Section § 10220

Explanation

If you want to run for a city office, you need to be nominated by voters. This must happen between the 113th and 88th day before the election. In larger cities (1,000 or more registered voters), you need 20-30 signatures, while in smaller cities, you need 5-10. Only one candidate can be named per nomination paper, and a voter can only sign for one candidate per office. If they sign more than once, only the first signature counts. Each city council seat is treated as a separate office, and the nomination paper must state if it's for a full or short term. Additionally, only qualified individuals can collect signatures, and each nomination paper has to be circulated by just one person.

Candidates may be nominated for any of the elective offices of the city in the following manner:
Not earlier than the 113th day nor later than the 88th day before a municipal election during normal office hours, as posted, the voters may nominate candidates for election by signing a nomination paper. Each candidate shall be proposed by not less than 20 nor more than 30 voters in a city of 1,000 registered voters or more, and not less than five nor more than 10 voters in a city of less than 1,000 registered voters, but only one candidate may be named in any one nomination paper. No voter may sign more than one nomination paper for the same office, and in the event the voter does so, that voter’s signature shall count only on the first nomination paper filed which contains the voter’s signature. Nomination papers subsequently filed and containing that voter’s signature shall be considered as though that signature does not appear thereon. Each seat on the governing body is a separate office. Any person who meets the requirements of Section 102 may circulate a nomination paper. Only one person may circulate each nomination paper. Where there are full terms and short terms to be filled, the term shall be specified in the nomination paper.

Section § 10220.5

Explanation

This law says that a candidate running for office in a local election can't submit papers to run for more than one position in the same city during the same election.

Notwithstanding any other provision of law, a candidate shall not file nomination papers for more than one municipal office or term of office for the same municipality in the same election.

Section § 10221

Explanation

This law section outlines the rules for nomination papers in elections. Generally, all signatures for a nomination must be on one sheet of paper, and each signer needs to include their address for location verification.

If a nomination paper doesn't have enough valid signatures, the elections official keeps the original and gives a copy to the candidate showing which signatures were valid. The candidate gets one chance to submit more signatures on a supplemental petition, marked clearly as "Supplemental Nomination Paper," which must be filed by the deadline for that office.

(a)CA Elections Code § 10221(a) Except as provided in subdivision (b), the signatures to each nomination paper shall be appended on the same sheet of paper, and each signer shall add his or her place of residence, giving the street and number, if any, or another designation of his or her place of residence, so as to enable its location to be readily ascertained.
(b)CA Elections Code § 10221(b) Once a nomination paper is filed with the elections official, the nomination paper may not be returned to the candidate to obtain additional signatures. If the nomination paper is determined to be insufficient or the candidate fails to obtain the correct number of valid signatures on his or her nomination paper, the elections official shall retain the original nomination paper, provide a copy of the nomination paper to the candidate with an indication on of which signatures are valid, and issue one supplemental petition to the candidate on which the candidate may collect additional signatures. The supplemental petition shall be filed not later than the last day for filing for that office. The form of the supplemental petition shall be the same as the nomination paper, except that the word “Supplemental” shall be inserted above the phrase “Nomination Paper.”

Section § 10222

Explanation

In California, anyone who collects signatures for a nomination paper must include a sworn statement, known as an affidavit. This person swearing the affidavit confirms that they personally witnessed all the signatures being written and can verify they belong to the people listed.

Every nomination paper shall have annexed an affidavit of the person who circulated it, to the effect that he or she saw written all the signatures appended thereto, and knows that they are the signatures of the persons whose names they purport to be.

Section § 10223

Explanation

When someone is nominated to run for a political position, they must have a declaration of candidacy included with their nomination papers. This is required under another specific section of the law, Section 10226.3.

Each nomination paper shall be accompanied by a declaration of candidacy pursuant to Section 10226.3.

Section § 10224

Explanation

In California, candidates running for city office must submit their nomination papers to the city elections official during the regular working hours, no later than 88 days before the election. Candidates can also withdraw their nomination papers any time before this deadline.

All nomination papers shall be filed with the city elections official during regular business hours as posted, not later than the 88th day before the election. Until that time, but not after, a candidate may withdraw his or her nomination paper after it is filed with the elections official as provided in this section.

