Elections Code

§ 1 Division 0.5, Chapter 1 This act shall be known as the Elections Code. (Enacted by Stats. 1994, Ch. 920, Sec. 2.) § 2 Division 0.5, Chapter 1 The provisions of this code, insofar as they are substantially the same as existing statutory provisions relating to the same subject matter, shall be construed as restatements and continuations, and not as new enactments. (Enacted by Stats. 1994, Ch. 920, Sec. 2.) § 3 Division 0.5, Chapter 1 If any provision of this code or the application thereof to any person or circumstance is held invalid, the remainder of the code and the application of that provision to other persons or circumstances shall not be affected thereby. (Enacted by Stats. 1994, Ch. 920, Sec. 2.) § 4 Division 0.5, Chapter 1 Unless the provision or the context otherwise requires, these general provisions, rules of construction, and definitions shall govern the construction of this code. (Enacted by Stats. 1994, Ch. 920, Sec. 2.) § 5 Division 0.5, Chapter 1 Division, part, chapter, article, and section headings do not in any manner affect the scope, meaning, or intent of this code. (Enacted by Stats. 1994, Ch. 920, Sec. 2.) § 6 Division 0.5, Chapter 1 Whenever a power is granted to, or a duty is imposed upon, a public officer, the power may be exercised or the duty may be performed by a deputy of the officer or by a person authorized, pursuant to law, by the officer, unless this code expressly provides otherwise. (Enacted by Stats. 1994, Ch. 920, Sec. 2.) § 7 Division 0.5, Chapter 1 Writing includes any form of recorded message capable of comprehension by ordinary visual means. Whenever any notice, report, statement or record is required or authorized by this code, it shall be made in writing in the English language unless it is expressly provided otherwise. (Enacted by Stats. 1994, Ch. 920, Sec. 2.) § 8 Division 0.5, Chapter 1 As used in this code, the present tense includes the past and future tenses, and the future the present; the masculine gender includes the feminine; and the singular includes the plural, and the plural, the singular. (Enacted by Stats. 1994, Ch. 920, Sec. 2.) § 9 Division 0.5, Chapter 1 (a) Counting of words, for purposes of this code, shall be as follows: (1) Punctuation is not counted. (2) Each word shall be counted as one word except as specified in this section. (3) All proper nouns, including geographical names, shall be considered as one word; for example, “City and County of San Francisco” shall be counted as one word. (4) Each abbreviation for a word, phrase, or expression shall be counted as one word. (5) Hyphenated words that appear in any generally available standard reference dictionary, published in the United States at any time within the 10 calendar years immediately preceding the election for which the words are counted, including a generally available standard reference dictionary published online, shall be considered as one word. Each part of all other hyphenated words shall be counted as a separate word. (6) Dates shall be counted as one word. (7) Any number consisting of a digit or digits shall be considered as one word. Any number which is spelled, such as “one,” shall be considered as a separate word or words. “One” shall be counted as one word whereas “one hundred” shall be counted as two words. “100” shall be counted as one word. (8) Telephone numbers shall be counted as one word. (9) Internet website addresses shall be counted as one word. (b) This section does not apply to counting words for ballot designations under Section 13107. (Amended by Stats. 2023, Ch. 479, Sec. 1. (AB 1762) Effective January 1, 2024.) § 10 Division 0.5, Chapter 1 (a) The Secretary of State is the chief elections officer of the state, and has the powers and duties specified in this code and Section 12172.5 of the Government Code. (b) (1) The Secretary of State shall make reasonable efforts to do all of the following: (A) Promote voter registration to eligible voters. (B) Encourage eligible voters to vote. (C) Promote preregistration to eligible citizens. (D) Promote civic learning and engagement to prepare students and new citizens to register to vote and to vote. (2) In undertaking these efforts, the Secretary of State shall prioritize communities that have been historically underrepresented in voter registration or voting. (c) Beginning in the year before the federal decennial census and continuing through the completion of the enumeration activities for that census, the Secretary of State shall incorporate messages into public election materials produced by the Secretary of State that promote awareness of, and encourage participation in, the census. In undertaking this effort, the Secretary of State shall prioritize messages that are designed to overcome significant challenges to a complete and accurate enumeration of the state, including messages targeted at overcoming barriers to participation by historically hard-to-count communities based on response rate data from the United States Census Bureau. (Amended by Stats. 2018, Ch. 652, Sec. 2. (AB 2592) Effective January 1, 2019.) § 10.5 Division 0.5, Chapter 1 (a) There is established within the Secretary of State the Office of Elections Cybersecurity. (b) The primary missions of the Office of Elections Cybersecurity are both of the following: (1) To coordinate efforts between the Secretary of State and local elections officials to reduce the likelihood and severity of cyber incidents that could interfere with the security or integrity of elections in the state. (2) To monitor and counteract false or misleading information regarding the electoral process that is published online or on other platforms and that may suppress voter participation or cause confusion and disruption of the orderly and secure administration of elections. (c) The Office of Elections Cybersecurity shall do all of the following: (1) Coordinate with federal, state, and local agencies the sharing of information on threats to election cybersecurity, risk assessment, and threat mitigation in a