Regulations Governing Elections in CitiesNomination of Candidates
Section § 10220
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.
Section § 10220.5
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.
Section § 10221
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.
Section § 10222
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.
Section § 10223
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.
Section § 10224
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.
Section § 10224.5
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.
Section § 10225
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.
Section § 10226
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.
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Section § 10226.3
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.
Section § 10226.5
This law requires the Secretary of State to create standard forms for candidates to use when submitting their nomination papers and declarations of candidacy.
Section § 10227
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.
Section § 10228
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.
Section § 10229
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.
Section § 10230
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.