Section § 10224.5

Explanation

This law requires that at least three days before the deadline to submit nomination papers for a city election, the city elections official must make certain information public. This can be either by posting on the city's website or issuing a public notice. The notice must include: the list of offices to be filled, whether current officeholders have received nomination papers for open spots, if there's no eligible incumbent due to redistricting, where to get nomination papers, and where and when to file the completed papers.

No later than three days before the deadline for submission of nomination papers for a municipal election, the city elections official shall post on the city’s internet website, or publish a public notice that includes all of the following:
(a)CA Elections Code § 10224.5(a) A list of the offices to be filled.
(b)CA Elections Code § 10224.5(b) Whether the city elections official has furnished nomination papers to the incumbent for each open office.
(c)CA Elections Code § 10224.5(c) Whether, due to redistricting, there is no eligible incumbent for an open office.
(d)CA Elections Code § 10224.5(d) The location where nomination papers may be obtained.
(e)CA Elections Code § 10224.5(e) The location, dates, and hours of operation of the office where completed nomination papers may be filed.

Section § 10225

Explanation

This law specifies what happens if an incumbent city officer doesn't file nomination papers on time. If they fail to file by the 88th day before the election, or if they withdraw them before the deadline that day, other candidates have until the 83rd day before the election to nominate themselves for that position.

This rule doesn't apply if there's no eligible incumbent to run for re-election. Additionally, candidates are allowed to withdraw their nomination papers anytime up until the 83rd day before the election.

(a)CA Elections Code § 10225(a) Notwithstanding Sections 10220 and 10224, if nomination papers for an incumbent officer of the city are not filed by or on the 88th day before the election, during normal business hours, as posted, or are filed but then are withdrawn before the close of normal business hours on the 88th day before the election, the voters shall have until the 83rd day before the election during normal business hours, as posted, to nominate candidates other than the person who was the incumbent on the 88th day, for that incumbent’s elective office.
(b)CA Elections Code § 10225(b) This section is not applicable where there is no incumbent eligible to be elected. If this section is applicable, notwithstanding Section 10224, a candidate may withdraw their nomination paper until the 83rd day before the election during normal business hours, as posted.

Section § 10226

Explanation

This section outlines the format and required information for the nomination paper and affidavit of a circulator, used in municipal elections. Signers assert that they are residents and registered voters at the listed address and have not signed more than allowed for the office in question.

The circulator's affidavit confirms they are at least 18 years old, their address, the time period when signatures were collected, and that each signature is genuine and witnessed by them.

It must be sworn before a notary or official. Additionally, it warns that failing to file a nomination paper correctly and timely, as required, is a misdemeanor.

(a)CA Elections Code § 10226(a) The nomination paper shall be in substantially the following form:
NOMINATION PAPER
I, the undersigned signer for ______ for nomination to the office of ____, to be voted for at the municipal election to be held on the ____ day of ____, 20__, hereby assert as follows:
I am a resident of the municipality of ____ and registered to vote at the address shown on this paper. I am not at this time a signer of any other nomination paper of any other candidate for the above-named office, or in case there are several places to be filled in the above-named office, I have not signed more nomination papers than there are places to be filled in the above-named office. My residence is correctly set forth after my signature hereto:
Name 
Residence 
(b)CA Elections Code § 10226(b) The affidavit of the circulator shall read as follows:
AFFIDAVIT OF THE CIRCULATOR
I, ______, solemnly swear (or affirm) all of the following:
1.That I am 18 years of age or older.
2.That my residence address, including street and number, is
.
 [If no street or number exists, a designation of my residence adequate to readily ascertain its location is
.]
3.That the signatures on this section of the nomination paper were obtained between _____, 20__, and _____, 20__; that I circulated the petition and I witnessed the signatures on this section of the nomination paper being written; and that, to the best of my information and belief, each signature is the genuine signature of the person whose name it purports to be.
Signed
Subscribed and sworn to before me this ___________ day of _____________, 20__.
(SEAL)Notary Public (or other official) _____
Examined and certified by me this ___________ day of _____________, 20__.
  Elections Official
WARNING: Every person acting on behalf of a candidate is guilty of a misdemeanor who deliberately fails to file at the proper time and in the proper place any nomination paper in the person’s possession which is entitled to be filed under Section 18202 of the Elections Code.

