Parties Qualified To Participate In The Primary Election - - CA Elections

Section § 5100

This section explains the conditions under which a political party can take part in a primary election in California. A party qualifies if, in the last statewide primary, candidates who showed preference for it received at least 2% of the total votes. Alternatively, a party can qualify if at least 0.33% of registered voters had declared preference for it 135 days before a primary election. Lastly, parties can also qualify by petition if it's signed by voters equal to at least 10% of the votes from the last gubernatorial election.

Additionally, a party can request that votes for certain candidates not count towards their qualification threshold. Voters listed with an 'unknown' party preference aren't considered in registration totals. Petitions must clearly state the party name and desire to participate, following specific submission procedures.

A party is qualified to participate in a primary election under any of the following conditions:

(a)

(1) At the last preceding gubernatorial primary election, the sum of the votes cast for all of the candidates for an office voted on throughout the state who disclosed a preference for that party on the ballot was at least 2 percent of the entire vote of the state for that office.

(2) Notwithstanding paragraph (1), a party may inform the Secretary of State that it declines to have the votes cast for a candidate who has disclosed that party as the candidate’s party preference on the ballot counted toward the 2-percent qualification threshold. If the party wishes to have votes for a candidate not counted in support of its qualification under paragraph (1), the party shall notify the secretary in writing of that candidate’s name by the seventh day before the gubernatorial primary election.

(b)

(1) On or before the 135th day before a primary election, it appears to the Secretary of State, as a result of examining and totaling the statement of voters and their declared political preference transmitted to the Secretary of State by the county elections officials, that voters equal in number to at least 0.33 percent of the total number of voters registered on the 154th day before the primary election have declared their preference for that party.

(2) A person whose party preference is designated as “Unknown” pursuant to Section 2154 or 2267 shall not be counted for purposes of determining the total number of voters registered on the specified day preceding the election under paragraph (1).

(c) On or before the 135th day before a primary election, there is filed with the Secretary of State a petition signed by voters, equal in number to at least 10 percent of the entire vote of the state at the last preceding gubernatorial election, declaring that they represent a proposed party, the name of which shall be stated in the petition, which proposed party those voters desire to have participate in that primary election. This petition shall be circulated, signed, and verified, and the signatures of the voters on it shall be certified to and transmitted to the Secretary of State by the county elections officials substantially as provided for initiative petitions. Each page of the petition shall bear a caption in 18-point boldface type, which caption shall be the name of the proposed party followed by the words “Petition to participate in the primary election.”

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(Amended by Stats. 2021, Ch. 314, Sec. 17. (AB 796) Effective January 1, 2022.)

Section § 5100.5

This law explains that after a governor's election, the Secretary of State checks if political parties meet certain qualifications. If a party doesn't meet the criteria in Section 5100, it can't take part in primary elections. To participate in future primaries, parties must comply with Section 5100's conditions.

If a party wants to regain its qualification, it must notify the Secretary of State. Without this notice, the Secretary can remove the party's name from official lists and publications about qualified parties.

This law only applies to parties that have qualified for the first time after being a political body and not to those that have lost their status as a political party.

(a) Upon the occurrence of the gubernatorial election, each party shall have its qualifications reviewed by the Secretary of State. A party that does not meet the standards for qualification set forth in Section 5100 shall be prohibited from participating in any primary election. A party shall maintain its qualification to participate in any subsequent primary election by complying with any of the conditions specified in Section 5100.

(b) A party seeking qualification under provisions of this section and subdivision (b) or (c) of Section 5100 shall file formal notice with the Secretary of State that the party intends to regain qualification.

(c) Unless formal notice as required in subdivision (b) is timely received by the Secretary of State, he or she may have the name of the party omitted from any list, notice, ballot, or other publication containing the names of the parties qualified or seeking qualification that the Secretary of State may cause to be printed or published.

(d) For purposes of subdivision (b) of Section 8001, this section shall only be applicable to a party that has successfully obtained that status for the first time after having been a political body, and shall not apply to a political party that has been disqualified.

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(Added by Stats. 2000, Ch. 1081, Sec. 7. Effective January 1, 2001.)

Section § 5101

If a political party in California has too few registered members—specifically, if their numbers drop below a very small fraction of all voters—the party loses its qualified status and can't take part in the primary elections. The Secretary of State is responsible for removing the party's name from all official election materials.

Whenever the registration of any party that qualified in the previous direct primary election falls below one-fifteenth of 1 percent of the total state registration, that party shall not be qualified to participate in the primary election but shall be deemed to have been abandoned by the voters. The Secretary of State shall immediately remove the name of the party from any list, notice, ballot, or other publication containing the names of the parties qualified to participate in the primary election.

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(Enacted by Stats. 1994, Ch. 920, Sec. 2.)

Section § 5102

This law says that any political party that supports or is involved in activities promoting the violent overthrow of the U.S. government or the state government cannot participate in primary elections. This includes advocating for or justifying sabotage, violence, sedition, or treason through direct or indirect means.

No party shall be recognized or qualified to participate in any primary election that either directly or indirectly carries on, advocates, teaches, justifies, aids, or abets the overthrow by any unlawful means of, or that directly or indirectly carries on, advocates, teaches, justifies, aids, or abets a program of sabotage, force and violence, sedition or treason against, the government of the United States or of this state.

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(Enacted by Stats. 1994, Ch. 920, Sec. 2.)