AMENDED IN ASSEMBLY AUGUST 20, 2026
AMENDED IN ASSEMBLY AUGUST 13, 2026
AMENDED IN ASSEMBLY JUNE 11, 2026
AMENDED IN SENATE MAY 1, 2025
AMENDED IN SENATE MARCH 25, 2025
CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION
94
Introduced by Senator Allen
February 21, 2025
An act to amend Sections 6041, 6340, 6520, 6722, 6852, 8020, 8020.5, 8022, 8024, 8027, 8028, 8121, 8147.5, 8903, 10220, 10224, 10225, 10229, 10403, 10407, 10510, 10516, 10603, 10604, 10704, 10703, 12101, 12262, 13112, 13107.3, and 13307 of the Elections Code, relating to elections.
Vote: majority Appropriation: no Fiscal committee: yes Local program: yes
LEGISLATIVE COUNSEL’S DIGEST
Existing law requires the Secretary of State to transmit a certified list of candidates for partisan and voter-nominated offices eligible to be voted on within each county to the county elections official at least 68 days before a primary or general election. Existing law also requires the Secretary of State to notify the candidates for partisan and voter-nominated offices of the names, addresses, offices, occupations, and party preferences of all other candidates for the same office at least 73 days before the election. Existing law imposes various deadlines pertaining to candidates and elections. Existing law requires a candidate who submits a ballot designation to file a ballot designation worksheet, as specified.
This bill would move the deadline to notify candidates of the other candidates for the same office to at least 78 days before
the election. The bill would move other specified deadlines 5 days earlier, including the deadline for the Secretary of State to publicly announce a list of candidates and the availability of specified forms and documents. The bill would require a candidate to certify, under penalty of perjury, the truth and accuracy of the content of the ballot designation worksheet. By expanding the crime of perjury, the bill would impose a state-mandated local program.
This bill would incorporate additional changes to Section 13307 of the Elections Code proposed by SB 1360 to be operative only if this bill and SB 1360 are enacted and this bill is enacted last.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
The people of the State of California do enact as follows:
SECTION 1.
Section 6041 of the Elections Code is amended to read:
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 92nd 95th 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.
SEC. 2.
Section 6340 of the Elections Code is amended to read:
6340.
(a) The Secretary of State shall place the name of a candidate upon the Republican 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 a candidate for the nomination of the Republican Party for President of the United States.
(b) On or before the 92nd 95th 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 candidates the Secretary of State intends to place on the ballot at the following presidential primary election. Following this announcement the Secretary of State may add candidates to the Secretary of State’s selection, but the Secretary of State shall not delete any candidate whose name appears on the announced list.
SEC. 3.
Section 6520 of the Elections Code is amended to read:
6520.
(a) The Secretary of State shall place the name of a candidate upon the American Independent Party presidential preference ballot when the Secretary of State has determined that the candidate is generally advocated for or recognized in the news media throughout the United States or California as actively seeking the nomination of the American Independent Party for President of the United States.
(b) On or before the 92nd 95th 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 candidates the Secretary of State intends to place on the ballot at the following presidential primary election. Following this announcement the Secretary of State may add candidates to the Secretary of State’s selection, but the Secretary of State may not delete any candidate whose name appears on the announced list.
SEC. 4.
Section 6722 of the Elections Code is amended to read:
6722.
On or before the 92nd 95th 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 candidates the Secretary of State intends to place on the ballot at the following presidential primary election. Following this announcement, the Secretary of State may add to the Secretary of State’s selection, but the Secretary of State may not delete any candidate whose name appears on the announced list. The Secretary of State shall mail a copy of the list and any subsequent additions thereto to the
Chairpersons of the Peace and Freedom Party State and County Central Committees.
SEC. 5.
Section 6852 of the Elections Code is amended to read:
6852.
On or before the 92nd 95th 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 candidates the Secretary of State intends to place on the ballot at the following presidential primary election. Following this announcement, the Secretary of State may add candidates to the Secretary of State’s selection, but the Secretary of State may not delete any candidate whose name appears on the announced list. The Secretary of State shall mail a copy of the list and any subsequent additions to the list to
the Green Party Liaison to the Secretary of State.
SEC. 6.
Section 8020 of the Elections Code is amended to read:
8020.
(a) A candidate’s name shall not be printed on the ballot to be used at the direct primary unless the following nomination documents are delivered for filing to the county elections official:
(1) Declaration of candidacy pursuant to Section 8040.
(2) Nomination papers signed by signers pursuant to Section 8041.
(3) Proper qualification documentation pursuant to subdivision (a) of Section 13.5, if applicable.
(b) The forms shall first be available on the 118th
120th day prior to the direct primary election, or on the 163rd 165th day prior to the primary election for a candidate for membership on a county central committee, and shall be delivered to the county for which the nomination documents were circulated not later than 5 p.m. on the 92nd 95th day prior to the primary election. The forms may be delivered to the county elections official by a person other than the candidate.
(c) Upon the receipt of an executed nomination document, the county elections official shall give the person delivering the document a receipt, properly dated, indicating that the document was delivered to the county elections official.
(d) Notwithstanding Section 8028, upon request of a candidate, the county elections official shall provide the candidate with a declaration of candidacy. The county elections official shall not require a candidate to sign, file, or sign and file, a declaration of candidacy as a condition of receiving nomination papers.
SEC. 7.
Section 8020.5 of the Elections Code is amended to read:
8020.5.