timely manner and in a manner that protects sensitive information. (2) In consultation with federal, state, and local agencies and private organizations, develop best practices for protecting against threats to election cybersecurity. (3) In consultation with state and local agencies, develop and include best practices for cyber incident responses in emergency preparedness plans for elections. (4) Identify resources, such as protective security tools, training, and other resources available to state and county elections officials. (5) Advise the Secretary of State on issues related to election cybersecurity, and make recommendations for changes to state laws, regulations, and policies to further protect election infrastructure. (6) Serve as a liaison between the Secretary of State, other state agencies, federal agencies, and local elections officials on election cybersecurity issues. (7) Coordinate efforts within the Secretary of State to protect the security of Internet-connected elections-related resources, including all of the following: (i) The state’s online voter registration system established pursuant to Section 2196. (ii) The statewide voter registration database developed in compliance with the requirements of the federal Help America Vote Act of 2002 (52 U.S.C. Sec. 20901 et seq.). (iii) The Secretary of State’s election night results Internet Web site. (iv) The online campaign and lobbying filing and disclosure system developed by the Secretary of State pursuant to Chapter 4.6 (commencing with Section 84600) of Title 9 of the Government Code. (v) Other parts of the Secretary of State’s Internet Web site. (8) Assess the false or misleading information regarding the electoral process described in paragraph (2) of subdivision (b), mitigate the false or misleading information, and educate voters, especially new and unregistered voters, with valid information from elections officials such as a county elections official or the Secretary of State. (Added by Stats. 2018, Ch. 241, Sec. 1. (AB 3075) Effective January 1, 2019.) § 11 Division 0.5, Chapter 1 On written call of the Secretary of State, the county elections officials, city elections officials, and registrars of voters of this state may meet with the approval of their legislative bodies, at the time and place within this state designated in the call, to discuss matters affecting the administration of the election laws and to promote uniformity of procedure in those matters. Meetings shall not exceed three in any calendar year. Any deputy of a county elections official, city elections official, or registrar of voters, designated for the purpose by his or her principal, may attend these meetings, alone or with his or her principal. The actual and necessary expenses of the county elections official, city elections official, or registrar of voters, and of a deputy, incurred in traveling to and from meetings and in attending the same, for each officer for any one meeting, shall be a charge of the county or city of the elections official or registrar, and payable as other county or city charges. (Enacted by Stats. 1994, Ch. 920, Sec. 2.) § 12 Division 0.5, Chapter 1 Whenever any candidate files a declaration of candidacy, nomination paper, or any other paper evidencing an intention to be a candidate for any public office at any election in this state with either the Secretary of State or a county elections official, the candidate shall by the filing irrevocably appoint the Secretary of State or the county elections official with whom the filing is made, and their successors in office, the candidate’s attorneys upon whom all process in any action or proceeding against the candidate concerning the candidacy or the election laws may be served with the same effect as if the candidate had been lawfully served with process. The appointment shall continue until the day of the election. If in any action or proceeding arising out of or in connection with any matters concerning the candidate’s candidacy or the election laws it is shown by affidavit to the satisfaction of a court or judge that personal service of process against the candidate cannot be made with the exercise of due diligence, the court or judge may make an order that the service be made upon the candidate by delivering by hand to the Secretary of State or the county elections official appointed as the candidate’s attorney for service of process, or to any person employed in the office of the Secretary of State or the county elections official in the capacity of assistant or deputy, one copy of the process for the defendant to be served, together with a copy of the order authorizing the service. Service in this manner constitutes personal service upon the candidate. The Secretary of State and the county elections officials of all counties shall keep a record of all process served upon them under this section, and shall record therein the time of service and their action with reference thereto. Upon the receipt of service of process the Secretary of State or the county elections official shall immediately give notice of the service of the process to the candidate by forwarding the copy of the process to the candidate at the address shown on the candidate’s declaration, nomination paper, affidavit, or other evidence of intention to be a candidate filed with that officer, by certified mail with request for return receipt. (Amended by Stats. 