Chapter 1General Provisions
Section § 1
This section simply states the official name of the legal act as the "Elections Code."
Section § 2
This law says that if a part of the code looks similar to an existing law on the same topic, it should be seen as an update or continuation of that law, not something entirely new.
Section § 3
This law states that if any part of this code is found to be invalid or can't be applied to a specific person or situation, the rest of the code remains effective and can still be applied to other people or situations.
Section § 4
This section states that unless a specific provision or context indicates otherwise, the general guidelines, rules, and definitions outlined will guide the interpretation of this code.
Section § 5
This law explains that the titles and headings used in the code, such as divisions and sections, don't impact the interpretation or meaning of the legal text itself.
Section § 6
This law says that if a public officer is given a power or responsibility, their deputy or someone they legally authorize can do the job for them, unless there’s a specific rule that says otherwise.
Section § 7
Anything that is written down and can be read visually counts as writing. If you need to give any notice, report, statement, or record as required by this section, it must be in English unless stated otherwise.
Section § 8
This section explains how language is interpreted in the law. It states that words used in the present tense include both past and future meanings, and whatever is stated in the future tense includes the present. When something is written in the masculine form, it also applies to the feminine. Similarly, singular words are to be understood as including plural meanings, and vice versa.
Section § 9
This law explains how to count words under certain circumstances. Punctuation doesn't count. Most words count as one word, except for some specifics. Proper nouns, like 'City and County of San Francisco', abbreviations, dates, numbers in digit form, telephone numbers, and website addresses all count as one word. Hyphenated words in dictionaries count as one word, but those not, are counted separately. Spelled-out numbers are also counted separately, like 'one hundred' counts as two words. This rule doesn't apply to ballot designations from Section 13107.
Section § 10
The Secretary of State is the main official in charge of elections in California. They must work to promote voter registration and voting, focusing especially on communities that have historically been less involved. This includes encouraging preregistration for eligible citizens and civic participation among students and new citizens.
In the lead-up to and during the federal census, the Secretary of State must include messages in election materials that raise awareness about the census and encourage people to participate. These messages should address the specific challenges of getting a full and accurate count, especially in communities that have been hard to count in the past.
Section § 10.5
This section establishes the Office of Elections Cybersecurity within California's Secretary of State. Its main goals are to work with local election officials to prevent and manage cyber threats to elections and to address false information that could mislead voters or disrupt elections.
The Office coordinates with federal and local agencies to share threat information and create best practices for cybersecurity. It provides resources like training and tools to election officials and offers advice for improving election security laws and policies.
Additionally, it acts as a communication channel between various government levels and is tasked with securing internet-based election resources. The Office is also responsible for combating misinformation about elections and educating voters with accurate information from trusted election authorities.
Section § 11
The Secretary of State can organize meetings for county and city election officials, along with registrars of voters, to discuss election law administration and ensure consistent procedures. These meetings can't happen more than three times a year and must be approved by the officials' legislative bodies. Deputies can attend alone or with their supervisors. The travel expenses for attending these meetings are covered by the official's county or city.
Section § 12
When someone decides to run for public office in California, they must file official documents with the Secretary of State or a county elections official. By doing so, the candidate automatically appoints these officials or their successors as their legal representatives to receive legal notices or documents related to their candidacy or election laws. This appointment lasts until election day.
If serving legal documents directly to the candidate is unsuccessful despite trying hard, a court may order these documents to be delivered to the appointed election officials. This delivery is considered the same as personal service to the candidate. The officials keep a record of such deliveries and must notify the candidate by sending the documents to the address they've registered, using special registered mail.
Section § 13
This law explains who qualifies as a candidate for elections in California. To be recognized as a candidate, a person must either file a declaration of candidacy or be placed on the ballot as a result of being nominated at a primary or filling a vacancy. However, voters can still write in any name on the ballot and have their vote count, but write-in candidates must comply with specific rules. Finally, this section clarifies who is a 'legally qualified candidate' for the FCC's purposes in managing political broadcasting rules.
Section § 13.5
This law states that to be officially recognized as a candidate for specific county offices, a person must file several things with the right official. These include a candidacy declaration or papers, proof they meet the office's qualifications, and a personal declaration confirming the truth of their documents under penalty of perjury. Originals or copies of documents are acceptable. The official does not need to verify the accuracy or sufficiency of the documents. This applies to positions like county auditor, district attorney, sheriff, schools superintendent, superior court judge, and treasurer or tax collector, each having specific qualification rules.
Section § 14
If a disaster destroys voting records in a county, the Governor can set up an election commission to create new election procedures. This commission will include the Governor, Secretary of State, Attorney General, and the county elections official where the records were destroyed.
Section § 15
If you need to do something by a deadline under this code, but that day falls on a holiday, you can do it the next business day without any penalties.
The day right after Thanksgiving, that Friday, is counted as a holiday too.
Section § 16
When a candidate files their candidacy declaration or proponents file petitions for a local initiative or referendum, the elections official must give them a copy of Government Code Section 84305. This ensures they are informed about relevant legal requirements.
Section § 17
California's Secretary of State is responsible for setting up a system to handle complaints about election administration, in line with federal law. This system is designed to fix problems voters might experience with elections. Importantly, using this complaint system is optional and isn't required before seeking other legal solutions under state or federal law.
Section § 20
If someone has been convicted of certain felonies, such as bribery, embezzling public money, extortion, theft of public money, perjury, or conspiracy related to these crimes, they cannot run for or be elected to any state or local government position.
This applies even if the conviction occurred under the laws of another state, the U.S., or any foreign country, as long as the crime would be considered a felony in California. The only exception is if the person has received a pardon from the relevant authorities.
Section § 21
If a state or local agency in California is involved in a court case about elections under federal law, they must inform the Secretary of State and the Attorney General within three court days, providing details like the case number and name. Before they finalize any agreement, like a settlement, they have to present a draft at least 14 court days in advance, allowing time for review to align with California law. The information shared in this process cannot be accessed through public records requests under the California Public Records Act. This law covers claims under several specific federal laws, such as the Voting Rights Act and the Help America Vote Act, and applies to all cities and counties in California.
However, notifying the Secretary of State or Attorney General doesn’t mean they have to join the case.