(a) A candidate may withdraw nomination documents for any office other than a statewide office that the candidate delivered for filing to the county elections official by delivering a statement of withdrawal to the county elections official. The statement may be delivered to the county elections official by a person other than the candidate. If the statement is not executed by the candidate in the office of the elections official, the candidate shall execute the statement before a notary public appointed by the Secretary of State or other state official. The statement shall be signed by the candidate under penalty of perjury, and shall include all of the following:
(1) Identification of the office for which the candidate previously delivered nomination documents for filing to the county elections official.
(2) A statement that the candidate irrevocably withdraws those nomination documents.
(3) A statement that the candidate understands that by withdrawing the nomination documents, the candidate will not appear on the ballot as a candidate for that office.
(4) A statement that the candidate understands that they will not receive a refund of any filing fees that the candidate paid in connection with the candidacy for that office pursuant to subdivision (a) of Section 8105 of the Elections Code.
(b) A candidate
shall have until 5 p.m. on the 92nd 95th day before the primary election to withdraw nomination documents, except that if the extended period for filing nomination documents specified in Section 8022 or Section 8024 applies for a particular office, a candidate shall have until 5 p.m. on the 88th 90th day before the primary election to withdraw nomination documents for that office.
(c) A candidate who withdraws nomination documents pursuant to this section may, during the applicable filing period, file nomination documents for any other office at the same primary election for which the person is eligible to be a candidate, except the office for which the person withdrew their nomination documents. This subdivision shall not be construed to extend any deadline for filing nomination documents.
(d) If a candidate withdraws their nomination documents and does not subsequently qualify as a candidate for another office at the same primary election, the candidate’s name shall not appear on the ballot for any office at that election.
(e) If a candidate delivers a statement of withdrawal to a county elections official pursuant to this section, and the office to which the statement applies is one for which nomination documents are required to be filed in the office of the Secretary of State pursuant to subdivision (a) of Section 8100, the county elections official shall do all of the following:
(1) Immediately upon receipt, electronically send a copy of the statement to the Secretary of State.
(2) If the office to which the statement applies is to be voted on in more than one county, immediately upon receipt electronically send a copy of the statement to the elections official in each other affected county.
(3) Within five days of receipt of the statement, forward the original statement to the Secretary of State.
(f) For purposes of this section, “statewide office” means the office of Governor, Lieutenant Governor, Attorney General, Controller, Insurance Commissioner, Secretary of State, Superintendent of Public Instruction, Treasurer, or Member of the United States Senate.
SEC. 8.
Section 8022 of the Elections Code is amended to read:
8022.
Notwithstanding Section 8020 or any other provision of the law, if nomination documents for an incumbent state Senator, Member of the Assembly, state constitutional officer, Insurance Commissioner, Member of the United States House of Representatives, or United States Senator are not delivered by 5 p.m. on the 88th day before the direct primary election, or are delivered but then are withdrawn before 5 p.m. on the 92nd 95th day before the direct primary election, any person other than the person who was the incumbent on the 92nd
95th day shall have until 5 p.m. on the 88th 90th day before the election to file nomination documents for the elective office.
However, if the incumbent’s failure to file nomination documents is because the incumbent has already served the maximum number of terms permitted by the California Constitution for that office, there shall be no extension of the period for filing the nomination documents.
SEC. 9.
Section 8024 of the Elections Code is amended to read:
8024.
Notwithstanding Section 8020 or any other provision of the law, if nomination documents for an incumbent officer of a county are not delivered by 5 p.m. on the 92nd 95th day before the direct primary election, or are delivered but then are withdrawn before 5 p.m. on the 92nd 95th day before the direct primary election, any person other than the person who was the incumbent on the 92nd
95th day shall have until 5 p.m. on the 88th 90th
day before the election to file nomination documents for the elective office.
This section is not applicable where there is no incumbent eligible to be elected.
SEC. 10.
Section 8027 of the Elections Code is amended to read:
8027.
(a) Filing of nomination papers for a nonpartisan office, except for a judicial office, shall be reopened when an incumbent who is a candidate for a nonpartisan statewide, countywide, or citywide office, or for a nonpartisan office that is elected by division, area, or district which the incumbent currently holds at an election at which only one other candidate, excluding any write-in candidates, has qualified to have their name
placed on the ballot for that office and either the challenger or the incumbent dies after the 92nd 95th day but before the 68th day before the election.
(b) Any person qualified to be a candidate for the office for which either the deceased challenger or the deceased incumbent was a candidate may circulate and deliver nomination papers commencing the day after the death of either the challenger or the incumbent. Candidates shall be nominated in accordance with this part, except that in-lieu-filing-fee petitions shall not be made available and nomination papers shall be returned to the elections official no later than 5 p.m. on the 68th day before the election.
SEC. 11.
Section 8028 of the Elections Code is amended to read:
8028.
(a) Except as provided in subdivision (b), a candidate shall not remove a declaration of candidacy form from the office of the elections official, and the elections official shall require all candidates filing a declaration of candidacy to execute the declaration in the office of the elections official.
(b) A candidate may, in a written statement signed and dated by the candidate, designate a person to receive a declaration of candidacy form from the elections official and deliver it to the candidate. The statement shall include language indicating that the candidate is aware that the declaration of candidacy must be properly executed and delivered to the elections official of the county
of the candidate’s residence by the 92nd 95th day prior to the direct primary election. That statement shall be retained by the elections official.
SEC. 12.
Section 8121 of the Elections Code is amended to read:
8121.
(a) Not less than 10 days before the Secretary of State transmits the certified list of candidates to the county elections officials, as provided in Section 8120, the Secretary of State shall notify each candidate for partisan office and voter-nominated office of the names, addresses, offices, occupations, and party preferences of all other persons who have filed for the same office.
