Section § 8400

Explanation

If you're running for a statewide office in California, you need nomination papers signed by at least 1% of all registered voters in the state based on the last general election. For non-statewide offices, you need signatures from at least 3% of registered voters in your specific area. For special elections to fill vacancies in positions like Representative in Congress or State Senator, you need between 500 and 1,000 signatures or 1% of the vote from the last election, whichever is fewer.

Nomination papers for a statewide office for which the candidate is to be nominated shall be signed by voters of the state equal to not less in number than 1 percent of the entire number of registered voters of the state at the time of the close of registration prior to the preceding general election. Nomination papers for an office, other than a statewide office, shall be signed by the voters of the area for which the candidate is to be nominated, not less in number than 3 percent of the entire number of registered voters in the area at the time of the close of registration prior to the preceding general election. Nomination papers for Representative in Congress, State Senator or Assembly Member, to be voted for at a special election to fill a vacancy, shall be signed by voters in the district not less in number than 500 or 1 percent of the entire vote cast in the area at the preceding general election, whichever is less, nor more than 1,000.

Section § 8401

Explanation

This law explains the process for verifying signatures on a nomination paper with more than 500 signatures. Elections officials can use random sampling to verify signatures, ensuring each one has an equal chance of being checked. If the sample suggests the number of valid signatures is close to the required amount, all signatures need examination. If valid, a certificate of sufficiency is issued, and the candidate is informed. If insufficient, no action is taken, but a new nomination paper may be filed.

(a)CA Elections Code § 8401(a) Upon receiving the nomination paper if, from the examination of such pursuant to Section 8400, more than 500 signatures have been signed on the nomination paper petition, the elections official may use a random sampling technique for verification of signatures. The random sample of signatures to be verified shall be drawn in such a manner that every signature filed with the elections official shall be given an equal opportunity to be included in the sample. The random sampling shall include an examination of at least 500 or 5 percent of the signatures, whichever is greater.
(b)CA Elections Code § 8401(b) If the statistical sampling shows that the number of valid signatures is within 90 to 110 percent of the number of signatures of qualified voters needed to declare the nomination paper sufficient, the elections official shall examine and verify each signature filed.
(c)CA Elections Code § 8401(c) In determining from the records of registration, what number of valid signatures are signed on the nomination paper, the elections official may check the signatures against facsimiles of voters’ signatures, provided that the method of preparing and displaying the facsimiles is permitted by law.
(d)CA Elections Code § 8401(d) The elections official shall attach to the nomination paper, a certificate showing the result of this examination, and shall notify the candidate of either the sufficiency or insufficiency of the nomination paper.
(e)CA Elections Code § 8401(e) If the nomination paper is found insufficient, no action shall be taken on the nomination paper. However, the failure to secure sufficient signatures, shall not preclude the submission later of an entirely new nomination paper to the same effect.
(f)CA Elections Code § 8401(f) If the nomination paper is found to be sufficient, the elections official shall certify the results of the examination.

Section § 8402

Explanation

Once the required number of valid signatures for a candidate is received, the election official cannot accept any more nomination paper sections for that candidate.

When a nomination paper or sections of a nomination paper have been received which contain the number of valid signatures required in Section 8400, the officer with whom those papers are required to be left shall not accept additional sections of the nomination paper for the candidate named in it.

Section § 8403

Explanation

This law outlines the rules for handling nomination papers for elections. Candidates must submit their nomination papers between 148 and 88 days before the election if there is a filing fee, or between 193 and 88 days if there's no fee. Once submitted to the county elections official, the papers must be forwarded to the Secretary of State within 24 days. If a candidate doesn't submit enough signatures in a county for a district solely within that county, the nomination is void, and no verification is needed. When a district spans multiple counties, the county elections official reports signature totals to the Secretary of State within two days. The Secretary of State will notify counties if there aren't enough signatures statewide, negating the need for verification.

(a)Copy CA Elections Code § 8403(a)
(1)Copy CA Elections Code § 8403(a)(1) Nomination papers shall be prepared, circulated, signed, and delivered to the county elections official for examination no earlier than 148 days before the election and no later than 5 p.m. 88 days before the election.
(2)CA Elections Code § 8403(a)(2) For offices for which no filing fee is required, nomination papers shall be prepared, circulated, signed, and delivered to the county elections official for examination no earlier than 193 days before the election and no later than 5 p.m. 88 days before the election.
(b)CA Elections Code § 8403(b) All nomination documents that are required to be filed in the office of the Secretary of State shall, within 24 days after being left with the county elections official in compliance with paragraph (1) or (2) of subdivision (a), be forwarded by the county elections official to the Secretary of State, who shall receive and file them.
(c)CA Elections Code § 8403(c) If the total number of signatures submitted to a county elections official for an office entirely within that county does not equal the number of signatures needed to qualify the candidate, the county elections official shall declare the petition void and is not required to verify the signatures. If the district falls within two or more counties, the county elections official shall within two working days report in writing to the Secretary of State the total number of signatures submitted.
(d)CA Elections Code § 8403(d) If the Secretary of State finds that the total number of signatures submitted in the district or state is less than the minimum number required to qualify the candidate he or she shall within one working day notify in writing the counties involved that they need not verify the signatures.

