________________________. (If no street or number exists, a designation of my residence adequate to readily ascertain its location is _______________________________________________.) 3. That I secured signatures in the County of ____ to the nomination paper of the group of candidates named in the signer's statement above as candidates for nomination and election by the American Independent Party as delegates to represent the State of California in the party's next national convention; that all the signatures on this section of the nomination paper numbered from 1 to ____, inclusive, were made in my presence, that the signatures were obtained between ____, 20_, and ____, 20_, and that to the best of my knowledge and belief each signature is the genuine signature of the person whose name it purports to be. I declare under penalty of perjury that the foregoing is true and correct.
  (Signed)____________ Circulator

Circulators may obtain signatures to the nomination paper of the candidate or group of candidates at any time not more than 104 nor less than 74 days prior to the presidential primary.

An elections official or deputy elections official may not serve as a circulator and circulators may not obtain signatures within 100 feet of any election booth or polling place.

Each section of a nomination paper, after being verified, shall be returned 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.

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

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.

The elections official shall examine all nomination papers left with him or her for examination and shall disregard and mark "not sufficient" the name of any voter of his or her county that does not appear in the same handwriting on an affidavit of registration in the office of the elections official. He or she shall also disregard and mark "not sufficient" the name of any voter of his or her county who has not stated his or her intention to affiliate with the political party named in the nomination papers.

Within five days after any nomination papers are left with him or her for examination, the elections official shall:
  (a) Examine and affix to them a certificate reciting that he or she has examined them and stating the number of names which 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.

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

Certificate of County Elections Official to Nomination Papers of Candidate or Group of Candidates To the Secretary of State: I, County Elections Official of the County of ________, hereby certify that I have examined the nomination papers, to which this certificate is attached, of the candidate or group of candidates for election at the ensuing presidential primary, and that the number of names which I have not marked "not sufficient" is __________. The candidate or group of candidates named in the nomination papers comprise the following (state names of candidates): etc. etc. etc. Dated this ________ day of ________, 19___. ________________________ (SEAL) County Elections Official By _____________ Deputy

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. 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. In each case, the Secretary of State shall advise the person receiving the notification that no more signatures will be received.