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SB-25 Declaration of candidacy: notary.(2023-2024)



Current Version: 06/29/23 - Chaptered

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SB25:v95#DOCUMENT

Senate Bill No. 25
CHAPTER 26

An act to amend Section 8040 of the Elections Code, relating to elections.

[ Approved by Governor  June 29, 2023. Filed with Secretary of State  June 29, 2023. ]

LEGISLATIVE COUNSEL'S DIGEST


SB 25, Skinner. Declaration of candidacy: notary.
Existing law requires a candidate for public office to file a declaration of candidacy that contains, among other things, the residence address of the candidate. Existing law requires the declaration to be subscribed and sworn before a notary public or other official.
This bill would authorize a candidate who will not be in the State of California during the entire nomination period to appear before a notary public of another state to complete the declaration of candidacy, as specified.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 8040 of the Elections Code is amended to read:

8040.
 (a) The declaration of candidacy by a candidate shall be substantially as follows:
DECLARATION OF CANDIDACY
I hereby declare myself a candidate for nomination to the office of ________ District Number ________ to be voted for at the primary election to be held ________, 20__, and declare the following to be true:
My name is .
I want my name and occupational designation to appear on the ballot as follows: ______________________________________.
Addresses:
Residence 
    
Business  
  
Mailing
  
Telephone numbers: Day _________ Evening _________
Internet website:_______________________________________
I meet the statutory and constitutional qualifications for this office (including, but not limited to, citizenship, residency, and party preference, if required).
I am at present an incumbent of the following public office
(if any) __________.
If nominated, I will accept the nomination and not withdraw.
Signature of candidate
A candidate for voter-nominated office shall also complete all of the following:
(1) I hereby certify that:
(a) At the time of presentation of this declaration, as shown by my current affidavit of registration, I have disclosed the following political party preference, if any: .
(b) My complete voter registration and party affiliation/preference history, from [10 years prior to current year] through the date of signing this document, is as follows:
Party Registration
County
Timeframe (by year)
(2) Pursuant to Section 8002.5 of the Elections Code, select one of the following:
______ Party Preference: _____________________ (insert the name of the qualified political party as disclosed upon your affidavit of registration).
______ Party Preference: None (if you have declined to disclose a preference for a qualified political party upon your affidavit of registration).
Dated this ___ day of _____, 20___.
Signature of candidate
A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
 )
County of
 ) ss.
 )
Subscribed and sworn to before me this ___ day of ________, 20____.
Signature of Notary Public (or other official)
Notary Public Seal
Examined and certified by me this ________ day of ________, 20____.
 County Elections Official
WARNING: Every person acting on behalf of a candidate is guilty of a misdemeanor who deliberately fails to file at the proper time and in the proper place any declaration of candidacy in the person’s possession which is entitled to be filed under the provisions of the Elections Code Section 18202.
(b) At the discretion of the elections official, a candidate for a judicial office, or a candidate for any office whose voter registration information is confidential under Section 2166, 2166.5, or 2166.7, may withhold the candidate’s residence address from the declaration of candidacy. If a candidate does not state the candidate’s residence address on the declaration of candidacy, the elections official shall verify whether the candidate’s address is within the appropriate political subdivision and add the notation “verified” where appropriate on the declaration.
(c) If a candidate will not be within the State of California during the entire nomination period and is unable to appear before a notary public appointed by the Secretary of State or other California official to complete their declaration of candidacy, the candidate may appear before a notary public in another state to complete the declaration of candidacy. The candidate shall attach to their declaration of candidacy a notarial certificate from the out-of-state notary that complies with the law of the notary’s state.