Direct PrimaryNomination Documents
Section § 8020
In California, to have a candidate's name printed on the direct primary ballot, certain documents must be filed with the county elections official. These include a declaration of candidacy, nomination papers, and any necessary qualification documentation. The documents must be available starting 113 days before the primary, or 158 days if running for a county central committee, and submitted by 5 p.m. on the 88th day before the election. Someone other than the candidate can deliver these documents.
Upon receiving the nomination documents, the county official provides a receipt. Importantly, candidates can request a declaration of candidacy without needing to sign it to obtain their nomination papers.
Section § 8020.5
Under this law, if a candidate decides to withdraw from running for any non-statewide office after submitting their nomination documents, they can do so by submitting a statement of withdrawal to the county elections official. This statement must be signed under penalty of perjury and specify the office from which they're withdrawing, that the withdrawal is irreversible, that their name won't appear on the ballot, and that they understand they won’t get a refund for any filing fees. If the withdrawal isn’t signed directly in the election office, it needs to be notarized.
The deadline to withdraw is 5 p.m. on the 88th day before the election, unless the filing period is extended, in which case it's 5 p.m. on the 83rd day. Candidates can file for a different office in the same election cycle, except for the one they've withdrawn from.
If they don’t file for another office, they won't appear on the ballot. When withdrawal forms are submitted for an office requiring filings with the Secretary of State, the county official must quickly inform both the Secretary of State and other impacted counties. The term ‘statewide office’ includes positions like Governor, Lieutenant Governor, and U.S. Senate, among others.
Section § 8021
This law states that nomination documents for elections, which are required to be filed with the local elections official and not the Secretary of State, must be submitted by the 83rd day before the primary election.
Section § 8022
If a current state Senator, Assembly Member, state constitutional officer, Insurance Commissioner, U.S. Representative, or U.S. Senator doesn't submit their nomination papers by 5 p.m. on the 88th day before the primary election, or if they withdraw them by that time, someone else can submit nomination papers until 5 p.m. on the 83rd day before the election. However, if the incumbent can't file due to term limits, the deadline extension doesn't apply.
Section § 8023
This law outlines the steps that candidates must follow when running for a judicial office in California. Candidates need to file a written declaration stating their intention to run for office at least five days before they can start getting nomination signatures, but no more than 14 days before this. If the current judge doesn't file their declaration on time, others can file instead. Candidates need to use a specific form but don't have to include their home address, although they must give their address to election officials for verification. This rule applies to all types of judicial offices.
Section § 8024
If a current county officer running for re-election does not submit their nomination papers by 5 p.m. on the 88th day before the primary election, or submits but then withdraws them before that deadline, other candidates can submit their nomination papers until 5 p.m. on the 83rd day before the election. This rule does not apply if there's no eligible incumbent running for the position.
Section § 8025
If a candidate running for a voter-nominated office dies after the last date to submit nomination documents but at least 83 days before the election, others can still submit nomination documents for that office. This can be done until 5 p.m. on the 74th day before the election, regardless of their party preference or if they have none. Once submitted, the elections official must certify and send these documents to the Secretary of State immediately.
Section § 8026
If a candidate running for a nonpartisan statewide, countywide, or citywide office dies, or if the incumbent in these positions dies, after a specific deadline and there's only one other candidate, the election is void and any votes will not count. This does not apply to judicial elections or write-in candidates.
In such cases, a special election must be held. This election should be arranged within 14 days of the death and conducted no later than 88 days after the decision to hold it. Special rules regarding nomination papers and signature collection for candidates apply, which are adjusted to fit the new election timeline. Past candidates who paid a filing fee won't need to pay again but must submit new nomination papers.
Election officials, including the Secretary of State, must ensure that voters do not mistakenly vote in canceled elections. This law also influences primary elections and links to other statutes if a candidate dies before a runoff election.
Section § 8027
If a candidate for a nonpartisan office (besides a judicial office) dies between the 88th and 68th day before an election and there's only one other candidate on the ballot, the filing for nominations reopens. This allows other qualified individuals to become candidates.
These new candidates can submit their nomination papers starting the day after the candidate's death and must do so by 5 p.m. on the 68th day before the election. They won't be able to use petitions to waive filing fees, but need to follow standard nomination procedures otherwise.
Section § 8028
If you want to run as a candidate, you typically have to fill out your candidacy form right at the elections official's office. However, you can allow someone else to pick up the form for you by writing a signed statement giving them permission. Keep in mind, this form needs to be completed and sent back to your county's elections official by a specific deadline, which is 88 days before the primary election. The signed statement is kept on file by the elections office.