Section § 5000

Explanation

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.

(a)CA Elections Code § 5000(a) For purposes of this division, the definition of “party” in Section 338 is applicable.
(b)CA Elections Code § 5000(b) This chapter shall apply to political bodies and to parties not otherwise provided for in Division 7 (commencing with Section 7050).

Section § 5001

Explanation

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.

Whenever a group of electors desires to qualify a new political party meeting the requirements of Section 5100 or 5151, that group shall form a political body by:
(a)CA Elections Code § 5001(a) Holding a caucus or convention at which temporary officers shall be elected and a party name designated. The designated name shall not be so similar to the name of an existing party so as to mislead the voters, and shall not conflict with that of any existing party or political body that has previously filed notice pursuant to subdivision (b).
(b)CA Elections Code § 5001(b) Filing formal notice with the Secretary of State that the political body has organized, elected temporary officers, and declared an intent to qualify a political party pursuant to either Section 5100 or 5151, but not both. The notice shall include the names and addresses of the temporary officers of the political body.

Section § 5002

Explanation

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.'

Upon receipt of the notice specified in Section 5001, the Secretary of State shall notify each county elections official of the name of the political body, its intent to qualify as a political party, and whether it intends to qualify for the next primary election or for the next presidential general election.
In preparing the statement of voters and their political affiliations, the county elections officials shall tabulate by political affiliation the affidavits of registration of members of political parties qualified pursuant to Section 5100 or 5151, and political bodies formally declaring an intent to qualify as political parties pursuant to Section 5001. All other affidavits of registration, except those of persons declining to state a political affiliation, shall be tabulated as miscellaneous registrations.

Section § 5003

Explanation

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.

A political body within the first 70 days after filing the formal notice required by Section 5001 is entitled, upon request to the Secretary of State, to have counted toward its qualification as a political party affidavits of registration in which voters declared affiliation with the political body prior to the date the political body filed the formal notice with the Secretary of State.

Section § 5004

Explanation

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.

(a)CA Elections Code § 5004(a) If by the 135th day before any primary election, a political body filing notice of its intent to qualify for a primary election pursuant to Section 5001 has not qualified as a political party pursuant to Section 5100, the political body shall be considered to have abandoned its attempt to qualify as a political party and shall be ineligible to participate in the following primary election.
(b)CA Elections Code § 5004(b) If by the 102nd day before a presidential general election, a political body filing notice of its intent to qualify for a presidential general election pursuant to Section 5001 has not qualified as a political party pursuant to Section 5151, the political body shall be considered to have abandoned its attempt to qualify as a political party and shall be ineligible to participate in the following presidential general election.

Section § 5005

Explanation

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.

(a)CA Elections Code § 5005(a) Until otherwise provided for by statute, a political party newly qualified pursuant to Section 5100 shall carry on its activities in accordance with procedures applicable to any other political party that has detailed statutory provisions applicable to its operation as shall be designated by the newly qualified party. The temporary officers of the newly qualified political party elected pursuant to Section 5001 shall file notice of its selection with the Secretary of State not later than 30 days after the political party qualifies.
(b)CA Elections Code § 5005(b) Until otherwise provided for by statute, a political party newly qualified pursuant to Section 5151 shall carry on its activities in accordance with procedures applicable to any other political party that has detailed statutory provisions applicable to its operation as shall be designated by the newly qualified party, except that the newly qualified party shall not be required to use a primary election to nominate candidates for the offices of President and Vice President of the United States prior to the presidential general election at which the party qualifies to participate, whose names shall appear on the presidential general election ballot. The temporary officers of the newly qualified political party elected pursuant to Section 5001 shall file notice of its selection with the Secretary of State not later than 30 days after the political party qualifies.

Section § 5006

Explanation

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.

Any political party newly qualifying pursuant to Section 5100 shall conduct its presidential primary election in accordance with procedures applicable to any other political party that has detailed statutory provisions applicable to its presidential primary as shall be designated by the newly qualified party.
If a newly qualified political party has not elected permanent officers, the temporary officers shall notify the Secretary of State of the designated procedures the party has selected for its presidential primary, on or before the 125th day before the presidential primary election.