6040-6043

ELECTIONS CODE
SECTION 6040-6043




6040.  This article shall apply to the designation of candidates by
the Secretary of State for placement only on the presidential primary
ballot.


6041.  The Secretary of State shall place the name of a candidate
upon the presidential primary ballot when he or she has determined
that the candidate is generally advocated for or recognized
throughout the United States or California as actively seeking the
nomination of the Democratic Party for President of the United
States. The Secretary of State shall include as criteria for
selecting candidates the fact of qualifying for funding under the
Federal Elections Campaign Act of 1974, as amended.
   Between the 150th day and the 68th day preceding a presidential
primary election, the Secretary of State shall publicly announce and
distribute to the news media for publication a list of the selected
candidates that he or she intends to place on the ballot at the
following presidential primary election.



6042.  When the Secretary of State decides to place the name of a
candidate on the ballot pursuant to Section 6041, he or she shall
notify the candidate that the candidate's name will appear on the
ballot of this state in the presidential primary election.
   The secretary shall also notify the candidate that the candidate
may withdraw his or her name from the list of recognized candidates
by filing with the Secretary of State an affidavit pursuant to
Section 6043 no later than the 68th day before the presidential
primary election.


6043.  If a selected candidate or an unselected candidate files with
the Secretary of State, no later than the time specified in Section
6042, an affidavit stating without qualification that he or she is
not now a candidate for the office of President of the United States,
and stating that similar documents, also without qualification, have
been or will be timely filed, where applicable, with the appropriate
public election official in all other states holding open
presidential primaries, that candidate's name shall be omitted from
the list of names certified by the Secretary of State to the county
elections officials for the ballot and his or her name shall not
appear on the ballot.