Chapter 4State and County Voter Information Guides

Section § 13300

Explanation

This section requires county elections officials in California to prepare a separate voter information guide for each political party and a nonpartisan guide at least 29 days before a primary election. These guides must list all candidates running in the election and be printed differently from the official ballot.

The guides should include a sample of the actual ballot and be sent to voters 10 days before the election. Voters registered with a party will receive the guide for their party, while nonpartisan guides go to those with no party preference. On election day, voters may request to vote with a party's ballot if allowed by that party's rules.

(a)CA Elections Code § 13300(a) By at least 29 days before the partisan primary, each county elections official shall prepare a separate county voter information guide for each political party and a separate nonpartisan county voter information guide. The county elections official shall place in each guide, as applicable, in the order provided in Chapter 2 (commencing with Section 13100), and under the appropriate title of each office, the names of all candidates for whom nomination papers have been duly filed with the county elections official or have been certified to the county elections official by the Secretary of State, to be voted for in the county elections official’s county at the partisan primary election.
(b)CA Elections Code § 13300(b) The county voter information guides shall include a substantial facsimile of the official ballots, except as otherwise provided by law. The county voter information guides shall be printed on paper of a different texture from the paper to be used for the official ballot.
(c)CA Elections Code § 13300(c) One county voter information guide of the party for which the voter has disclosed a preference, as evidenced by the voter’s registration, shall be mailed no later than 10 days before the election to each voter entitled to vote at the primary who registered at least 29 days before the election. A nonpartisan county voter information guide shall be so mailed to each voter who is not registered as preferring any of the parties participating in the primary election. On election day the voter may, upon request, vote the ballot of a political party if authorized by the party’s rules, duly noticed to the Secretary of State.
county elections officials voter information guide partisan primary nonpartisan guide candidate listing official ballots sample ballots paper texture voter registration mailing deadlines political party preference nonpartisan voter ballot request party rules Secretary of State notification
(Amended by Stats. 2019, Ch. 566, Sec. 2. (SB 151) Effective January 1, 2020.)

Section § 13300.5

Explanation

This law allows a county elections official to create a combined county voter information guide. The aim is to make sure the guides are produced and distributed quickly.

In order to facilitate the timely production and distribution of county voter information guides, the county elections official may prepare a combined county voter information guide.
county voter information guide timely production distribution of voter guides county elections official combined voter guide voter information materials election materials voter outreach election preparation election responsibilities voter guide production local election process voter education election logistics efficient distribution
(Amended by Stats. 2016, Ch. 422, Sec. 65. (AB 2911) Effective January 1, 2017.)

Section § 13300.7

Explanation

This law allows county and city elections officials to let voters choose to receive their voting materials electronically instead of by mail if certain rules are followed. These rules include giving voters the option to switch back to mail delivery if they want, keeping their email addresses confidential, and having procedures to allow voters to become vote-by-mail voters online.

Officials must also verify the voter's identity through written, electronic, or phone methods. All online information must meet accessibility standards. Voters must request changes before mailing deadlines, and electronic requests take effect in the next election if deadlines are missed.

