Chapter 1. General of California Elections Code >> Division 8. >> Part 3. >> Chapter 1.
Every person who desires to be a write-in candidate and have
his or her name as written on the ballot of an election counted for a
particular office shall file:
(a) A statement of write-in candidacy that contains the following
information:
(1) Candidate's name.
(2) Residence address.
(3) A declaration stating that he or she is a write-in candidate.
(4) The title of the office for which he or she is running.
(5) The party nomination which he or she seeks, if running in a
partisan primary election.
(6) The date of the election.
(7) A certification of the candidate's complete voter registration
and party affiliation/preference history for the preceding 10 years,
or for as long as he or she has been eligible to vote in the state
if less than 10 years, if running for a voter-nominated office.
(8) For any of the offices described in Section 13.5, a statement
that the candidate meets the statutory and constitutional
requirements for that office as described in that section.
(b) The requisite number of signatures on the nomination papers,
if any, required pursuant to Sections 8062, 10220, and 10510, or, in
the case of a special district not subject to the Uniform District
Election Law (Part 4 (commencing with Section 10500) of Division 10),
the number of signatures required by the principal act of the
district.
(c) Notwithstanding any other provision of law, a person may not
be a write-in candidate at the general election for a voter-nominated
office.
The statement and nomination papers shall be available on the
57th day prior to the election for which the candidate is filing as
a write-in candidate, and shall be delivered to the elections
official responsible for the conduct of the election no later than
the 14th day prior to the election.
The nomination papers for a write-in candidate shall be
substantially in the same form as set forth in Section 8041.
Signers of nomination papers for write-in candidates shall be
voters in the district or political subdivision in which the
candidate is to be voted on. In addition, if the candidate is seeking
a party nomination for an office, the signers shall also be
affiliated with the party whose nomination is sought.
No fee or charge shall be required of a write-in candidate
except in the case of a candidate for city office, as provided in
Section 10228.
No person whose name has been written in upon a ballot for an
office at the direct primary may have his or her name placed upon
the ballot as a candidate for that office for the ensuing general
election unless one of the following is applicable:
(a) At that direct primary he or she received for a partisan
office votes equal in number to 1 percent of all votes cast for the
office at the last preceding general election at which the office was
filled. In the case of an office that has not appeared on the ballot
since its creation, the requisite number of votes shall equal 1
percent of the number of all votes cast for the office that had the
least number of votes in the most recent general election in the
jurisdiction in which the write-in candidate is seeking office.
(b) He or she is an independent nominee for a partisan office
pursuant to Part 2 (commencing with Section 8300).
(c) At that direct primary he or she received for a
voter-nominated office the highest number of votes cast for that
office or the second highest number of votes cast for that office,
except as provided by subdivision (b) of Section 8142 or Section
8807.
Notwithstanding any other provision of law, a person may not
be a write-in candidate at the general election for a voter-nominated
office.