Section § 8404

Explanation

If you're signing a nomination paper to support someone's candidacy for an office, you can only sign one such paper per election for that office. However, if multiple positions are being filled for the same office, you can sign for as many candidates as there are positions available. Signing multiple papers in such cases is allowed and doesn't break any rules. When you sign, you must include your home address, including street and number if applicable.

Each signer of a nomination paper shall sign but one paper for the same office, except that in case two or more persons are to be elected to the same office at the same election, an elector may sign the nomination papers of as many persons as there are persons to be elected to the office, and that act on the part of an elector shall not be deemed in conflict with the signer’s statement prescribed in this chapter.
The signer shall state his or her place of residence, giving his or her street and number, if any.

Section § 8405

Explanation

This law says that if an independent candidate submits a petition to waive their filing fee, the county elections official must count all the valid signatures from that petition as part of the total required signatures for both avoiding the filing fee and the nomination paper. If the candidate does not have enough signatures in the initial petition, they can still file additional nomination papers within the allowed time to gather the required number of signatures.

Notwithstanding any other provision of law to the contrary, if an independent candidate submits an in-lieu-filing-fee petition pursuant to Section 8106, the county elections official, upon the request of the candidate, shall accept all valid signatures appearing on the candidate’s in-lieu-filing-fee petition toward the number of signatures required to be submitted on an in-lieu-filing-fee petition and on a nomination paper.
If the in-lieu-filing-fee petition does not contain the requisite number of signatures required under Section 8400, the candidate shall be entitled to file, within the time period allowed for filing nomination papers, a nomination paper in order to obtain the requisite number of valid signatures required to be submitted to the elections official pursuant to this chapter.

Section § 8406

Explanation

In California, if you are collecting signatures to nominate someone for office, you can divide the nomination forms into sections. However, each section must clearly list the candidate's name and the office they are running for. Additionally, each section must also indicate the county where these forms are being circulated.

Any nomination paper may be presented in sections, but each section shall contain the name of the candidate and the name of the office for which the candidate is proposed for nomination. Each section shall bear the name of the county for which it is circulated.

Section § 8407

Explanation

If someone is collecting signatures as a circulator for a petition, they must have their signature-gathering affidavit verified by an officer who can legally administer oaths, and this service should be provided at no cost.

The affidavit of any circulator obtaining signatures under this chapter shall be verified free of charge by any officer authorized to administer oaths.

Section § 8408

Explanation

This law states that once a nomination paper has been verified, it is assumed that the signatures on it are real and belong to actual voters. However, this can be challenged by comparing the signatures to the voter registration records held by the county elections office.

A verified nomination paper is prima facie evidence that the signatures to it are genuine and that the persons signing it are voters unless it is otherwise proven by comparison of the signatures with the affidavits of registration in the office of the county elections official.

Section § 8409

Explanation

This section outlines the format and content required for a nomination paper for candidates in elections. It mandates that candidates or groups of candidates fill out a form indicating their name, the office they are running for, and other identification details.

The nomination paper includes a 'Signer's Statement' where voters in the county nominate the candidate and declare they haven't signed for anyone else running for the same office.

Additionally, there is a 'Circulator’s Affidavit' which needs to be completed by the person collecting signatures, affirming their age, address, and confirming they witnessed all the signatures on the paper.

The affidavit must be signed by the circulator and notarized, verifying the legitimacy of the nomination process.

Each candidate or group of candidates shall submit a nomination paper that shall be substantially in the following form:
County of _______.Nomination paper of ______, candidate for the office of _______.
State of California
County of

ss.
SIGNER’S STATEMENT
I, undersigned, am a voter of the County of ______, State of California. I hereby nominate __________, who resides at No. ______, ________ Street, City of ________, County of ______, State of California, as a candidate for the office of _______ to be voted for at the election to be held on the ______ day of ______, 20___. I have not signed the nomination paper of any other candidate for the same office.
 
 
 
 
 
Number Signature
 
Printed Name
 
Residence
 1.  
 
 
 2. 
 
 
 3. 
 
 
 4. 
 
 
 5. 
 
 
etc.
 
 
CIRCULATOR’S AFFIDAVIT
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 I secured signatures in the County of ______ to the nomination paper of ________ as candidate for the office of ______; that the signatures were obtained between _______, 20__, and ________, 20__; that I saw all the signatures on this section of the nomination paper being signed 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) Circulator
Subscribed and sworn to before me this ______ day of ______, 20__.
(SEAL) _____
Notary Public (or other official)