Notwithstanding any other law, county and city elections officials may establish procedures designed to permit a voter to opt out of receiving the voter’s county voter information guide, state voter information guide, notice of polling place, and associated materials by mail, and instead obtain them electronically via email or by accessing them on the county’s or city’s internet website, if all of the following conditions are met:
(a)CA Elections Code § 13300.7(a) The procedures establish a method of providing notice of and an opportunity by which a voter can notify elections officials of the voter’s desire to obtain ballot materials electronically in lieu of receiving them by mail.
(b)CA Elections Code § 13300.7(b) The voter email address or any other information provided by the voter under this section remains confidential pursuant to Section 7924.000 of the Government Code and Section 2194 of this code.
(c)CA Elections Code § 13300.7(c) The procedures provide notice and opportunity for a voter who has opted out of receiving a county voter information guide and other materials by mail to opt back into receiving them by mail.
(d)CA Elections Code § 13300.7(d) The procedures establish a process by which a voter can apply electronically to become a vote by mail voter.
(e)CA Elections Code § 13300.7(e) A voter may only opt out of, or opt back into, receiving the voter’s county voter information guide and other ballot materials by mail if the elections official receives the request and can process it before the statutory deadline for the mailing of those materials for the next election, pursuant to Section 13303. If a voter misses this deadline, the request shall take effect the following election.
(f)CA Elections Code § 13300.7(f) The procedures shall include a verification process to confirm the voter’s identity in any of the following manners:
(1)CA Elections Code § 13300.7(f)(1) In writing with a signature card that can be matched to the one on file with the elections official.
(2)CA Elections Code § 13300.7(f)(2) Electronically with the electronic transmission containing the voter’s California driver’s license number, California identification number, or a partial social security number.
(3)CA Elections Code § 13300.7(f)(3) By telephone or in person, upon confirmation of the voter’s date of birth, residence address, and California driver’s license number, California identification number, or a partial social security number.
(g)CA Elections Code § 13300.7(g) Information made available over the internet pursuant to this section shall meet or exceed the most current, ratified standards under Section 508 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794d), as amended, and the Web Content Accessibility Guidelines 2.0 adopted by the World Wide Web Consortium for accessibility. Election officials may also implement recommendations of the Voting Accessibility Advisory Committee made pursuant to paragraph (4) of subdivision (b) of Section 2053, and of any local Voting Accessibility Advisory Committee created pursuant to the guidelines promulgated by the Secretary of State related to the accessibility of polling places by the physically handicapped.
voter information guide opt out electronic delivery vote by mail confidentiality identity verification accessibility standards email notice electronic procedures polling place notice electronic application online access Web Content Accessibility Guidelines voting materials Section 508 compliance
(Amended by Stats. 2022, Ch. 28, Sec. 44. (SB 1380) Effective January 1, 2023.)

Section § 13302

Explanation

The county elections official must promptly send the county voter information guide to party leaders and election candidates. They also need to display a copy at their office where it's easily seen. If a political party endorses candidates for voter-nominated positions, they can send a list of these candidates to the elections official. This list must be given no later than 83 days before the election, and the official will include the endorsed candidates' names in the voter guide.

(a)CA Elections Code § 13302(a) The county elections official shall forthwith submit the county voter information guide of each political party to the chairperson of the county central committee of that party, and shall mail a copy to each candidate for whom nomination papers have been filed in his or her office or whose name has been certified to him or her by the Secretary of State, to the post office address given in the nomination paper or certification. The county elections official shall post a copy of each county voter information guide in a conspicuous place in his or her office.
(b)CA Elections Code § 13302(b) In connection with an election at which a candidate for a voter-nominated office will appear on the ballot, a qualified political party may submit to the county elections official a list of all candidates for voter-nominated office who will appear on a ballot in the county in question, and who have been endorsed by the party by whatever lawful mechanism the party adopts for endorsing candidates for voter-nominated office. If a political party timely submits a list to the county elections official pursuant to this subdivision, the county elections official shall print the names of the candidates for voter-nominated office who were endorsed by that political party in the voter information portion of the county voter information guide. The party chairperson shall provide a written copy of the list of candidates endorsed by the party not later than 83 days before the election at which the candidate for a voter-nominated office will appear on the ballot.
county elections official voter information guide political party endorsements candidate nomination county central committee conspicuous posting voter-nominated office endorsed candidates election candidate notification list submission deadline
(Amended by Stats. 2016, Ch. 422, Sec. 67. (AB 2911) Effective January 1, 2017.)

Section § 13303

Explanation

This section outlines the requirements for distributing county voter information guides for elections. The elections officials must print and mail these guides, which include a sample ballot, to registered voters at least 21 days before the election. The guides must be sent to those registered 29 days prior to the election.

Notices detailing polling place locations, including vote centers, must accompany the guides. For voters who register late, officials must send polling place details and instruct where to access voter guides online or at polling places. The address for the Secretary of State's website and any applicable county website should also be provided.