2025, Ch. 304, Sec. 1. (AB 1513) Effective January 1, 2026.) § 13 Division 0.5, Chapter 1 (a) A person shall not be considered a legally qualified candidate for an office, for party nomination for a partisan office, or for nomination to participate in the general election for a voter-nominated office, under the laws of this state unless that person has filed a declaration of candidacy or statement of write-in candidacy with the proper official for the particular election or primary, or is entitled to have his or her name placed on a general election ballot by reason of having been nominated at a primary election, or having been selected to fill a vacancy on the general election ballot as provided in Section 8807, or having been selected as an independent candidate pursuant to Section 8304. (b) Nothing in this section shall be construed as preventing or prohibiting any qualified voter of this state from casting a ballot for a person by writing the name of that person on the ballot, or from having that ballot counted or tabulated, nor shall this section be construed as preventing or prohibiting a person from standing or campaigning for an elective office by means of a “write-in” campaign. However, nothing in this section shall be construed as an exception to the requirements of Section 15341 or to permit a person to be a write-in candidate contrary to Sections 8600 and 8606. (c) It is the intent of the Legislature, in enacting this section, to enable the Federal Communications Commission to determine who is a “legally qualified candidate” in this state for the purposes of administering Section 315 of Title 47 of the United States Code. (Amended by Stats. 2012, Ch. 3, Sec. 1. (AB 1413) Effective February 10, 2012.) § 13.5 Division 0.5, Chapter 1 (a) (1) Notwithstanding subdivision (a) of Section 13, a person shall not be considered a legally qualified candidate for any of the offices set forth in subdivision (b) unless that person has filed all of the following with the proper official: (A) A declaration of candidacy, nomination papers, or statement of write-in candidacy. (B) Documentation that establishes that the person meets each qualification established for service in that office pursuant to subdivision (b). Documentation may include, but is not limited to, certificates, declarations, degrees, diplomas, official correspondences, college transcripts that include training courses taken, or other supporting documents. (C) A declaration, under penalty of perjury, certifying that the information contained within the documentation the person filed pursuant to subparagraph (B) is true and correct. (2) The provision of “documentation,” for purposes of compliance with the requirements of paragraph (1), may include the submission of either an original, as defined in Section 255 of the Evidence Code, or a duplicate, as defined in Section 260 of the Evidence Code. (3) The official with whom the person filed the documentation pursuant to paragraph (1) is not required to verify either of the following: (A) The authenticity or accuracy of the documentation. (B) Whether the documentation is sufficient to establish that the candidate meets each qualification established for service in that office. (b) This section shall be applicable to the following offices and qualifications therefor: (1) For the office of county auditor, the qualifications set forth in Sections 26945 and 26946 of the Government Code. (2) For the office of county district attorney, the qualifications set forth in Sections 24001 and 24002 of the Government Code. (3) For the office of county sheriff, the qualifications set forth in Section 24004.3 of the Government Code. (4) For the office of county superintendent of schools, the qualifications set forth in Sections 1205 to 1208, inclusive, of the Education Code. (5) For the office of judge of the superior court, the qualifications set forth in Section 15 of Article VI of the California Constitution. (6) For the office of county treasurer, county tax collector, or county treasurer-tax collector, the qualifications set forth in Section 27000.7 of the Government Code, provided that the board of supervisors has adopted the provisions of that section pursuant to Section 27000.6 of the Government Code. (Amended by Stats. 2023, Ch. 669, Sec. 1. (AB 910) Effective January 1, 2024.) § 14 Division 0.5, Chapter 1 In case of a disaster in which a portion or all of the voting records of any county are destroyed, the Governor may appoint an election commission to outline and recommend procedures to be followed in the conduct of regular or special elections. The commission shall consist of the Governor, the Secretary of State, the Attorney General, and the county elections official of each county in which destruction occurs. (Enacted by Stats. 1994, Ch. 920, Sec. 2.) § 15 Division 0.5, Chapter 1 Notwithstanding any other provision of law, if the last day for the performance of any act provided for or required by this code shall be a holiday, as defined in Chapter 7 (commencing with Section 6700) of Division 7 of Title 1 of the Government Code, the act may be performed upon the next business day with the same effect as if it had been performed upon the day appointed. For purposes of this section, the Friday in November immediately after Thanksgiving Day shall be considered a holiday. (Enacted by Stats. 1994, Ch. 920, Sec. 2.) § 16 Division 0.5, Chapter 1 A copy of Section 84305 of the Government Code shall be provided by the elections official to each candidate or his or her agent at the time of filing the declaration of candidacy and to the proponents of a local initiative or referendum at the time of filing the petitions. (Enacted by Stats. 1994, Ch. 920, Sec. 2.) § 17 Division 0.5, Chapter 1 The Secretary of State shall establish and maintain administrative complaint procedures, pursuant to the requirements of the federal Help America Vote Act of 2002 (52 U.S.C. Sec. 21112), in order to remedy grievances in the administration of elections. The Secretary of State shall not require that the administrative remedies provided in the complaint procedures established pursuant to this section be exhausted in order to pursue any other remedies provided by state or federal law. (Amended by Stats. 