8400-8409
ELECTIONS CODE
SECTION 8400-8409
8400. 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.
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) 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) In determining from the records of registration, what number
of valid signatures are signed on the nomination paper, the elections
official may use the duplicate file of affidavits maintained, or may
check the signatures against facsimiles of voters' signatures,
provided that the method of preparing and displaying the facsimiles
is permitted by law.
(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) 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) If the nomination paper is found to be sufficient, the
elections official shall certify the results of the examination.
8402. 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.
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) 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) 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) 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) 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.
8404. 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.
8405. 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.
8406. 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 he or she is proposed for nomination. Each section
shall bear the name of the county in which it is circulated.
8407. The affidavit of any circulator obtaining signatures under
this chapter shall be verified free of charge by any officer
authorized to administer oaths.
8408. 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.
8409. 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 ) ss.
County of ____________
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) 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.
My residence address is _________________________
(Signed)
_________________________________________________
Circulator
Subscribed and sworn to before me this ____ day
of ____, 20_.
__________________
(SEAL) Notary Public (or other official)