(a)CA Elections Code § 13303(a) For each election, each appropriate elections official shall cause to be printed, on plain white paper or tinted paper, without watermark, at least as many copies of the form of ballot provided for use in each voting precinct as there are voters in the precinct. These copies shall be designated “county voter information guide” upon their face and shall include a substantial facsimile of the official ballots used in the election, except as otherwise provided by law. A county voter information guide shall be mailed, postage prepaid, no later than 21 days before the election to each voter who is registered at least 29 days before the election.
(b)CA Elections Code § 13303(b) The elections official shall send notice of the polling place, which includes vote centers, to each voter with the county voter information guide. Only official matter shall be sent out with the county voter information guide as provided by law.
(c)CA Elections Code § 13303(c) The elections official shall send notice of the polling place, which includes vote centers, to each voter who registered after the 29th day before the election and is eligible to participate in the election. The notice shall also include information as to where the voter can obtain a county voter information guide and a state voter information guide before the election, a statement indicating that those documents will be available at the polling place at the time of the election, and the address of the Secretary of State’s internet website and, if applicable, of the county internet website where a county voter information guide may be viewed.
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(Amended by Stats. 2019, Ch. 566, Sec. 3. (SB 151) Effective January 1, 2020.)

Section § 13304

Explanation

This law section allows local election officials to include information in the polling place notice sent to voters on whether the polling place is accessible for people with physical disabilities. It can also inform voters about their rights related to accessibility if those apply.

The notice of the polling place which is sent to each voter as provided in Section 13303 may, at the option of the local elections official, inform the voter as to whether the polling place is accessible to the physically handicapped. In addition, this notice may inform the voter of his or her rights under Section 14282, if applicable.
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(Amended by Stats. 2005, Ch. 72, Sec. 2. Effective July 19, 2005.)

Section § 13305

Explanation

This section allows county elections officials in California to choose not to mail voter information guides to voters, under certain conditions. First, voters must receive a document with all the necessary election information and materials. Second, voters must be provided with an official ballot. If the guide isn't mailed, the official may print fewer copies and should use any savings to help fund a free access system for mail-in ballot statuses before using the savings for anything else.

(a)CA Elections Code § 13305(a) Notwithstanding Sections 13300 and 13303 a county elections official may elect not to mail a county voter information guide to a voter if both of the following are satisfied:
(1)CA Elections Code § 13305(a)(1) The county elections official prepares and mails to each voter a document that includes all of the information required to be included in, and shall be accompanied by all the election materials required to accompany, the county voter information guide.
(2)CA Elections Code § 13305(a)(2) The voter is furnished with an official ballot pursuant to Section 3005 or 3010.
(b)CA Elections Code § 13305(b) Notwithstanding subdivision (a) of Section 13303, for each voter to whom the elections official elects not to mail a county voter information guide pursuant to subdivision (a), the elections official may cause to be printed one less copy of the county voter information guide.
(c)CA Elections Code § 13305(c) If a county elections official elects not to mail a county voter information guide to a voter pursuant to this section, the elections official shall use any savings achieved to offset the costs associated with establishing a free access system for vote by mail ballots pursuant to Section 3019.5 before the savings may be used for any other purpose.
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(Amended by Stats. 2022, Ch. 161, Sec. 27. (AB 2608) Effective August 22, 2022.)

Section § 13306

Explanation

If you register to vote in California after the 54th day before an election, you won't get a county voter information guide or candidates’ statements mailed to you. However, you'll still receive a notice about your polling place and a state voter information guide unless you registered after the 29th day before the election. If you register late, you'll get a notice saying you didn't receive these materials because you registered late.

Notwithstanding Sections 13300, 13303, and 13307, county voter information guides and candidates’ statements need not be mailed to voters who registered after the 54th day before an election, but all of these voters shall receive polling place notices and state voter information guides. A state voter information guide is not required to be mailed to a voter who registered after the 29th day before an election. Each of these voters shall receive a notice in bold print that states: “Because you are a late registrant, you are not receiving a county voter information guide or candidates’ statements.”
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(Amended by Stats. 2016, Ch. 422, Sec. 70. (AB 2911) Effective January 1, 2017.)

Section § 13307

Explanation

For local nonpartisan elections, candidates can submit a statement about themselves up to 200 words, or 400 if allowed by the local government. This statement can include personal details like name, age, occupation, education, and qualifications, but can't mention political party affiliation. Candidates need to file these statements with election officials by certain deadlines depending on the type of election. Candidates are allowed to withdraw, but not change, their statements shortly after submission.

The elections office mails out a voter guide with each candidate's statement, ensures all written materials are uniformly formatted, and provides Spanish translations if requested. Additionally, with electronic distribution permitted, candidates can have their statements posted online.

