ARTICLE 5. Preparation, Circulation and Filing of Nominating Papers [6780 - 6798]
( Article 5 enacted by Stats. 1994, Ch. 920, Sec. 2. )
This article applies to the nomination of a candidate for the presidential preference portion of the primary ballot, to the nomination of a slate of delegates pledged to the candidacy of a particular candidate, and to the nomination of a slate of delegates not expressing a preference for a particular candidate.
(Enacted by Stats. 1994, Ch. 920, Sec. 2.)
Nomination papers properly prepared, circulated, signed, and verified shall be left for examination with the elections official of the county in which they are circulated at least 81 days prior to the presidential primary.
(Amended by Stats. 2020, Ch. 370, Sec. 111. (SB 1371) Effective January 1, 2021.)
Each signer of a nomination paper for the presidential primary ballot may sign only one paper. The signer shall add her or his printed name and place of residence indicating city and giving the street and number, if any.
(Enacted by Stats. 1994, Ch. 920, Sec. 2.)
Any nomination paper may be presented in sections. Each section shall contain the name of the presidential preference candidate, or the names of the candidates for delegates comprising the group, and, if applicable, that they have expressed a preference for a named person as candidate for presidential nominee of the party. Each section shall bear the name of the county in which it is circulated. Only voters of the county registered as affiliated with the Peace and Freedom Party are competent to sign.
(Enacted by Stats. 1994, Ch. 920, Sec. 2.)
Each section shall be prepared with the lines, for signatures numbered, and shall have attached the declaration of the circulator who obtained signatures to it, which shall meet all of the requirements of Section 104. No other declaration is required to be made.
(Amended by Stats. 2013, Ch. 278, Sec. 10. (SB 213) Effective January 1, 2014.)
A verified nomination paper is prima facie evidence that the signatures are genuine and that the persons signing it are voters registered as affiliated with the Peace and Freedom Party until it is otherwise proven by comparison of the signatures with the affidavits of registration in the office of the elections official.
(Enacted by Stats. 1994, Ch. 920, Sec. 2.)
The nomination paper for a candidate for the presidential preference portion of the ballot shall be in substantially the following form:
SECTION OF NOMINATION PAPER SIGNED BY VOTER
ON BEHALF OF PRESIDENTIAL PREFERENCE
PRIMARY CANDIDATE |
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| | Section ______Page ______
County of _________. |
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Nomination paper of a presidential preference candidate for the Peace and Freedom Party presidential primary ballot. |
|
State of California County of | ⎱
⎰ | ss. |
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SIGNER’S STATEMENT |
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I, the undersigned, am a voter of the County of ______, State of California, and am registered as affiliated with the Peace and Freedom Party. I hereby nominate ________ for the presidential preference portion of the Peace and Freedom Party’s presidential primary ballot, to be voted for at the presidential primary to be held on the ______ day of June, 20__. I have not signed the nomination paper of any other candidate for the same office, or for any group of delegates to the national convention of the ______ Party, with which the Peace and Freedom Party of California is affiliated on the national level. |
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|
Number | Signature | Printed
name | Residence
street address
/city |
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1. |
2. |
3. |
etc. |
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CIRCULATOR’S AFFIDAVIT |
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I, ______, affirm
all of the following: 1.That I am 18 years of age or older. 2.That my residence address, including street and number, is
.
[If no street or number exists, a designation of my residence adequate to readily ascertain its location is
.] 3.That I secured signatures in the County of ____ to the nomination paper of a candidate in the presidential preference primary of the Peace and Freedom Party, that all the
signatures on this section of the nomination paper numbered from 1 to ____, inclusive, were made in my presence, that the signatures were obtained between ____, 20_, and ____, 20_, and that to the best of my knowledge and belief each signature is the genuine signature of the person whose name it purports to be.
I declare under penalty of perjury that the foregoing is true and correct.
Executed at ____, California, this ____ day of ____, 20_.
|
| (Signed)
_____
Circulator
_____
(Printed name) |
(Amended by Stats. 2013, Ch. 278, Sec. 11. (SB 213) Effective January 1, 2014.)
