Independent NominationsNomination Papers
Section § 8400
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.
Section § 8401
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.
Section § 8402
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.
Section § 8403
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.
Section § 8404
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.
Section § 8405
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.
Section § 8406
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.
Section § 8407
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.
Section § 8408
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.
Section § 8409
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.
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