(b) (1) Beginning not less than five 10 days before the Secretary of State transmits the certified list of candidates
to the county elections officials, as required by Section 8120, the Secretary of State shall post, in a conspicuous place on their internet website, the party preference history of each candidate for voter-nominated office for the preceding 10 years, or for as long as the candidate has been eligible to vote in the state if less than 10 years. The candidates’ party preference history shall be continuously posted until such time as the official canvass is completed for the general or special election at which a candidate is elected to the voter-nominated office sought, except that, in the case of a candidate who participated in the primary election and who was not nominated to participate in the general election, the candidate’s party preference history need not continue to be posted following the completion of the official canvass for the primary election in question.
(2) For purposes of this subdivision, “party preference history” also refers to the candidate’s history of party registration during the 10 years preceding the effective date of this section.
(3) The Secretary of State shall also conspicuously post on the same internet website as that containing the candidates’ party preference history the notice specified by subdivision (b) of Section 9083.5.
SEC. 13.
Section 8147.5 of the Elections Code is amended to read:
8147.5.
Not less than 78 days, and not more than 90 days, before the general election, the Secretary of State shall notify each candidate for partisan office and voter-nominated office of the names, addresses, offices, ballot designations, and party preferences of all other persons whose names are to appear on the ballot for the same office at the general election.
SEC. 14.
Section 8903 of the Elections Code is amended to read:
8903.
(a) The candidate shall submit the following to the Secretary of State:
(1) (A) Two copies of each tax return required by Section 8902. One copy of each tax return shall be identical to the version submitted to the Internal Revenue Service, without redactions, and shall not be subject to disclosure pursuant to this section. One copy shall be identical to the version submitted to the Internal Revenue Service but shall be redacted pursuant to this paragraph. The tax returns shall be provided to the Secretary of State in hard-copy form not later than 5 p.m. on the 92nd
95th day prior to the election or, in the case of a recall election, not later than 5 p.m. on the 60th day prior to the recall election.
(B) The candidate shall redact the following information from the redacted copy of each tax return:
(i) Social security numbers.
(ii) Home address.
(iii) Telephone number.
(iv) Email address.
(v) Medical information.
(vi) Bank account numbers and routing numbers.
(vii) Internal Revenue Service personal identification number (PIN).
(C) The candidate may also redact the following information from the redacted copy of each tax return:
(i) Names of dependent minors.
(ii) Employer identification number.
(iii) Business addresses.
(iv) Preparer or accountant tax identification number, client number, address, telephone number, and email address of paid tax return preparers or accountants.
(2) A written consent form, signed by the candidate, granting the Secretary of State permission to publicly release a version of the candidate’s tax returns redacted pursuant to this section. The Secretary of State shall prepare a standard consent form consistent with this paragraph.
(b) The Secretary of State shall review the redacted copy of each tax return submitted by the candidate to ensure that the redactions comply with subdivision (a). If the Secretary of State determines that the candidate has redacted information other than that permitted by subdivision (a), or failed to redact information required to be redacted by subdivision (a), the Secretary of State shall notify the candidate of any deficiencies. The candidate shall submit corrected hard copies of the tax return no later than 5:00 p.m. on the 78th day prior to the election or, in the case of a recall election, not later than 5 p.m. on the 57th day prior to the recall election. If the corrected hard copies are not timely submitted, the candidate shall not be qualified to have their name placed on the ballot of the election.
(c) (1) At the time the Secretary of State issues the certified list of candidates for the election in accordance with Section 8120, the Secretary of State shall make the redacted copies of the tax returns available to the public on the Secretary of State’s internet website. Except as provided by paragraph (2), the Secretary of State shall make public the redacted copies of the tax returns submitted by the candidate pursuant to subdivision (a).
(2) If the candidate is required to submit a corrected copy of a tax return pursuant to subdivision (b), the Secretary of State shall make public that corrected copy.
(3) The redacted tax returns shall be continuously posted until such time as the official canvass is completed for the election at which a candidate is elected to the office, except that the tax returns of a candidate who participated in a primary election and who was not nominated to participate in the general election need only be posted until the official canvass for the primary election is completed.
(4) The Secretary of State shall retain the paper copies of the submitted tax returns until the completion of the official canvass of the election at which a candidate is elected to the office. Thereafter, the paper copies of the submitted tax returns shall be destroyed as soon as practicable, unless the Secretary of State has received a court order, or a lawful written request from a state or federal governmental agency, directing the Secretary of State to preserve the submitted tax returns.
SEC. 15.
Section 10220 of the Elections Code is amended to read:
10220.
Candidates may be nominated for any of the elective offices of the city in the following manner:
Not earlier than the 118th 120th day nor later than the 92nd 95th day before a municipal election during normal office hours, as posted, the voters may nominate candidates for election by signing a nomination paper. Each candidate shall be proposed by not less than 20 nor more than 30 voters in a
city of 1,000 registered voters or more, and not less than five nor more than 10 voters in a city of less than 1,000 registered voters, but only one candidate may be named in any one nomination paper. No voter may sign more than one nomination paper for the same office, and in the event the voter does so, that voter’s signature shall count only on the first nomination paper filed which contains the voter’s signature. Nomination papers subsequently filed and containing that voter’s signature shall be considered as though that signature does not appear thereon. Each seat on the governing body is a separate office. Any person who meets the requirements of Section 102 may circulate a nomination paper. Only one person may circulate each nomination paper. Where there are full terms and short terms to be filled, the term shall be specified in the nomination paper.
SEC. 16.
Section 10224 of the Elections Code is amended to read:
10224.
All nomination papers shall be filed with the city elections official during regular business hours as posted, not later than the 92nd 95th day before the election. Until that time, but not after, a candidate may withdraw their nomination paper after it is filed with the elections official as provided in this section.
