Chapter 1New Party Qualifications
Section § 5000
This law clarifies how the term "party" is defined and applied. It says that the definition of "party" from another section (Section 338) is used here. Also, it mentions that this chapter pertains to political organizations and parties that are not covered by another specific part of the law, Division 7.
Section § 5001
When a group of voters wants to create a new political party in California, they need to start by forming a political body. First, they must hold a meeting to choose temporary leaders and decide on a party name. The name needs to be unique and not too similar to any existing party.
After that, they have to officially inform the Secretary of State. This notice must state that they have organized, elected temporary officers, and intend to qualify as a party. They can only aim to qualify under one specific section, either 5100 or 5151, not both. The notice should also include the names and addresses of their temporary leaders.
Section § 5002
When the Secretary of State receives notice from a group wanting to become a political party, they inform all county election officials about this group, including whether the group aims to participate in the next primary or presidential election. County election officials then organize voter registrations by political party. They count registrations for existing and potentially new parties, while those without a declared political affiliation go under 'miscellaneous.'
Section § 5003
If a group wants to become an official political party, they must file a formal notice first. Within 70 days of that filing, they can ask the Secretary of State to count any voter registrations where people declared their support for that group before the notice was filed. This helps the group meet the requirements to qualify as a political party.
Section § 5004
This law states that if a political group trying to become a recognized political party for a primary election hasn't succeeded 135 days before the election, their attempt is considered abandoned, and they can't participate in that primary. Similarly, if a group aiming for recognition for a presidential general election hasn't qualified 102 days before, they also can't participate in that election.
Section § 5005
This law describes how a newly qualified political party in California should operate before specific rules are established for it. These new parties must follow existing procedures used by other political parties as they begin their activities. Importantly, they must file notice of their selected temporary officers with the Secretary of State within 30 days of qualifying. For parties qualified under Section 5151, they don’t have to use a primary election to nominate presidential candidates for their first general election.
Section § 5006
If a new political party is officially recognized, it must hold its presidential primary election using the same rules as established parties. If the party hasn't elected permanent leaders yet, temporary leaders must inform the Secretary of State about their chosen procedures for the primary election at least 125 days beforehand.