2010 California Code
Elections Code
Article 6. Nomination Papers. Place Of Filing. Fees

8100.  All nomination documents shall be filed as follows:
   (a) For state offices, United States Senators, Representatives in
Congress, Members of the State Senate and Assembly, and members of
the Board of Equalization, in the office of the Secretary of State.
   (b) For all officers to be voted for wholly within one county,
except as provided in subdivision (a), in the office of the elections
official of that county.



8101.  All forms required for nomination and election to all
congressional, state, county, and political party county central
committee offices shall be furnished only by the county elections
official. At the time of issuance of those forms the county elections
official shall type in the forms the name of the candidate and the
office for which he or she is a candidate, shall imprint a stamp
which reads "Official Filing Form," and shall affix his or her
signature. The forms shall be distributed without charge to all
candidates applying for them.


8102.  No defect in any nomination document presented shall prevent
the filing of another nomination document within the period allowed
for presenting the nomination document.



8103.  (a) The following fees for filing declarations of candidacy
shall be paid to the Secretary of State by each candidate:
   (1) Two percent of the first-year salary for the office of United
States Senator or for any state office. The fee prescribed in this
subdivision does not apply to the office of state Senator, Member of
the Assembly, member of the State Board of Equalization, or justice
of the court of appeal.
   (2) One percent of the first-year salary for the office of
Representative in Congress, member of the State Board of
Equalization, or justice of the court of appeal.
   (3) One percent of the first-year salary for the office of state
Senator or Member of the Assembly.
   (b) For purposes of this section, "salary" means the annual salary
for the office as of the first day on which a candidate may
circulate petitions in lieu of filing fees pursuant to Section 8106.




8104.  The filing fee to be paid to the county elections official
for filing a declaration of candidacy for an office to be voted for
wholly within one county other than a legislative or congressional
office shall be as follows:
   (a) No filing fee is required from any candidate for an office for
which no fixed compensation is payable, or for which the annual
salary is two thousand five hundred dollars ($2,500) or less.
   (b) A filing fee of 1 percent of the annual salary of the office
shall be paid to the county elections official by each candidate for
a judicial office or for a county office. This subdivision shall not
apply to any candidate for any office for which the annual salary is
two thousand five hundred dollars ($2,500) or less.
   The filing fee shall be calculated on the basis of the annual
salary for the office on the first day to circulate petitions to
gather signatures in lieu of filing fees.



8105.  (a) The filing fees for all candidates shall be paid at the
time the candidates obtain their nomination forms from the county
elections official. The county elections official shall not accept
any papers unless the fees are paid at the time required by this
section, or unless satisfactory evidence is given to the county
elections official or to the registrar of voters that the fee has
been paid at the time of the declaration of candidacy in another
county. The county elections official shall transmit the appropriate
fees to the Secretary of State at the time he or she delivers the
declarations of candidacy for filing. All filing fees received by the
Secretary of State and county elections officials are nonrefundable.
   (b) The filing fees for candidates required to file declarations
of intention pursuant to Section 8023 shall be paid at the time the
declarations are filed with the county elections official.