SEC. 17.
Section 10225 of the Elections Code is amended to read:
10225.
(a) Notwithstanding Sections 10220 and 10224, if nomination papers for an incumbent officer of the city are not filed by or on the 92nd 95th day before the election, during normal business hours, as posted, or are filed but then are withdrawn before the close of normal business hours on the 92nd 95th day before the election, the voters shall have until the 88th
90th day before the election during normal business hours, as posted, to nominate candidates other than the person who was the incumbent on the 92nd 95th day, for that incumbent’s elective office.
(b) This section is not applicable where there is no incumbent eligible to be elected. If this section is applicable, notwithstanding Section 10224, a candidate may withdraw their nomination paper until the 88th 90th day before the election during normal business hours,
as posted.
SEC. 18.
Section 10229 of the Elections Code is amended to read:
10229.
(a) If, by the 92nd 95th day, during normal business hours as posted, before the day fixed for a regularly scheduled municipal election or the 88th 90th day before the election, during normal business hours as posted, if an incumbent fails to file or files but then withdraws pursuant to Section 10225, (i) no one or only one person has been nominated for any office that is elected on a citywide basis, or (ii)
no one or only one person is nominated to be elected from or by a legislative district, or (iii) in the case of any office or offices to be elected at large, the number of persons who have been nominated for those offices does not exceed the number to be filled at that election; or, if, by the 92nd 95th day, during normal business hours as posted, before a municipal election to fill any vacancy in office, no one or only one person has been nominated for any elective office to be filled at that election, and the election is subject to Section 36512 of the Government Code, the city elections official shall submit a certificate of these facts to the governing body of the city and inform the governing body of the city that it may, at a
regular or special meeting held before the municipal election, adopt one of the following courses of action:
(1) Appoint to the office the person who has been nominated.
(2) Appoint to the office an eligible elector if no one has been nominated.
(3) Hold the election, if either no one or only one person has been nominated. The city elections official shall publish a notice of the facts described in this section and the courses of action available under this subdivision. Publication shall be made pursuant to Section 6061 of the Government Code in any newspaper of general circulation as designated by the city elections official.
After the fifth day following the date of posting or publication, the governing body of the city may make the appointment or direct an election to be held in the affected territory. The person appointed, if any, shall qualify and take office and serve exactly as if elected at a municipal election for the office.
Notwithstanding Section 10403, if, by the 75th day before the municipal election, no person has been appointed to office pursuant to paragraph (1) or (2), the election shall be held.
(b) Subdivision (a) shall not apply if, at the regularly scheduled municipal election, more than one person has been nominated to another city office to be elected on a citywide basis or a city measure has qualified and is to be submitted to the voters at that municipal election.
(c) Notwithstanding Chapter 1 (commencing with Section 8600) of Part 3 of Division 8, or any other provision of the law to the contrary, if the governing body of a city makes an appointment pursuant to subdivision (a), the elections official shall not accept for filing any statement of write-in candidacy that is submitted after the appointment is made.
(d) Nothing in this section shall be construed to prevent a city from enacting an ordinance pursuant to Section 36512 of the Government Code, requiring that a special election be held, or from enacting an ordinance pursuant to Section 36512 of the Government Code, providing that a person appointed to fill a vacancy on the city council shall hold office only until the date of the special election, or both. Any ordinance or ordinances may allow for appointment consistent with subdivision (a) without requiring or providing for a special election.
If an appointment to office is made in a particular legislative district pursuant to subdivision (a), that appointment shall not affect the conduct of the municipal election in other legislative districts of the city.
SEC. 19.
Section 10403 of the Elections Code is amended to read:
10403.
(a) Whenever Except as provided in subdivision (d), whenever an election called by a district, city, or other political subdivision for the submission of a question, proposition, or office to be filled is to be consolidated with a statewide election, and the question, proposition, or office to be filled is to appear upon the same ballot as that provided for the statewide election, the district, city, or other political subdivision shall, at least 88
95 days prior to the date of the election, file with the board of supervisors, and a copy with the elections official, a resolution of its governing board that does all of the following:
(1) Requests that the district, city, or other political subdivision election be consolidated with the statewide election.
(2) Sets forth the exact form of the question, proposition, or office to be voted upon at the election, as it is to appear on the ballot. The question or proposition to appear on the ballot shall conform to this code governing the wording of propositions submitted to the voters at a statewide election.
(3) Acknowledges that the consolidated election will be held and conducted in the manner prescribed in Section 10418.
(b) The resolution requesting the consolidation shall be adopted and filed at the same time as the adoption of the ordinance, resolution, or order calling the election.
(c) The names of the candidates to appear upon the ballot where district, city, or other political subdivision offices are to be filled shall be filed with the county elections official no later than 81
88 days prior to the election.
(d) In lieu of filing a resolution pursuant to subdivision (a) with the board of supervisors and filing a copy with the elections official, a district, city, or other political subdivision may file the resolution with only the elections official if, at least 95 days before the date of the election, either of the following requirements is met:
(1) The elections official provides the resolution to the board of supervisors.
(2) The board of supervisors has authorized the elections official to receive resolutions and consolidate elections without seeking new approval by the board of supervisors for each election.
SEC. 19.SEC. 20.
Section 10407 of the Elections Code is amended to read:
10407.
(a) Notwithstanding any other provision of law, whenever other elections are consolidated with a regularly scheduled election, the period for the filing of nomination documents by candidates in elections consolidated with the regularly scheduled election shall commence on the 118th 120th day before the election. The nomination documents shall be filed not later than the close of business on the 92nd 95th day
before the regularly scheduled election in the office of the appropriate officer, during regular office hours.
