Code Section Group

Elections Code - ELEC

DIVISION 6. PRESIDENTIAL ELECTIONS [6000 - 6954]

  ( Division 6 enacted by Stats. 1994, Ch. 920, Sec. 2. )

PART 1. PARTISAN PRESIDENTIAL PRIMARIES [6000 - 6884]

  ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. )

CHAPTER 1. Democratic Presidential Primary [6000a - 6241]

  ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. )

ARTICLE 3. Selection of Candidates by the Secretary of State [6040 - 6043]
  ( Article 3 enacted by Stats. 1994, Ch. 920, Sec. 2. )

6040.
  

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

(Enacted by Stats. 1994, Ch. 920, Sec. 2.)

6041.
  

The Secretary of State shall place the name of a candidate upon the presidential primary ballot when the Secretary of State 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.

On or before the 88th 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 the Secretary of State intends to place on the ballot at the following presidential primary election.

(Amended by Stats. 2019, Ch. 149, Sec. 5. (SB 505) Effective July 30, 2019.)

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.

(Amended by Stats. 2010, Ch. 190, Sec. 10. (AB 1689) Effective January 1, 2011.)

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.

(Enacted by Stats. 1994, Ch. 920, Sec. 2.)

ELECElections Code - ELEC3