Local agencies can estimate costs related to handling and distributing these statements and may ask candidates to pay in advance. If the final costs vary, agencies can either bill candidates for more or refund any excess. Furthermore, candidates remain legally responsible for the content they submit, meaning they could face legal action for false or damaging statements.

(a)Copy CA Elections Code § 13307(a)
(1)Copy CA Elections Code § 13307(a)(1) Each candidate for nonpartisan elective office in any local agency, including any city, county, city and county, or district, may prepare a candidate’s statement on an appropriate form provided by the elections official. The statement may include the name, age, and occupation of the candidate and a brief description, of no more than 200 words, of the candidate’s own education and qualifications expressed by the candidate. However, the governing body of the local agency may authorize an increase in the limitations on words for the statement from 200 to 400 words. The statement shall not include the party affiliation of the candidate, nor membership or activity in partisan political organizations.
(2)CA Elections Code § 13307(a)(2) The statement authorized by this subdivision shall be filed in the office of the elections official when the candidate’s nomination papers are returned for filing, if it is for a primary election, or for an election for offices for which there is no primary. The statement shall be filed in the office of the elections official no later than the 88th day before the election, if it is for an election for which nomination papers are not required to be filed. If a runoff election or general election occurs within 88 days of the primary or first election, the statement shall be filed with the elections official by the third day following the governing body’s declaration of the results from the primary or first election.
(3)CA Elections Code § 13307(a)(3) Except as provided in Section 13309, the statement may be withdrawn, but not changed, during the period for filing nomination papers and until 5 p.m. of the next working day after the close of the nomination period.
(b)Copy CA Elections Code § 13307(b)
(1)Copy CA Elections Code § 13307(b)(1) The elections official shall send to each voter a county voter information guide that contains the written statements of each candidate that is prepared pursuant to subdivision (a). The statement of each candidate shall be printed in type of uniform size and darkness, and with uniform spacing.
(2)CA Elections Code § 13307(b)(2) The elections official shall provide a Spanish translation to those candidates who wish to have one, and shall select a person to provide that translation who is one of the following:
(A)CA Elections Code § 13307(b)(2)(A) A certified and registered interpreter on the Judicial Council Master List.
(B)CA Elections Code § 13307(b)(2)(B) An interpreter categorized as “certified” or “professionally qualified” by the Administrative Office of the United States Courts.
(C)CA Elections Code § 13307(b)(2)(C) From an institution accredited by a regional or national accrediting agency recognized by the United States Secretary of Education.
(D)CA Elections Code § 13307(b)(2)(D) A current voting member in good standing of the American Translators Association.
(E)CA Elections Code § 13307(b)(2)(E) A current member in good standing of the American Association of Language Specialists.
(c)Copy CA Elections Code § 13307(c)
(1)Copy CA Elections Code § 13307(c)(1) In addition to the statement prepared pursuant to subdivision (a), if the elections official who is conducting the election or the county elections official who is conducting a local agency’s election, including a local election that is consolidated with the county election, permits electronic distribution of a candidate’s statement, each candidate for nonpartisan elective office in the local agency may prepare a candidate’s statement for the purpose of electronic distribution pursuant to this subdivision.
(2)CA Elections Code § 13307(c)(2) A statement prepared pursuant to this subdivision shall be posted on the website of the elections official, and may be included in a voter’s pamphlet that is electronically distributed by the elections official pursuant to Section 13300.7, but shall not be included in a voter’s pamphlet that is printed and mailed to voters pursuant to subdivision (b).
(3)CA Elections Code § 13307(c)(3) A statement that is printed in the voter’s pamphlet and mailed to voters pursuant to subdivision (b) shall be included with the statement that is prepared and electronically distributed pursuant to this subdivision.
(4)CA Elections Code § 13307(c)(4) A statement that is prepared and electronically distributed pursuant to this subdivision shall be displayed in type of uniform size and darkness, and with uniform spacing.
(5)CA Elections Code § 13307(c)(5) The elections official shall provide a Spanish translation to those candidates who wish to have one, and shall select a person to provide that translation who is one of the persons listed in paragraph (2) of subdivision (b).
(d)CA Elections Code § 13307(d) The local agency may estimate the total cost of printing, handling, translating, mailing, and electronically distributing candidate’s statements filed pursuant to this section, including costs incurred as a result of complying with the federal Voting Rights Act of 1965, as amended. The local agency may require each candidate filing a statement to pay in advance to the local agency the candidate’s estimated pro rata share as a condition of having the candidate’s statement included in the county voter information guide or electronically distributed. In the event the estimated payment is required, the receipt for the payment shall include a written notice that the estimate is just an approximation of the actual cost that varies from one election to another election and may be significantly more or less than the estimate, depending on the actual number of candidates filing statements. Accordingly, the local agency is not bound by the estimate and may, on a pro rata basis, bill the candidate for additional actual expense or refund any excess paid depending on the final actual cost. In the event of underpayment, the local agency may require the candidate to pay the balance of the cost incurred. In the event of overpayment, the local agency that, or the elections official who, collected the estimated cost shall prorate the excess amount among the candidates and refund the excess amount paid within 30 days of the election.
(e)CA Elections Code § 13307(e) This section shall not be deemed to make any statement, or the authors of any statement, free or exempt from any civil or criminal action or penalty because of any false, slanderous, or libelous statements offered for printing electronic distribution pursuant to this section or contained in the county voter information guide.
(f)CA Elections Code § 13307(f) Before the nominating period opens, the local agency for that election shall determine whether a charge shall be levied against that candidate for the candidate’s statement sent to each voter and, if authorized pursuant to subdivision (c), for the electronically distributed candidate’s statement. This decision shall not be revoked or modified after the seventh day before the opening of the nominating period. A written statement of the regulations with respect to charges for handling, packaging, mailing, and electronic distribution shall be provided to each candidate or each candidate’s representative, at the time they pick up the nomination papers.
(g)CA Elections Code § 13307(g) For purposes of this section and Section 13310, the board of supervisors is the governing body of judicial elections.
nonpartisan elections candidate statement local agency voter information guide Spanish translation election official electronic distribution candidate costs statement deadline filing nomination papers local election costs candidate's qualifications federal Voting Rights Act runoff election primary election timing
(Amended by Stats. 2024, Ch. 120, Sec. 2. (AB 3197) Effective January 1, 2025.)