(b) Notwithstanding subdivision (a), if nomination documents for an incumbent officer of a political subdivision are not filed by the close of business on the 92nd 95th day before the election, or are filed but then are withdrawn before the close of normal business hours on the 92nd 95th day before the election, any person other than the person who was the incumbent on the 92nd
95th day shall have until the close of business on the 88th 90th day before the election to file nomination documents for the elective office. This section is not applicable where there is no incumbent eligible to be elected.
SEC. 20.SEC. 21.
Section 10510 of the Elections Code is amended to read:
10510.
(a) Forms for declarations of candidacy for all district offices shall be obtained from the office of the county elections official. The county elections official may, for convenience or necessity, authorize the district secretary to issue declarations of candidacy. The forms shall first be available on the 118th 120th day prior to the general district election and shall be filed not later than 5 p.m. on the 92nd 95th
day prior to the general district election in the office of the county elections official during regular office hours or may be filed by certified mail so that the forms reach the office of the county election official no later than the deadline for filing in that office. The county elections official shall record the date of filing upon the first page of each declaration of candidacy filed pursuant to this section. No candidate shall withdraw their declaration of candidacy after 5 p.m. on the 92nd 95th day prior to the general district election.
(b) Notwithstanding any other provision of law, a person shall not file nomination papers for more than one district office or term of office for the same district at the same election.
(c) On request of the district secretary, the county elections official shall provide the secretary with a copy of each declaration of candidacy filed pursuant to this section.
SEC. 21.SEC. 22.
Section 10516 of the Elections Code is amended to read:
10516.
(a) Notwithstanding any other provision of law, in any district or agency election, if a declaration of candidacy for an incumbent elective officer of a district is not filed by 5 p.m. on the 92nd 95th day before the general district election, or is filed but then is withdrawn before 5 p.m. on the 92nd 95th day before the election, any person other than the person who was the incumbent on the 92nd
95th day shall have until 5 p.m. on the 88th 90th day before the election to file a declaration of candidacy for the elective office.
(b) This section is not applicable where there is no incumbent to be elected. If this section is applicable, notwithstanding Section 10510, a candidate may withdraw their declaration of candidacy until 5 p.m. on the 88th 90th day before the general election.
SEC. 22.SEC. 23.
Section 10603 of the Elections Code is amended to read:
10603.
(a) In any school district or community college district governing board election the name of any person shall be placed on the ballot, subject to Sections 35107 and 72103 of the Education Code, if there is filed with the county elections official having jurisdiction, not more than 118 120 days nor less than 92 95 days prior to the election, a declaration of candidacy containing the appropriate information
in the blank spaces and signed by the person whose name is thereby to be placed on the ballot.
(b) No candidate whose declaration of candidacy has been filed for any school district or community college district governing board election or county board of education election may withdraw as a candidate after the 92nd 95th day prior to the election.
(c) Notwithstanding any other provision of law, except as provided in subdivision (d), no person shall file nomination papers for more than one district office, including a county board of education office, at the same election.
(d) Notwithstanding any other provision of law, if a proposal to form a unified school district is on the same ballot as the election of governing board members of that district, any candidate for a position on the existing governing board may file nomination papers for that position pursuant to subdivision (a) and may, at the same election, also file nomination papers for a position on the governing board of the proposed unified school district.
SEC. 23.SEC. 24.
Section 10604 of the Elections Code is amended to read:
10604.
(a) Notwithstanding Section 10603, if a declaration of candidacy for an incumbent member of a school district or community college district governing board or of a county board of education is not filed by 5 p.m. on the 92nd 95th day before the election, or is filed but then is withdrawn before 5 p.m. on the 92nd 95th day before the election, any person, other than the person who was the
incumbent on the 92nd 95th day, shall have until 5 p.m. on the 88th 90th day before an election to file a declaration of candidacy for the elective office.
(b) This section is not applicable where there is no incumbent eligible to be elected. If this section is applicable, notwithstanding Section 10603, a candidate whose declaration of candidacy has been filed for any school district or community college district governing board election or county board of education election may withdraw as a candidate until 5
p.m. on the 88th
90th day before the election.
SEC. 25.
Section 10703 of the Elections Code is amended to read:
10703.
(a) (1) Except as provided in paragraph (2), a special election to fill a vacancy in the office of Representative in Congress, State Senator, or Member of the Assembly shall be conducted on a Tuesday at least 126 133 days, but not more than 140 147 days, following the issuance of an election proclamation by the Governor pursuant to Section 1773 of the Government Code.
(2) A special election to fill a vacancy in an office listed in paragraph (1) may be conducted within 200 days following the proclamation in order to consolidate the election or the primary election with an election occurring wholly or partially within the same territory in which the vacancy exists.
(b) Except as provided in Chapter 3 (commencing with Section 10730), a special election or a primary election shall not be conducted on the day after a state holiday.
Section 10704 of the Elections Code is amended to read:
10704.
(a) Except as provided in subdivision (b), a special primary election shall be held in the district in which the vacancy occurred on the 10th Tuesday or, if the 10th Tuesday is the day of or the day following a state holiday, the 11th Tuesday preceding the day of the special general election at which the vacancy is to be filled. Candidates at the primary election shall be nominated in the manner set forth in Chapter 1 (commencing with Section 8000) of Part 1 of Division 8, except that nomination papers shall not be circulated more than 78 days before the primary election, shall be left with the county elections official for examination not less than 60 days before the primary election, and shall be filed with the Secretary of State not less than 60 days before the primary election.
