Article 4. Circulation And Signatures—nomination Documents of California Elections Code >> Division 8. >> Part 1. >> Chapter 1. >> Article 4.
A candidate who declares his or her candidacy shall have
registered voters sign his or her nomination papers pursuant to this
article.
If a candidate submits an in-lieu-filing-fee petition
pursuant to Section 8106, any or all signatures appearing on the
petition, which would be valid under Section 8041, shall be counted
towards the number of voters required to sign a nomination paper. If
an in-lieu-filing-fee petition contains a requisite number of valid
signatures under Section 8062, the candidate shall not be required to
file nomination papers, but may request the elections official to
accept the petition instead of filing nomination papers.
If an in-lieu-filing-fee petition does not contain the requisite
number of valid signatures as set forth in Section 8062, the
candidate shall be entitled to file, within the time period allowed
for filing nomination papers, a nomination paper in order to obtain
the requisite number of valid signatures required to be submitted to
the elections official on a nomination paper. A candidate who submits
a nomination paper pursuant to this paragraph shall only be required
to obtain the number of signatures thereon needed to supplement the
in-lieu-filing-fee petition so that the combination of signatures
appearing on the in-lieu-filing-fee petition and the nomination paper
equals or exceeds the requisite number of signatures set forth in
Section 8062.
(a) The number of registered voters required to sign a
nomination paper for the respective offices are as follows:
(1) State office or United States Senate, not fewer than 65 nor
more than 100.
(2) House of Representatives in Congress, State Senate or
Assembly, State Board of Equalization, or any office voted for in
more than one county, and not statewide, not fewer than 40 nor more
than 60.
(3) Candidacy in a single county or any political subdivision of a
county, other than State Senate or Assembly, not fewer than 20 nor
more than 40.
(4) With respect to a candidate for a political party committee,
if any political party has fewer than 50 voters in the state or in
the county or district in which the election is to be held, one-tenth
the number of voters of the party.
(5) If there are fewer than 150 voters in the county or district
in which the election is to be held, not fewer than 10 nor more than
20.
(b) The provisions of this section are mandatory, not directory,
and no nomination paper shall be deemed sufficient that does not
comply with this section. However, this subdivision shall not be
construed to prohibit withdrawal of signatures pursuant to Section
8067. This subdivision also shall not be construed to prohibit a
court from validating a signature which was previously rejected upon
showing of proof that the voter whose signature is in question is
otherwise qualified to sign the nomination paper.
The nomination paper shall be delivered to the elections
official of the county in which the signer resides and is a voter.
The declaration of candidacy shall be obtained from, and
delivered to, the elections official of the county in which the
candidate resides and is a voter in accordance with Section 8028.
The elections official shall not accept for filing any
nomination paper unless all blanks in the certificate are filled.
Circulators shall meet the requirements of Section 102.
No more signers shall be secured for any candidate than the
maximum number required in this article. If, however, through
miscalculation or otherwise, more signers are secured than the
maximum number, the officer with whom the nomination papers are filed
shall, with the written consent of the candidate, withdraw the
excess number.
Signers shall be voters in the district or political
subdivision in which the candidate is to be voted on. With respect to
a candidacy for partisan office, signers shall be voters who
disclosed a preference, pursuant to Section 2151, for the party, if
any, for which the nomination is proposed. With respect to a
candidacy for voter-nominated office, signers need not have disclosed
a preference for any party.
No signer shall, at the time of signing a certificate, have
his or her name signed to any other nomination paper for any other
candidate for the same office or, in case there are several places to
be filled in the same office, signed to more nomination papers for
candidates for that office than there are places to be filled.
The elections official shall transmit to the Secretary of
State the nomination document for each candidate for state office,
United States Senator, Representative in Congress, Member of the
Senate or Assembly, or the members of the State Board of
Equalization.