Section § 13307.5

Explanation

If you're running for U.S. Representative, you can buy space to include a 250-word statement in the county voter information guide. However, you can't mention your opponent in this statement. Make sure to follow the rules and deadlines for submitting your statement as set out in the election code.

A candidate for United States Representative may purchase the space to place a statement in the voter information portion of the county voter information guide that does not exceed 250 words. The statement shall not refer to any opponent of the candidate. The statement shall be submitted in accordance with the timeframes and procedures set forth in this code for the preparation of the voter information portion of the county voter information guide.
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(Amended by Stats. 2016, Ch. 422, Sec. 72. (AB 2911) Effective January 1, 2017.)

Section § 13307.7

Explanation

This California law requires election officials to post the form that candidates use to submit their candidate statements on the official's website. Candidates can electronically submit these forms according to the usual timeline and procedures for compiling the voter information guide.

If the candidate is running in a district covering more than one county, they must send a hard copy and the required fee to each involved county via overnight mail within 72 hours after the electronic filing. Election officials cannot ask candidates to fill out more forms to fix any posting mistakes made by the officials.

However, officials may still ask candidates for extra information if it's needed to meet legal or voter guide requirements.

(a)CA Elections Code § 13307.7(a) An elections official shall post the form to be used by a candidate to submit a candidate statement pursuant to Section 13307, Section 13307.5, or subdivision (c) of Section 85601 of the Government Code, on the elections official’s internet website, and shall accept the electronic submission of that form if it is submitted in accordance with the times and procedures set forth in this code for the preparation of the voter information portion of the county voter information guide. If the candidate is running in a multicounty district, the elections official of each county shall accept the electronic submission of the form from the candidate’s county of residence; however, the candidate shall transmit a hard copy of the candidate statement form, any accompanying form, and payment of the requisite fee to each county by overnight mail within 72 hours of filing the statement electronically. The elections official shall not require the candidate to submit any additional forms as a means of correcting internet website posting errors made by the elections official.
(b)CA Elections Code § 13307.7(b) Notwithstanding subdivision (a), an elections official may require a candidate to provide additional information that the official needs to comply with state law and county voter information guide requirements.
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(Amended by Stats. 2023, Ch. 664, Sec. 2. (AB 773) Effective October 10, 2023.)