(b) A special primary election shall be held in the district in which the vacancy occurred on the 11th Tuesday preceding the day of the special general election at which the vacancy is to be filled if both of the following conditions apply:
(1) The 11th Tuesday preceding the day of the special general election is an established election date pursuant to Section 1000.
(2) A statewide or local election occurring wholly or partially within the same territory in which the vacancy exists is scheduled for the 11th Tuesday preceding the day of the special general election.
(c) The sample ballot for a special election shall contain a written explanation of the election procedure for voter-nominated office as specified in subdivision (b) of Section 9083.5. Immediately after the explanation shall be printed the following: “If one candidate receives more than 50% of the votes cast at the special primary election, the candidate will be elected to fill the vacancy and no special general election will be held.”
(d) On the ballot for a special election, immediately before or above the first contest for a voter-nominated office, the following words shall be printed:
“Voter-Nominated Offices
All voters may vote in these contests.
Candidates display a party preference (or None) for the information of voters. This is not a party endorsement or approval.”
SEC. 26.
Section 12101 of the Elections Code is amended to read:
12101.
(a) Not earlier than the 127th 134th nor later than the 113th 120th day before any municipal election to fill offices, the city elections official shall publish a notice of the election in the city pursuant to Section 6061 of the Government Code. The notice shall be headed “Notice of Election,” and shall contain a statement of:
(1) The time of the election.
(2) The offices to be filled, specifying full term or short term, as the case may be.
(b) With respect to a special election to fill a vacancy in office, unless the city has enacted an ordinance as referred to in subdivision (d) of Section 10229, and the ordinance does not allow for appointment to fill the vacancy and requires the vacancy to be filled in the special election, the notice shall also state that if no one or only one person is nominated for an elected office, appointment to the elective office may be made as prescribed by Section 10229.
If there is no newspaper of general circulation published and circulated in the city, the notice shall be typewritten and copies shall be posted conspicuously within the time prescribed in at least three public places in the city.
SEC. 27.
Section 12262 of the Elections Code is amended to read:
12262.
Jurisdictional boundary changes occurring less than 125 132 days before an election shall not be effective for purposes of that election. Voters residing within an area affected by a boundary change, occurring within 125 132 days before an election, shall vote at the ensuing election in all respects as if a boundary change had not occurred.
SEC. 25.SEC. 28.
Section 13107.3 of the Elections Code is amended to read:
13107.3.
(a) A candidate who submits a ballot designation pursuant to subdivision (a) of Section 13107 shall complete and file a ballot designation worksheet that supports the use of that ballot designation by the candidate, in a format prescribed by the Secretary of State. The candidate shall, under penalty of perjury, certify the truth and accuracy of the content of the ballot designation worksheet.
(c)
(b) The ballot designation worksheet shall be filed with the elections official at the same time that the candidate files their declaration of candidacy.
(c) In the event that a candidate fails to file either a ballot designation worksheet in accordance with subdivision (a), the documentary evidence required by subdivision (b), or both, no designation shall appear under the candidate’s name on the ballot.
SEC. 29.
Section 13112 of the Elections Code is amended to read:
13112.
The Secretary of State shall conduct a drawing of the letters of the alphabet, the result of which shall be known as a randomized alphabet. The procedure shall be as follows:
(a) Each letter of the alphabet shall be written on a separate slip of paper, each of which shall be folded and inserted into a capsule. Each capsule shall be opaque and of uniform weight, color, size, shape, and texture. The capsules shall be placed in a container, which shall be shaken vigorously in order to mix the capsules thoroughly. The container then shall be opened and the capsules removed at random one at a time. As each is removed, it shall be opened and the letter on the slip of paper read aloud and written down. The resulting random order of letters constitutes the randomized alphabet, which is to be used in the same manner as the conventional alphabet in determining the order of all candidates in all elections. For example, if two candidates with the surnames Campbell and Carlson are running for the same office, their order on the ballot will depend on the order in which the letters M and R were drawn in the randomized alphabet drawing.
(b) (1) There shall be six drawings, three in each even-numbered year and three in each odd-numbered year. Each drawing shall be held at 11 a.m. on the date specified in this subdivision. The results of each drawing shall be mailed immediately to each county elections official responsible for conducting an election to which the drawing is applicable, who shall use it in determining the order on the ballot of the names of the candidates for office.
(A) The first drawing under this subdivision shall take place on the 82nd
89th day before the April general law city elections of an even-numbered year, and shall apply to those elections and any other elections held at the same time.
(B) The second drawing under this subdivision shall take place on the 82nd 89th day before the direct primary of an even-numbered year, and shall apply to all candidates on the ballot in that election.
(C) (i) The third drawing under this subdivision shall take place on the 82nd 89th
day before the November general election of an even-numbered year, and shall apply to all candidates on the ballot in the November general election.
(ii) In the case of the primary election and the November general election, the Secretary of State shall certify and transmit to each county elections official the order in which the names of federal and state candidates, with the exception of candidates for State Senate and Assembly, shall appear on the ballot. The elections official shall determine the order on the ballot of all other candidates using the appropriate randomized alphabet for that purpose.
(D) The fourth drawing under this subdivision shall take place on the 82nd 89th
day before the March general law city elections of each odd-numbered year, and shall apply to those elections and any other elections held at the same time.
(E) The fifth drawing under this subdivision shall take place on the 82nd 89th day before the first Tuesday after the first Monday in June of each odd-numbered year, and shall apply to all candidates on the ballot in the elections held on that date.
(F) The sixth drawing under this subdivision shall take place on the 82nd 89th day
before the first Tuesday after the first Monday in November of the odd-numbered year, and shall apply to all candidates on the ballot in the elections held on that date.