Section § 10226.3

Explanation

This law outlines the process for a candidate to declare their candidacy for a municipal election in California. Candidates must fill out a form providing their name, district number, desired ballot designation, addresses, phone numbers, website, and affirm their eligibility. A notary public must verify their identity, but not the information's accuracy on the form.

It warns against delaying or improperly filing candidacy forms. If a candidate's voter registration information is confidential, their residence address can be withheld, but it must be verified for eligibility by the election official. If a candidate is out of state during the nomination period, they can use an out-of-state notary, attaching the notarial certificate as proof.

(a)CA Elections Code § 10226.3(a) The declaration of candidacy by a candidate shall be substantially as follows:
DECLARATION OF CANDIDACY
I hereby declare myself a candidate for nomination to the office of ________ District Number ________ to be voted for at the municipal election to be held ________, 20__, and declare the following to be true:
My name is .
I want my name and occupational designation to appear on the ballot as follows: ______________________________________.
Addresses:
Residence 
    
Business  
  
Mailing
  
Telephone numbers: Day _________ Evening _________
Internet website:_______________________________________
I meet the statutory and constitutional qualifications for this office (including, but not limited to, citizenship, and residency).
I am at present an incumbent of the following public office
(if any) __________.
If nominated, I will accept the nomination, and if elected, I will accept the office.
Signature of candidate
State of California
 )
County of
 ) ss.
 )
Subscribed and sworn to before me this ___ day of ________, 20____.
Signature of Notary Public (or other official)
Notary Public Seal
Examined and certified by me this ________ day of ________, 20____.
 County Elections Official
WARNING: Every person acting on behalf of a candidate is guilty of a misdemeanor who deliberately fails to file at the proper time and in the proper place any declaration of candidacy in the person’s possession which is entitled to be filed under the provisions of the Elections Code Section 18202.
(b)CA Elections Code § 10226.3(b) At the discretion of the elections official, a candidate for any office whose voter registration information is confidential under Section 2166, 2166.5, 2166.7, or 2166.8 may withhold the candidate’s residence address from the declaration of candidacy. If a candidate does not state the candidate’s residence address on the declaration of candidacy, the elections official shall verify whether the candidate’s address is within the appropriate political subdivision and add the notation “verified” where appropriate on the declaration.
(c)CA Elections Code § 10226.3(c) If a candidate will not be within the State of California within the entire nomination period and is unable to appear before a notary public appointed by the Secretary of State or other state official to complete their declaration of candidacy, the candidate may appear before a notary public in another state to complete the declaration of candidacy. The candidate shall attach to their declaration of candidacy a notarial certificate from the out-of-state notary that complies with the law of the notary’s state.

Section § 10226.5

Explanation

This law requires the Secretary of State to create standard forms for candidates to use when submitting their nomination papers and declarations of candidacy.

The Secretary of State shall establish uniform filing forms for candidates to use when filing nomination papers pursuant to Section 10226 and a declaration of candidacy pursuant to Section 10226.3.

Section § 10227

Explanation

This law section says that forms needed to run for city office can only be handed out by the city elections official during regular working hours. When the forms are given out, the official will type in the candidate's name and the office they are running for. They will also stamp the form with an 'Official Filing Form' mark, sign it, and note the date. These forms are given to candidates for free.

All forms required for nomination and election to all municipal offices shall be furnished only by the city elections official during regular business hours. At the time of issuance of those forms the city elections official shall type in the forms the name of the candidate and the office for which he is a candidate, shall imprint a stamp which reads “Official Filing Form,” and shall affix his or her signature. At the time nomination papers are issued to a candidate, the city elections official shall imprint the date. The forms shall be distributed without charge to all candidates applying for them.

Section § 10228

Explanation

When someone wants to run for a position in a city election, they may have to pay a small fee when submitting their nomination papers. The city council decides how much this fee should be and makes it official through an ordinance. However, the fee can't be more than $25.

A filing fee proportionate to the costs of processing a candidate’s nomination papers or a candidate’s supplemental nomination papers filed pursuant to subdivision (b) of Section 10221 as determined by the city council and set by ordinance, but not exceeding twenty-five dollars ($25), may be imposed, to be paid upon the filing of the nomination papers.