Section § 13308

Explanation

This law section states that any candidate's statement for an election must only include the candidate's personal background and qualifications. It cannot mention or refer to other candidates, their qualifications, character, or activities. The election official has the authority to refuse to print or display any statements that don't adhere to these rules.

In addition to the restrictions set forth in Section 13307, any candidate’s statement submitted pursuant to Section 13307 shall be limited to a recitation of the candidate’s own personal background and qualifications, and shall not in any way make reference to other candidates for that office or to another candidate’s qualifications, character, or activities. The elections official shall not cause to be printed, posted on an Internet Web site, or circulated any statement that the elections official determines is not so limited or that includes any reference prohibited by this section.
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(Amended by Stats. 2016, Ch. 128, Sec. 2. (AB 2010) Effective January 1, 2017.)

Section § 13309

Explanation

This law allows candidates who claim they can't afford to pay fees to submit a candidate statement for election documents to provide a statement of financial worth. This statement is used to decide if the candidate qualifies for a fee waiver. Candidates must provide this along with their candidate statement by a set deadline and include details about their income, property, and debts, signed under penalty of perjury.

The local agency reviews the financial information to determine if the candidate is indeed indigent and informs them of the decision. If the candidate is not found to be indigent, they have three days to either pay the fee or withdraw their statement, or else it won’t be published. If deemed indigent, the agency will publish the statement. Additionally, the agency can charge the candidate their share of costs after the election.

(a)CA Elections Code § 13309(a) Notwithstanding Section 13307, if a candidate alleges to be indigent and unable to pay in advance the requisite fee for submitting a candidate statement, the candidate shall submit to the local agency a statement of financial worth to be used in determining whether or not he or she is eligible to submit a candidate statement without payment of the fee in advance.
(b)CA Elections Code § 13309(b) The statement of financial worth required by this section shall be submitted by the candidate together with his or her candidate statement in accordance with the deadline specified in Section 13307. The statement of financial worth form shall be furnished by the local agency, and may include questions relating to the candidate’s employer, income, real estate holdings, tangible personal property, and financial obligations. The candidate shall certify the content of the statement as to its truth and correctness under penalty of perjury. The candidate shall also sign a release form of the candidate’s most recent federal income tax report.
(c)CA Elections Code § 13309(c) Upon receipt of a statement of financial worth, a determination shall be made by the local agency of whether or not the candidate is indigent. The local agency shall notify the candidate of its findings.
(d)CA Elections Code § 13309(d) If it is determined that the candidate is not indigent, the candidate shall, within three days of the notification, excluding Saturdays, Sundays, and state holidays, withdraw the statement or pay the requisite fee. If the candidate fails to respond within the time prescribed, the local agency shall not be obligated to print and mail the statement.
(e)CA Elections Code § 13309(e) If the local agency determines that the candidate is indigent, the local agency shall print and mail the statement.
(f)CA Elections Code § 13309(f) Nothing in this section shall prohibit the local agency from billing the candidate his or her actual pro rata share of the cost after the election.
candidate statement fee waiver financial worth statement indigency determination submission deadline penalty of perjury financial disclosure income tax release fee reimbursement post-election local agency review publication withdrawal financial information review income and property disclosure candidate election process payment or withdrawal requirement
(Amended by Stats. 2013, Ch. 560, Sec. 11. (AB 1417) Effective January 1, 2014.)

Section § 13310

Explanation

Before the nomination period starts for an election, the local agency in charge of the election can decide that the rules about candidate statements in Section 13307 don't apply. This only takes effect if the U.S. Supreme Court or California Supreme Court decides that candidates can't be made to pay for their statements, except for those who can't afford it.

Prior to the nomination period for an election, the governing body of the local agency conducting the election may determine that Section 13307 is inapplicable to that election. This section shall become operative only if the United States Supreme Court or the California Supreme Court rules that candidates (other than indigent candidates) may not be required to pay for candidates’ statements authorized pursuant to Section 13307.
nomination period local agency candidate statements Section 13307 Supreme Court ruling indigent candidates payment requirement election rules candidates’ statements governing body decision applicability of rules California Supreme Court U.S. Supreme Court statement fees financial requirement for candidates
(Enacted by Stats. 1994, Ch. 920, Sec. 2. Section conditionally operative by its own provisions.)