(2) In the event there is to be an election of candidates to a special district, school district, charter city, or other local government body at the same time as one of the five major election dates specified in subparagraphs (A) to (F), inclusive, and the last possible day to file nomination papers for the local election would occur after the date of the drawing for the major election date, the procedure set forth in Section 13113 shall apply.
(c) Each randomized alphabet drawing shall be open to the public. At least 10 days prior to a drawing, the Secretary of State shall notify the news media and other interested parties of the date, time, and place of the drawing. The president of each statewide association of local officials with responsibilities for conducting elections shall be invited by the Secretary of State to attend each drawing or send a representative. The state chairman of each qualified political party shall be invited to attend or send a representative in the case of drawings held to determine the order of candidates on the primary election ballot, the November general election ballot, or a special election ballot as provided for in subdivision (d).
(d) In the case of any special election for State Assembly, State Senate, or Representative in Congress, on the first weekday after the close of filing of nomination papers for the office, the Secretary of State shall conduct a public drawing to produce a randomized alphabet in the same manner as provided for in subdivisions (a) and (c). The resulting randomized alphabet shall be used for determining the order on the ballot of the candidates in both the primary election for the special election and in the special election.
SEC. 26.SEC. 30.
Section 13307 of the Elections Code is amended to read:
13307.
(a) (1) Each candidate for nonpartisan elective office in any local agency, including any city, county, city and county, or district, may prepare a candidate’s statement on an appropriate form provided by the elections official. The statement may include the name, age, and occupation of the candidate and a brief description, of no more than 200 words, of the candidate’s own education and qualifications expressed by the candidate. However, the governing body of the local agency may authorize an increase in the limitations on words for the statement from 200 to 400 words. The statement shall not include the party affiliation of the candidate, nor membership or activity in partisan political organizations.
(2) The statement authorized by this subdivision shall be filed in the office of the elections official when the candidate’s nomination papers are returned for filing, if it is for a primary election, or for an election for offices for which there is no primary. The statement shall be filed in the office of the elections official no later than the 93rd 95th day before the election, if it is for an election for which nomination papers are not required to be filed. If a runoff election or general election occurs within 93 95
days of the primary or first election, the statement shall be filed with the elections official by the third day following the governing body’s declaration of the results from the primary or first election.
(3) Except as provided in Section 13309, the statement may be withdrawn, but not changed, during the period for filing nomination papers and until 5 p.m. of the next working day after the close of the nomination period.
(b) (1) The elections official shall send to each voter a county voter information guide that contains the written statements of each candidate that is prepared pursuant to subdivision (a). The statement of each candidate shall be printed in type of uniform size and darkness, and with uniform spacing.
(2) The elections official shall provide a Spanish translation to those candidates who wish to have one, and shall select a person to provide that translation who is one of the following:
(A) A certified and registered interpreter on the Judicial Council Master List.
(B) An interpreter categorized as “certified” or “professionally qualified” by the Administrative Office of the United States Courts.
(C) From an institution accredited by a regional or national accrediting agency recognized by the United States Secretary of Education.
(D) A current voting member in good standing of the American Translators Association.
(E) A current member in good standing of the American Association of Language Specialists.
(c) (1) In addition to the statement prepared pursuant to subdivision (a), if the elections official who is conducting the election or the county elections official who is conducting a local agency’s election, including a local election that is consolidated with the county election, permits electronic distribution of a candidate’s statement, each candidate for nonpartisan elective office in the local agency may prepare a candidate’s statement for the purpose of electronic distribution pursuant to this subdivision.
(2) A statement prepared pursuant to this subdivision shall be posted on the website of the elections official, and may be included in a voter’s pamphlet that is electronically distributed by the elections official pursuant to Section 13300.7, but shall not be included in a voter’s pamphlet that is printed and mailed to voters pursuant to subdivision (b).
(3) A statement that is printed in the voter’s pamphlet and mailed to voters pursuant to subdivision (b) shall be included with the statement that is prepared and electronically distributed pursuant to this subdivision.
(4) A statement that is prepared and electronically distributed pursuant to this subdivision shall be displayed in type of uniform size and darkness, and with uniform spacing.
(5) The elections official shall provide a Spanish translation to those candidates who wish to have one, and shall select a person to provide that translation who is one of the persons listed in paragraph (2) of subdivision (b).
(d) The local agency may estimate the total cost of printing, handling, translating, mailing, and electronically distributing candidate’s statements filed pursuant to this section, including costs incurred as a result of complying with the federal Voting Rights Act of 1965, as amended. The local agency may require each candidate filing a statement to pay in advance to the local agency the candidate’s estimated pro rata share as a condition of having the candidate’s statement included in the county voter information guide or electronically distributed. In the event the estimated payment is required, the receipt for the payment shall include a written notice that the estimate is just an approximation of the actual cost that varies from one election to another election and may be significantly more or less than the estimate, depending on the actual number of candidates filing statements. Accordingly, the local agency is not bound by the estimate and may, on a pro rata basis, bill the candidate for additional actual expense or refund any excess paid depending on the final actual cost. In the event of underpayment, the local agency may require the candidate to pay the balance of the cost incurred. In the event of overpayment, the local agency that, or the elections official who, collected the estimated cost shall prorate the excess amount among the candidates and refund the excess amount paid within 30 days of the election.
(e) This section shall not be deemed to make any statement, or the authors of any statement, free or exempt from any civil or criminal action or penalty because of any false, slanderous, or libelous statements offered for printing electronic distribution pursuant to this section or contained in the county voter information guide.