The nomination paper for a group of candidates for delegates to the national convention shall be in substantially the following form:
SECTION OF NOMINATION PAPER SIGNED BY VOTER ON
BEHALF OF GROUP OF CANDIDATES FOR DELEGATES
TO NATIONAL CONVENTION |
|
| | Section ______Page ______
County of _________. |
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Nomination paper of group of candidates for election as delegates by the Peace and Freedom Party pledged to the candidacy of ______ as presidential nominee, or expressing no preference, as the case may be. |
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State of California County of | ⎱
⎰ | ss. |
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SIGNER’S
STATEMENT |
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I, the undersigned, am a voter of the County of ______, State of California, and am registered as affiliated with the Peace and Freedom Party. I hereby nominate the following: |
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Number | Names | Residence
city or
town | County |
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1. |
2. |
3. |
etc. |
|
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(to the number as may be required) as candidates for delegate to the national convention of the ______ Party, with which the Peace and Freedom Party of California is affiliated on the national level, to be voted for at the presidential primary to be held on the ______ day of June, 20___. I have not signed the nomination paper of any other group of candidates for delegates to the national convention or of any candidate for the presidential preference portion of the primary ballot. |
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|
|
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Number | Signature | Printed
name | Residence
street address
/city |
|
1. |
2. |
3. |
etc. |
|
CIRCULATOR’S AFFIDAVIT |
|
I, ______, affirm all of the following: 1.That I am 18 years of age or older. 2.That my residence address, including street and number, is
.
[If no street or number exists, a designation of my residence adequate to readily ascertain its location is
.] 3.That I secured signatures in the County of ____ to the nomination paper
of the group of candidates named in the signer’s statement above as candidates for nomination and election by the Peace and Freedom Party as delegates to represent the Peace and Freedom Party of California in the ____ Party’s next national convention, that all the signatures on this section of the nomination paper numbered from 1 to ____, inclusive, were made in my presence, that the signatures were obtained between ____, 20__, and ____, 20__, and that to the best of my knowledge and belief each signature is the genuine signature of the person whose name it purports to be.
I declare under penalty of perjury that the foregoing is true and correct.
Executed at ____, California, this ____ day of ____, 20__.
|
| (Signed)
_____
Circulator
_____
(Printed name) |
(Amended by Stats. 2013, Ch. 278, Sec. 12. (SB 213) Effective January 1, 2014.)
Circulators may obtain signatures to the nomination paper of the candidate or group of candidates at any time not more than 120 nor less than 81 days prior to the presidential primary.
(Amended by Stats. 2019, Ch. 149, Sec. 17. (SB 505) Effective July 30, 2019.)
Each section of a nomination paper, after being verified, shall be returned by the verification deputy who circulated it to the candidate, committee, or duly authorized representatives. All the sections circulated in any county shall be collected by the candidate, committee, or duly authorized representatives, who shall arrange and leave the sections with the elections official for examination.
(Amended by Stats. 1999, Ch. 790, Sec. 29. Effective January 1, 2000.)
Prior to filing, the sections of a nomination paper for any candidate or group of candidates shall be numbered in order.
(Enacted by Stats. 1994, Ch. 920, Sec. 2.)
Nomination papers, properly assembled, may be consolidated and fastened together by counties, but nomination papers signed by voters in different counties shall not be fastened together.
(Enacted by Stats. 1994, Ch. 920, Sec. 2.)
The elections official shall examine all nomination papers left with her or him for examination and shall disregard and mark “not sufficient” the name of any voter of that county that does not appear in the same handwriting on an affidavit of registration in the office of the elections official. The elections official shall also disregard and mark “not sufficient” the name of any voter of the county who is not registered as affiliated with the Peace and Freedom Party.
(Enacted by Stats. 1994, Ch. 920, Sec. 2.)
Within five days after any nomination papers are left with the elections official for examination, the elections official shall:
(a) Examine and affix to them a certificate reciting that she or he has examined them and stating the number of names that have not been marked “not sufficient.”
(b) Transmit the papers with the certificate of examination to the Secretary of State, who shall file the papers.
(Enacted by Stats. 1994, Ch. 920, Sec. 2.)
The certificate of the elections official to nomination papers of a candidate or group of candidates shall be in substantially the following form:
CERTIFICATE OF COUNTY ELECTIONS OFFICIAL TO NOMINATION
PAPERS OF CANDIDATE OR GROUP OF CANDIDATES |
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To the Secretary of State: |
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I, County Elections Official of the County of ______, hereby certify that I have examined the nomination papers, to which this certificate is attached, of the presidential candidate or group of candidates for delegates at the ensuing presidential primary, and that the number of names which I have not marked “not sufficient” is _______.
The candidate or group of candidates named in the nomination papers comprise the following (state names of candidates): |
etc. | etc. | etc. |
|
Dated this ________ day of ________, 20___. |
| ________________________ |
(SEAL) | County Elections Official By
Deputy |
(Amended by Stats. 1999, Ch. 790, Sec. 30. Effective January 1, 2000.)
(a) Upon receipt of a sufficient number of signatures for the nomination of a candidate for the presidential preference primary ballot, the Secretary of State shall notify the candidate or his or her duly authorized representative of that fact.
(b) Upon receipt of a sufficient number of signatures for the nomination of a group of candidates for delegates, the Secretary of State shall notify the chairperson of the committee of that fact.
(c) In each case, the Secretary of State shall advise the person receiving the notification that no more signatures will be received.
(Enacted by Stats. 1994, Ch. 920, Sec. 2.)