Section § 13311

Explanation

This law states that certain statements filed in connection with Section 13307 must be kept confidential and are not subject to public records requests until the filing deadline has passed.

Notwithstanding the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code), the statements filed pursuant to Section 13307 shall remain confidential until the expiration of the filing deadline.
confidential statements public records requests confidentiality filing deadline Section 13307 privacy protection California Public Records Act government filings election statements deadline expiration confidential filing California election law public record confidentiality filing confidentiality access restriction
(Amended by Stats. 2021, Ch. 615, Sec. 99. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Sec. 463 of Stats. 2021, Ch. 615.)

Section § 13312

Explanation

This law requires every county voter information guide in California to have a notice on the first page explaining two things. First, that the guide doesn't contain a full list of candidates if some are missing, and that you can find a complete list on the sample ballot. Second, that any candidate statements in the guide are voluntarily submitted by the candidates and printed at their expense.

If candidates for a nonpartisan office are allowed to have their statements distributed electronically, the guide must tell voters where to find those statements online and provide the website address.

(a)CA Elections Code § 13312(a) Each county voter information guide prepared pursuant to subdivision (b) of Section 13307 shall contain a notice in the heading of the first page, not smaller than 10-point type, that specifies both of the following:
(1)CA Elections Code § 13312(a)(1) That the county voter information guide does not contain a complete list of candidates and that a complete list of candidates appears on the sample ballot (if any candidate is not listed in the county voter information guide).
(2)CA Elections Code § 13312(a)(2) That each candidate’s statement in the county voter information guide is volunteered by the candidate and (if printed at the candidate’s expense) is printed at the candidate’s expense.
(b)CA Elections Code § 13312(b) If a local agency has authorized each candidate for nonpartisan elective office to prepare a candidate’s statement for the purpose of electronic distribution pursuant to subdivision (c) of Section 13307, and if a candidate has submitted a statement for that purpose, the notice required by subdivision (a) shall specify that additional statements are available on the internet website of the elections official and shall include the internet website address at which the statements may be viewed.
county voter information guide candidate statements sample ballot nonpartisan elective office candidate expenses electronic distribution elections official website online candidate statements local agency authorization voter guide notice requirements
(Amended by Stats. 2023, Ch. 131, Sec. 56. (AB 1754) Effective January 1, 2024.)

Section § 13313

Explanation

This law requires election officials to make candidate statements available for public review for 10 days after the submission deadline. During this time, anyone can get copies for a fee that only covers the cost of providing them.

In this 10-day period, voters and election officials can request changes or deletions to the candidate statements if they can prove the information is false or misleading. Any legal challenges must be filed before the end of this period, and changes should not disrupt the election process.

If a legal action is taken, the election official is named as the respondent, and the candidate is the person of interest. If the official initiates action, the county board of supervisors is named as the respondent.

(a)CA Elections Code § 13313(a) The elections official shall make a copy of the material referred to in Section 13307 available for public examination in the elections official’s office for a period of 10 calendar days immediately following the filing deadline for submission of those documents. Any person may obtain a copy of the candidate’s statements from the elections official for use outside of the elections official’s office. The elections official may charge a fee to any person obtaining a copy of the material, and the fee may not exceed the actual cost incurred by the elections official in providing the copy.
(b)Copy CA Elections Code § 13313(b)
(1)Copy CA Elections Code § 13313(b)(1) During the 10-calendar-day public examination period provided by this section, any voter of the jurisdiction in which the election is being held, or the elections official, himself or herself, may seek a writ of mandate or an injunction requiring any or all of the material in the candidates statements to be amended or deleted. The writ of mandate or injunction request shall be filed no later than the end of the 10-calendar-day public examination period.
(2)CA Elections Code § 13313(b)(2) A peremptory writ of mandate or an injunction shall issue only upon clear and convincing proof that the material in question is false, misleading, or inconsistent with the requirements of this chapter, and that issuance of the writ or injunction will not substantially interfere with the printing or distribution of official election materials as provided by law.
(3)CA Elections Code § 13313(b)(3) The elections official shall be named as respondent and the candidate who authored the material in question shall be named as the real party in interest. In the case of the elections official bringing the mandamus or injunctive action pursuant to this subdivision, the board of supervisors of the county shall be named as the respondent and the candidate who authored the material in question shall be named as the real party in interest.
candidate statements public examination 10-day review period copying fees false information misleading statements writ of mandate injunction election materials legal challenges respondent real party in interest proof requirements printing interference board of supervisors
(Amended by Stats. 2002, Ch. 228, Sec. 12. Effective January 1, 2003.)

