2007 California Elections Code Article 1. General Provisions

CA Codes (elec:8000-8004)

8000.  This chapter does not apply to:
   (a) Recall elections.
   (b) Presidential primary.
   (c) Nomination of officers of cities or counties whose charters
provide a system for nominating candidates for those offices.
   (d) Nomination of officers for any district not formed for
municipal purposes.
   (e) Nomination of officers for general law cities.
   (f) Nomination of school district officers.



8001.  (a) No declaration of candidacy for a partisan office or for
membership on a county central committee shall be filed, by a
candidate unless (1) at the time of presentation of the declaration
and continuously for not less than three months immediately prior to
that time, or for as long as he has been eligible to register to vote
in the state, the candidate is shown by his affidavit of
registration to be affiliated with the political party the nomination
of which he seeks, and (2) the candidate has not been registered as
affiliated with a qualified political party other than that political
party the nomination of which he seeks within 12 months, or, in the
case of an election governed by Chapter 1 (commencing with Section
10700) of Part 6 of Division 10, within three months immediately
prior to the filing of the declaration.
   (b) The elections official shall attach a certificate to the
declaration of candidacy showing the date on which the candidate
registered as intending to affiliate with the political party the
nomination of which he seeks, and indicating that the candidate has
not been affiliated with any other qualified political party for the
period specified in subdivision (a) immediately preceding the filing
of the declaration.  This section shall not apply to declarations of
candidacy filed by a candidate of a political party participating in
its first direct primary election subsequent to its qualification as
a political party pursuant to Section 5100.



8002.  If a candidate is a candidate for a nonpartisan office, all
reference to party affiliation shall be omitted on all forms required
to be filed.


8003.  This chapter does not prohibit the independent nomination of
candidates under Part 2 (commencing with Section 8300), subject to
the following limitations:
   (a) A candidate whose name has been on the ballot as a candidate
of a party at the direct primary and who has been defeated for that
party nomination is ineligible for nomination as an independent
candidate.  He is also ineligible as a candidate named by a party
central committee to fill a vacancy on the ballot for a general
election.
   (b) No person may file nomination papers for a party nomination
and an independent nomination for the same office, or for more than
one office at the same election.



8004.  (a) In the event that no candidate files for a party's
nomination for any partisan office that would appear on the ballot in
a county or a political subdivision within that county, the
elections official shall do both of the following:
   (1) Refrain from printing a partisan ballot for that party in that
county or a political subdivision within that county in which there
are no candidates for that political party's nomination.
   (2) Send notification to those voters registered as affiliated
with that party that there were no qualified candidates for the
partisan office for which the voter is eligible to vote, together
with a nonpartisan ballot, unless, within 10 days after the final
date for filing nomination papers for the office, a petition
indicating that a write-in campaign will be conducted is filed with
the elections official and signed by 10 percent of the registered
voters, or 100 registered voters, whichever is less, affiliated with
that party within the county or a political subdivision within that
county, whichever is applicable.
   (b) A separate petition shall be filed for each specific office
for which a write-in campaign is to be conducted.