(f) Before the nominating period opens, the local agency for that election shall determine whether a charge shall be levied against that candidate for the candidate’s statement sent to each voter and, if authorized pursuant to subdivision (c), for the electronically distributed candidate’s statement. This decision shall not be revoked or modified after the seventh day before the opening of the nominating period. A written statement of the regulations with respect to charges for handling, packaging, mailing, and electronic distribution shall be provided to each candidate or each candidate’s representative, at the time they pick up the nomination papers.
(g) For purposes of this section and Section 13310, the board of supervisors is the governing body of judicial elections.
SEC. 30.5.
Section 13307 of the Elections Code is amended to read:
13307.
(a) (1) Each candidate for nonpartisan elective office in any local agency, including any city, county, city and county, or district, may prepare a candidate’s statement on an appropriate form provided by the elections official. The statement may include the name, age, and occupation of the candidate and a brief description, of no more than 200 words, of the candidate’s own education and qualifications expressed by the candidate. However, the governing body of the local agency may authorize an increase in the limitations on words for the statement from 200 to 400 words. The statement shall not include the party affiliation of the candidate, nor membership or activity in partisan political organizations.
(2) The statement authorized by this
subdivision shall be filed in the office of the elections official when the candidate’s nomination papers are returned for filing, if it is for a primary election, or for an election for offices for which there is no primary. The statement shall be filed in the office of the elections official no later than the 88th 95th day before the election, if it is for an election for which nomination papers are not required to be filed. If a runoff election or general election occurs within 88 95 days of the primary or first election, the statement shall be filed with the elections official by the third day following the governing body’s
declaration of the results from the primary or first election.
(3) Except as provided in Section 13309, the statement may be withdrawn, but not changed, during the period for filing nomination papers and until 5 p.m. of the next working day after the close of the nomination period.
(b) (1) The elections official shall send to each voter a county voter information guide that contains the written statements of each candidate that is prepared pursuant to subdivision (a). The statement of each candidate shall be printed in type of uniform size and darkness, and with uniform spacing.
(2) The elections official shall provide a Spanish translation to those candidates who wish to have one, and shall select a person to provide that translation who is one of the following:
(A) A certified and registered interpreter on the Judicial Council Master List.
(B) An interpreter categorized as “certified” or “professionally qualified” by the Administrative Office of the United States Courts.
(C) From an institution accredited by a regional or national accrediting agency recognized by the United States Secretary of Education.
(D) A current voting member in good standing of the American Translators Association.
(E) A current member in good standing of the American Association of Language Specialists.
(c) (1) In addition to the statement prepared pursuant to subdivision (a), if the elections official who is conducting the election or the county elections official who is conducting a local agency’s election, including a local election that is consolidated with the county election, permits electronic distribution of a candidate’s statement, each candidate for nonpartisan elective office in the local agency may prepare a candidate’s statement for the purpose of electronic distribution pursuant to this subdivision.
(2) A statement prepared pursuant to this subdivision shall be posted on the website of the elections official, and may be included in a voter’s pamphlet that is electronically distributed by the elections official pursuant to Section 13300.7, but shall not be included in a voter’s pamphlet that is printed and mailed to voters pursuant to subdivision (b).
(3) A statement that is printed in the voter’s pamphlet and mailed to voters pursuant to subdivision (b) shall be included with the statement that is prepared and electronically distributed pursuant to this subdivision.
(4) A statement that is prepared and electronically distributed pursuant to this subdivision shall be displayed in type of uniform size and darkness, and with uniform spacing.
(5) The elections official shall provide a Spanish translation to those candidates who wish to have one, and shall select a person to provide that translation who is one of the persons listed in paragraph (2) of subdivision (b).
(d) The local agency may estimate the total cost of printing, handling, translating, mailing, and electronically distributing candidate’s statements filed pursuant to this section, including costs incurred as a result of complying with Section 14035 and the federal Voting Rights Act of 1965, as amended. The local agency may require each candidate filing a statement to pay in advance to the local agency the candidate’s estimated pro rata share as a condition of having the candidate’s statement included in the county voter information guide or electronically distributed. In the event the estimated payment is required, the receipt for the payment shall include a written notice that the estimate is just an approximation of the actual cost that varies from one election to another election and may be significantly more or less than the estimate, depending on the actual number of candidates filing statements. Accordingly, the local agency is not bound by the estimate and may, on a pro rata basis, bill the candidate for additional actual expense or refund any excess paid depending on the final actual cost. In the event of underpayment, the local agency may require the candidate to pay the balance of the cost incurred. In the event of overpayment, the local agency that, or the elections official who, collected the estimated cost shall prorate the excess amount among the candidates and refund the excess amount paid within 30 days of the election.
(e) This section shall not be deemed to make any statement, or the authors of any statement, free or exempt from any civil or criminal action or penalty because of any false, slanderous, or libelous statements offered for printing electronic distribution pursuant to this section or contained in the county voter information guide.
(f) Before the nominating period opens, the local agency for that election shall determine whether a charge shall be levied against that candidate for the candidate’s statement sent to each voter and, if authorized pursuant to subdivision (c), for the electronically distributed candidate’s statement. This decision shall not be revoked or modified after the seventh day before the opening of the nominating period. A written statement of the regulations with respect to charges for handling, packaging, mailing, and electronic distribution shall be provided to each candidate or each candidate’s representative, at the time they pick up the nomination papers.
(g) For purposes of this section and Section 13310, the board of supervisors is the governing body of judicial elections.
SEC. 31.
Section 30.5 of this bill incorporates amendments to Section 13307 of the Elections Code proposed by both this bill and SB 1360. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2027, (2) each bill amends Section 13307 of the Elections Code, and (3) this bill is enacted after SB 1360, in which case Section 30 of this bill shall not become operative.
SEC. 27.SEC. 32.
No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.