This chapter applies to a political body that did not qualify to participate in a presidential primary election pursuant to Section 5100 but nevertheless seeks qualification to participate in the following presidential general election through the nomination of candidates for President and Vice President of the United States by nominating convention, or some means other than a primary election, to appear on the ballot at the presidential general election. For purposes of this chapter, participating in a presidential general election does not include using the general election ballot for the purpose of electing state party or county central committee officers.
Chapter 2.5Parties Qualified to Participate in the Presidential General Election
Section § 5150
This law is about political parties that didn't qualify to take part in the presidential primary election but still want to have their candidates for President and Vice President on the ballot for the presidential general election. It allows them to qualify by holding a nominating convention or another method besides a primary election. However, it doesn't cover using the general election ballot for choosing state or county party leaders.
political body qualification presidential general election nominating convention certificate of nomination primary election alternative ballot access presidential candidates Vice President candidates state party officers county central committee nominating candidates participation in presidential elections election ballot guidelines
Section § 5151
This law explains how a political party can qualify to participate in a presidential general election in California:
(a) The party must have participated in the preceding presidential primary.
(b) The party's candidates must have received at least 2% of the vote in the last gubernatorial primary unless the party declines to count certain votes.
(c) At least 0.33% of registered voters must have declared preference for the party by a specific date.
(d) A petition must be filed, by a specific deadline, signed by voters equal to 10% of the votes in the last gubernatorial election, stating their desire for the proposed party to participate.
A party is qualified to participate in a presidential general election under any of the following conditions:
(a)CA Elections Code § 5151(a) The party qualified to participate and participated in the presidential primary election preceding the presidential general election pursuant to Section 5100.
(b)Copy CA Elections Code § 5151(b)
(1)Copy CA Elections Code § 5151(b)(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)CA Elections Code § 5151(b)(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 his or her 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.
(c)Copy CA Elections Code § 5151(c)
(1)Copy CA Elections Code § 5151(c)(1) If on or before the 102nd day before a presidential general 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 him or her 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 123rd day before the presidential general election have declared their preference for
that party.
(2)CA Elections Code § 5151(c)(2) A person whose party preference is designated as “Unknown” pursuant to Section 2154 or 2265 shall not be counted for purposes of determining the total number of voters registered on the specified day preceding the election under paragraph (1).
(d)CA Elections Code § 5151(d) On or before the 135th day before a presidential general 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 presidential general 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 presidential general election.”
presidential general election party qualification presidential primary participation gubernatorial primary election 2 percent vote threshold Secretary of State notification 0.33 percent voter declaration Unknown party preference petition for participation voter signature requirement county elections officials initiative petition certification proposed party name 135th day deadline before election
Section § 5152
This section outlines the process for political parties in California to maintain or regain their qualification to participate in presidential elections. After a gubernatorial election, a party's qualifications are reviewed. If a party doesn't meet the required standards, it can't participate in the presidential general election. To maintain or regain qualification, a party must comply with certain conditions and file a notice with the Secretary of State. If this notice isn't filed on time, the party may be excluded from official lists and publications. This process specifically applies to new parties that have qualified for the first time, not those that have been disqualified.
(a)CA Elections Code § 5152(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 5151 shall be prohibited from participating in the presidential general election. A party shall maintain its qualification to participate in any subsequent presidential general election by complying with any of the conditions specified in Section 5151.
(b)CA Elections Code § 5152(b) A party seeking qualification under provisions of this section and subdivision (c) or (d) of Section 5151 shall file formal notice with the Secretary of State that the party intends to regain qualification.
(c)CA Elections Code § 5152(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)CA Elections Code § 5152(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.
gubernatorial election political party qualification presidential general election Secretary of State notice regaining qualification party disqualification qualification review election participation standards formal notice filing list exclusion new political parties first-time qualification party status maintenance Section 5151 conditions election process compliance
Section § 5153
If a political party's registered voters drop below a tiny fraction of the total state registration (less than 1/15th of 1%), that party is not allowed to take part in the upcoming presidential election. The Secretary of State will quickly remove the party's name from any official materials about the election.
Whenever the registration of any party that qualified in the previous general election falls below one-fifteenth of 1 percent of the total state registration, that party shall not be qualified to participate in a presidential general 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 a presidential general election.
political party disqualification voter registration threshold presidential election participation removal from ballot abandoned party party qualification criteria Secretary of State actions election materials exclusion state registration percentage voter registration criteria election rules party registration requirements
Section § 5154
This law says that any political party wanting to take part in a presidential general election can't do so if they support or engage in activities that promote the violent overthrow or disruption of the U.S. or California state government. This includes teaching or justifying such actions.
No party shall be recognized or qualified to participate in a presidential general 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.
political party disqualification presidential general election unlawful government overthrow sabotage violence advocacy sedition treason aiding violent activities U.S. government state government disruption of government party qualification election participation requirements advocacy of violence illegal activities