8106.  (a) Notwithstanding any other provision of this article, a
candidate may submit a petition containing signatures of registered
voters in lieu of a filing fee as follows:
   (1) For the office of California State Assembly, 1,500 signatures.
   (2) For the office of California State Senate and the United
States House of Representatives, 3,000 signatures.
   (3) For candidates running for statewide office, 10,000
signatures.
   (4) For all other offices for which a filing fee is required, if
the number of registered voters in the district in which he or she
seeks nomination is 2,000 or more, a candidate may submit a petition
containing four signatures of registered voters for each dollar of
the filing fee, or 10 percent of the total of registered voters in
the district in which he or she seeks nomination, whichever is less.
   (5) For all other offices for which a filing fee is required, if
the number of registered voters in the district in which he or she
seeks nomination is less than 2,000, a candidate may submit a
petition containing four signatures of registered voters for each
dollar of the filing fee, or 20 percent of the total of registered
voters in the district in which he or she seeks nomination, whichever
is less.
   (6) Notwithstanding any other provision of this section, a
candidate seeking the nomination of a qualified party with whom he or
she is registered, the registered voters of which who were eligible
to vote at the last statewide election constituted less than 5
percent of all registered voters eligible to vote at the last
statewide election, may submit a petition containing signatures of 10
percent of the registered voters of that party in the district in
which he or she seeks nomination, or 150 signatures, whichever is
less.
   (7) A voter may sign both a candidate's nomination papers and his
or her in-lieu-filing-fee petition. However, if signatures appearing
on the documents are counted towards both the nomination paper and
the in-lieu-filing-fee petition signature requirements, a person may
only sign one of the documents.
   (b) The Secretary of State or an elections official shall furnish
to each candidate, upon request, and without charge therefor, forms
for securing signatures. The number of forms which the elections
official shall furnish a candidate shall be a quantity that provides
the candidates with spaces for signatures sufficient in number to
equal the number of signatures that the candidate is required to
secure pursuant to subdivision (a) if the candidate desires that
number of forms. However, the elections official, rather than provide
the candidate with the number of forms set forth in the preceding
sentence, or upon the request of a candidate, may provide the
candidate with a master form that may be duplicated by the candidate
at the candidate's expense for the purpose of circulating additional
petitions. The Secretary of State shall provide the master form. The
elections official may provide candidates a form other than the
master form provided by the Secretary of State. However, that form
shall meet all statutory requirements, and the elections official
shall also make available and accept the master form provided by the
Secretary of State. All forms shall be made available commencing 45
days before the first day for circulating nomination papers. However,
in cases of vacancies for which a special election is authorized or
required to be held to fill the vacancy, and where the prescribed
nomination period would commence less than 45 days after the creation
of the vacancy, the forms shall be made available within five
working days after the creation of the vacancy. No other form except
the form furnished by the Secretary of State or the elections
official or forms duplicated from a master form shall be used to
secure signatures. Each petition section shall bear an affidavit
signed by the circulator, in substantially the same form as set forth
in Section 8041. The substitution of signatures for fees shall be
subject to the following provisions:
   (1) Any registered voter may sign an in-lieu-filing-fee petition
for any candidate for whom he or she is eligible to vote.
   (2) If a voter signs more candidates' petitions than there are
offices to be filled, the voter's signatures shall be valid only on
those petitions which, taken in the order they were filed, do not
exceed the number of offices to be filled.
   (3) In-lieu-filing-fee petitions shall be filed at least 15 days
prior to the close of the nomination period. Upon receipt of the
minimum number of in-lieu-filing-fee signatures required, or a
sufficient combination of signatures and pro rata filing fee, the
elections official shall issue nomination papers provisionally.
Within 10 days after receipt of a petition, the elections official
shall notify the candidate of any deficiency. The candidate shall
then, prior to the close of the nomination period, either submit a
supplemental petition, or pay a pro rata portion of the filing fee to
cover the deficiency.
   (4) If the petition is circulated for an office in more than one
county, the candidate shall submit the signatures to the elections
official in the county in which the petition was circulated. The
elections official shall at least two days after verifying the
signatures on the petition, notify the Secretary of State of the
total number of valid signatures. If the number of signatures is
insufficient, the Secretary of State shall notify the candidate and
the elections officials of the fact. The candidate may submit the
necessary number of valid signatures at any time prior to the close
of the period for circulating nomination papers. Each circulator of
an in-lieu-filing-fee petition shall be a registered voter of the
district or political subdivision in which the candidate is to be
voted on. The circulator shall serve within the county in which he or
she resides.
   (5) Each candidate may submit a greater number of signatures to
allow for subsequent losses due to invalidity of some signatures. The
elections official shall not be required to determine the validity
of a greater number of signatures than that required by this section.
   (c) For the purposes of this section, the requisite number of
signatures shall be computed from the latest registration figures
forwarded to the Secretary of State pursuant to Section 2187 prior to
the first day on which petitions are available.
   (d) All valid signatures obtained pursuant to this section shall
be counted towards the number of voters required to sign a nomination
paper in accordance with Section 8061 or 8405.



8107.  The county elections official shall pay to the county
treasurer all fees received from candidates pursuant to Section 8105.
Within 10 days after the direct primary, the Secretary of State
shall pay to the State Treasurer all fees received from candidates
pursuant to Section 8103, which shall be deposited in the General
Fund.
   It is the intention of the Legislature that the funds deposited in
the General Fund pursuant to this section will be used by the
Secretary of State in the performance of his or her duties pursuant
to Chapter 1 (commencing with Section 19000) of Division 19, to the
extent that appropriations are made in the Budget Act from year to
year.