Section § 10229

Explanation

This law outlines the procedures a city must follow when no candidate or only one candidate is nominated for a municipal office by a specific deadline before the election. If this situation arises, the city can choose to appoint the nominated person, appoint an eligible voter if no one is nominated, or hold the election regardless. The city must publish a notice detailing the situation and options available. If no appointment is made by 75 days before the election, the election must proceed. However, this law doesn't apply if other offices have multiple nominees or if there's a city measure on the ballot. Additionally, once an appointment is made, no more write-in candidates can be accepted for that election. Furthermore, cities can pass ordinances to hold special elections or set terms if appointments are made due to vacancies.

If a vacancy is filled in one legislative district by appointment, it doesn't impact elections in other districts.

(a)CA Elections Code § 10229(a) If, by the 88th day, during normal business hours as posted, before the day fixed for a regularly scheduled municipal election or the 83rd day before the election, during normal business hours as posted, if an incumbent fails to file or files but then withdraws pursuant to Section 10225, (i) no one or only one person has been nominated for any office that is elected on a citywide basis, or (ii) no one or only one person is nominated to be elected from or by a legislative district, or (iii) in the case of any office or offices to be elected at large, the number of persons who have been nominated for those offices does not exceed the number to be filled at that election; or, if, by the 88th day, during normal business hours as posted, before a municipal election to fill any vacancy in office, no one or only one person has been nominated for any elective office to be filled at that election, and the election is subject to Section 36512 of the Government Code, the city elections official shall submit a certificate of these facts to the governing body of the city and inform the governing body of the city that it may, at a regular or special meeting held before the municipal election, adopt one of the following courses of action:
(1)CA Elections Code § 10229(a)(1) Appoint to the office the person who has been nominated.
(2)CA Elections Code § 10229(a)(2) Appoint to the office an eligible elector if no one has been nominated.
(3)CA Elections Code § 10229(a)(3) Hold the election, if either no one or only one person has been nominated. The city elections official shall publish a notice of the facts described in this section and the courses of action available under this subdivision. Publication shall be made pursuant to Section 6061 of the Government Code in any newspaper of general circulation as designated by the city elections official.
After the fifth day following the date of posting or publication, the governing body of the city may make the appointment or direct an election to be held in the affected territory. The person appointed, if any, shall qualify and take office and serve exactly as if elected at a municipal election for the office.
Notwithstanding Section 10403, if, by the 75th day before the municipal election, no person has been appointed to office pursuant to paragraph (1) or (2), the election shall be held.
(b)CA Elections Code § 10229(b) Subdivision (a) shall not apply if, at the regularly scheduled municipal election, more than one person has been nominated to another city office to be elected on a citywide basis or a city measure has qualified and is to be submitted to the voters at that municipal election.
(c)CA Elections Code § 10229(c) Notwithstanding Chapter 1 (commencing with Section 8600) of Part 3 of Division 8, or any other provision of the law to the contrary, if the governing body of a city makes an appointment pursuant to subdivision (a), the elections official shall not accept for filing any statement of write-in candidacy that is submitted after the appointment is made.
(d)CA Elections Code § 10229(d) Nothing in this section shall be construed to prevent a city from enacting an ordinance pursuant to Section 36512 of the Government Code, requiring that a special election be held, or from enacting an ordinance pursuant to Section 36512 of the Government Code, providing that a person appointed to fill a vacancy on the city council shall hold office only until the date of the special election, or both. Any ordinance or ordinances may allow for appointment consistent with subdivision (a) without requiring or providing for a special election.
If an appointment to office is made in a particular legislative district pursuant to subdivision (a), that appointment shall not affect the conduct of the municipal election in other legislative districts of the city.

Section § 10230

Explanation

This law states that if a city changes the date of its general municipal election, either through an ordinance or through its charter, the time allowed for candidates to file for this election will match the filing period for the other election it's being combined with.

If the date of a general municipal election is changed by municipal ordinance pursuant to subdivision (a) of Section 10403.5 or by charter, the period to file as a candidate for the general municipal election shall be the same as the nomination period to file as a candidate for the election in which the general municipal election is consolidated, notwithstanding Section 10220.