2007 California Elections Code Article 5. Preparation, Circulation, And Filing Of Nomination Papers

CA Codes (elec:6580-6599)

6580.  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.




6581.  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 74 days prior to
the presidential primary.


6582.  Each signer of a nomination paper for the presidential
primary ballot may sign only one paper.  He or she shall declare his
or her intention to support the presidential preference candidate or
the group of candidates for delegates, add his or her place of
residence, and give his or her street and number if any.




6583.  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 intending to
affiliate with the American Independent Party are competent to sign.



6584.  Each section shall be prepared with the lines for signatures
numbered, and shall have attached the affidavit of the circulator who
obtained signatures to it, stating, under penalty of perjury, that
all the signatures to the attached section were made in his or her
presence, and that to the best of his or her knowledge and belief
each signature to the section is the genuine signature of the person
whose name it purports to be.  No other affidavit is required.



6585.  A verified nomination paper is prima facie evidence that the
signatures are genuine and that the persons signing it are voters,
until it is otherwise proved by comparison of the signatures with the
affidavits of registration in the office of the elections official.



6586.  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

                                     Section _________ Page _________


      County of _____.  Nomination paper of a presidential preference

    candidate for the American Independent Party presidential primary

    ballot.

    State of California    )
    County of _________    )  ss.

                         SIGNER'S STATEMENT

      I, the undersigned, am a voter of the County of ____, State of
    California, and am registered as intending to affiliate with the
    American Independent Party.  I hereby nominate ____ for the
    presidential preference portion of the American Independent
    Party's presidential primary ballot, to be voted for at the
    presidential primary to be held on the ____ day of ____, 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, and I further declare that I intend to
    support the candidate named herein.
    _________________________________________________________________

    -----------------------------------------------------------------
    Number       Signature      Printed name        Residence
    -----------------------------------------------------------------
     1.  __________________________________________________________
     2.  __________________________________________________________
     3.  __________________________________________________________
    etc. __________________________________________________________


                          CIRCULATOR'S AFFIDAVIT

        I, ________, solemnly swear (or affirm) that I secured
    signatures in the County of ____ to the nomination paper of a
    candidate in the presidential preference primary of the American
    Independent 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.
                                   (Signed)  ________________________

                                                    Circulator




6587.  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 ____.  Nomination paper of group of candidates for
    election as delegates by the American Independent Party pledged
to
    the candidacy of ____ as presidential nominee or expressing no
    preference, as the case may be.

    State of California    )
    County of _________    )  ss.

                          SIGNER'S STATEMENT

       I, the undersigned, am a voter of the County of ____, State of

    California, and am registered as intending to affiliate with the
    American Independent Party.  I hereby nominate the following:
    _________________________________________________________________

    -----------------------------------------------------------------
                                     Residence
                                       city
    Number         Names              or town           County
    -----------------------------------------------------------------
      1.  _________________________________________________________
      2.  _________________________________________________________
      3.  _________________________________________________________
     etc. _________________________________________________________

    (to such number as may be required) etc., as candidates for
    delegates to the American Independent Party's National
Convention,
    to be voted for at the presidential primary to be held on the
____
    day of ______, 20__.  I have not signed the nomination paper of
    any other candidates for the same office, or of any candidate for

    the presidential preference portion of the primary ballot, and I
    further declare that I intend to support for nomination the
    candidates named herein.
    _________________________________________________________________

    -----------------------------------------------------------------
    Number       Signature        Printed name          Residence
    -----------------------------------------------------------------
     1.  __________________________________________________________
     2.  __________________________________________________________
     3.  __________________________________________________________
    etc. __________________________________________________________
    _________________________________________________________________



                        CIRCULATOR'S AFFIDAVIT

      I, ____, solemnly swear (or affirm) 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 American Independent Party as
    delegates to represent the State 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.
                                  (Signed)  ________________________
                                                       Circulator




6591.  Circulators may obtain signatures to the nomination paper of
the candidate or group of candidates at any time not more than 104
nor less than 74 days prior to the presidential primary.



6592.  An elections official or deputy elections official may not
serve as a circulator and circulators may not obtain signatures
within 100 feet of any election booth or polling place.



6593.  Each section of a nomination paper, after being verified,
shall be returned 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.



6594.  Prior to filing, the sections of a nomination paper for any
candidate or group of candidates shall be numbered in order.



6595.  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.



6596.  The elections official shall examine all nomination papers
left with him or her for examination and shall disregard and mark
"not sufficient" the name of any voter of his or her county that does
not appear in the same handwriting on an affidavit of registration
in the office of the elections official.  He or she shall also
disregard and mark "not sufficient" the name of any voter of his or
her county who has not stated his or her intention to affiliate with
the political party named in the nomination papers.



6597.  Within five days after any nomination papers are left with
him or her for examination, the elections official shall:
   (a) Examine and affix to them a certificate reciting that he or
she has examined them and stating the number of names which 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.



6598.  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
          To the Secretary of State:
             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 candidate or group of
          candidates for election 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
nomina-
          tion papers comprise the following (state names of
candidates):
          ___________________  __________________
___________________
          ___________________  __________________
___________________
          ___________________  __________________
___________________
                 etc.                   etc.                  etc.
             Dated this ______ day of ______, 19__.

_____________________________
             (SEAL)                       County Elections Official
                                         By
__________________________
                                                             Deputy



6599.  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.
   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.
   In each case, the Secretary of State shall advise the person
receiving the notification that no more signatures will be received.