Section § 13314

Explanation

In California, if a voter sees a mistake or expects one in election-related materials like ballots or voter guides, they can request a court order to fix it. To get this court order, called a peremptory writ of mandate, they must prove that the mistake breaks election law or the Constitution and that fixing it won't disrupt the election. Such cases take precedence over other civil matters.

If the issue involves certain state measures or candidates (except judges), the Secretary of State must be involved in the case. If the Secretary of State or a statewide candidate is involved or if it's about a statewide ballot measure, the case must be filed in Sacramento County.

(a)Copy CA Elections Code § 13314(a)
(1)Copy CA Elections Code § 13314(a)(1) An elector may seek a writ of mandate alleging that an error or omission has occurred, or is about to occur, in the placing of a name on, or in the printing of, a ballot, county voter information guide, state voter information guide, or other official matter, or that any neglect of duty has occurred, or is about to occur.
(2)CA Elections Code § 13314(a)(2) A peremptory writ of mandate shall issue only upon proof of both of the following:
(A)CA Elections Code § 13314(a)(2)(A) That the error, omission, or neglect is in violation of this code or the Constitution.
(B)CA Elections Code § 13314(a)(2)(B) That issuance of the writ will not substantially interfere with the conduct of the election.
(3)CA Elections Code § 13314(a)(3) The action or appeal shall have priority over all other civil matters.
(4)CA Elections Code § 13314(a)(4) The Secretary of State shall be named as a respondent or a real party in interest in any proceeding under this section concerning a measure or a candidate described in Section 15375, except for a candidate for judge of the superior court.
(b)CA Elections Code § 13314(b) Venue for a proceeding under this section shall be exclusively in Sacramento County in any of the following cases:
(1)CA Elections Code § 13314(b)(1) The Secretary of State is named as a real party in interest or as a respondent.
(2)CA Elections Code § 13314(b)(2) A candidate for statewide elective office is named as a party.
(3)CA Elections Code § 13314(b)(3) A statewide measure that is to be placed on the ballot is the subject of the proceeding.
writ of mandate ballot error voter guide mistakes election material correction neglect of duty election law violation Constitution violation peremptory writ election process Secretary of State involvement Sacramento County venue statewide candidate statewide measure election precedence judicial candidate exclusion
(Amended by Stats. 2016, Ch. 422, Sec. 74. (AB 2911) Effective January 1, 2017.)

Section § 13316

Explanation
This law allows local governments like counties or cities, which use voting machines, to use copies of the voter information guides as mail-in ballots.
Notwithstanding any other law to the contrary, a county, city, city and county, or district using voting machines may use reasonable facsimiles of the county voter information guides sent to the voters of the local jurisdiction as vote by mail ballots.
voting machines voter information guides vote by mail ballots local jurisdiction reasonable facsimiles mail-in voting county elections city elections district elections vote by mail election procedures local government voting voter guides California elections absentee ballots
(Amended by Stats. 2016, Ch. 422, Sec. 76. (AB 2911) Effective January 1, 2017.)

Section § 13317

Explanation

This law allows local governments in California, like counties or cities, to use copies of the county voter information guides as mail-in ballots when they use vote tabulating devices.

Notwithstanding any other law to the contrary, a county, city, city and county, or district using vote tabulating devices may use reasonable facsimiles of the county voter information guides sent to the voters of the local jurisdiction as vote by mail ballots.
vote by mail ballots vote tabulating devices county voter information guides local jurisdiction voting mail-in voting process vote tabulation reasonable facsimiles California voting laws local government elections voting device regulations
(Amended by Stats. 2016, Ch. 422, Sec. 77. (AB 2911) Effective January 1, 2017.)