2016, Ch. 86, Sec. 81. (SB 1171) Effective January 1, 2017.) § 20 Division 0.5, Chapter 1 (a) A person shall not be considered a candidate for, and is not eligible to be elected to, any state or local elective office if the person has been convicted of a felony involving accepting or giving, or offering to give, any bribe, the embezzlement of public money, extortion or theft of public money, perjury, or conspiracy to commit any of those crimes. (b) For purposes of this section, “conviction of a felony” includes a conviction of a felony in this state and a conviction under the laws of any other state, the United States, or any foreign government or country of a crime that, if committed in this state, would be a felony, and for which the person has not received a pardon from the Governor of this state, the governor or other officer authorized to grant pardons in another state, the President of the United States, or the officer of the foreign government or country authorized to grant pardons in that foreign jurisdiction. (Added by Stats. 2012, Ch. 160, Sec. 1. (AB 2410) Effective January 1, 2013.) § 21 Division 0.5, Chapter 1 (a) Within three court days after a state or local agency or political subdivision files or is served with a court action relating to elections that contains a claim arising under federal law, the state or local agency or political subdivision shall provide written notice to the Secretary of State and the Attorney General. Notice shall include the case number, case name, and venue. (b) At least 14 court days before a state or local agency or political subdivision enters into a settlement, consent decree, or other court-approved agreement in a court action relating to elections that contains a claim arising under federal law, the state or local agency or political subdivision shall provide a draft copy of the settlement, consent decree, or other court-approved agreement to the Secretary of State and the Attorney General in order to provide them an opportunity to deliver guidance to the state or local agency or political subdivision to ensure that the settlement, consent decree, or other court-approved agreement is consistent with California law, including California regulations. Any records or information exchanged under this section shall be exempt from disclosure under the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code). (c) For purposes of this section, a claim arising under federal law includes, but is not limited to, a claim brought under the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10301 et seq.), the National Voter Registration Act of 1993 (52 U.S.C. Sec. 20501 et seq.), the Help America Vote Act of 2002 (52 U.S.C. Sec. 20901 et seq.), the Civil Rights Act of 1960 (52 U.S.C. Sec. 20701 et seq.), and the Fourteenth and Fifteenth Amendments to the United States Constitution. (d) This section shall not be construed to require the Secretary of State or the Attorney General to become a party to any action of which they receive written notice. (e) The Legislature finds and declares that this section addresses a matter of statewide concern, and therefore this section applies to all cities and counties, including charter cities, charter counties, and charter cities and counties. (Added by Stats. 2025, Ch. 238, Sec. 1. (SB 851) Effective October 1, 2025.) § 23 Division 0.5, Chapter 1 (a) For purposes of this section, the following terms have the following meanings: (1) “Certified voting technology” has the same meaning as defined in Section 17600. (2) “Election records” include, but are not limited to, any records that must be kept, retained, preserved, or sealed by elections officials under this code. (3) “Law enforcement investigation” means an investigation undertaken by a federal, state, or local law enforcement agency. (b) A local agency, political subdivision, or elections official shall provide notice to the Secretary of State and the Attorney General immediately, but no later than one calendar day, after becoming aware of a warrant, subpoena, or active law enforcement investigation pertaining to the search, seizure, or retention of any election records or certified voting technology, or any portion thereof, under their custody or control. (c) Notwithstanding any other law, the Secretary of State or the Attorney General may, as to any matter described in subdivision (b), intervene in any court proceedings connected therewith, or initiate proceedings in any court to challenge a warrant or subpoena described in this section on any valid grounds or seek any other appropriate relief. An action pursuant to this subdivision shall be entitled to calendar preference. (d) This section does not require the Secretary of State or the Attorney General to take any action regarding any warrant, subpoena, or active law enforcement investigation of which they receive notice pursuant to this section. (e) The Legislature finds and declares that this section addresses a matter of statewide concern rather than a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, this section applies to all cities and counties, including charter cities and charter counties. (f) This section shall remain in effect only until January 1, 2030, and as of that date is repealed. (Added by Stats. 2026, Ch. 336, Sec. 2. (AB 1664) Effective September 19, 2026. Repealed as of January 1, 2030, by its own provisions.) § 100 Division 0.5, Chapter 2 (a) Notwithstanding any other provision of law, whenever an initiative, referendum, recall, nominating petition or paper, or any other petition or paper is required to be signed by voters of a county, city, school district, or special district subject to petitioning, only a person who is an eligible registered voter at the time of signing the petition or paper is entitled to sign the petition or paper. A person who submits their affidavit of registration pursuant to subdivision (d) of Section 2102 is not eligible to sign a petition or paper unless at the time of the signing of the petition or paper that person is 18 years of age. (b) A signer shall at the time of signing the petition or paper personally affix their signature, printed name, and place of residence, including the street and number of the place of residence, and if no street or number for the place of residence exists, then a designation of the place of residence that will enable the location to be readily ascertained. An incomplete or inaccurate apartment or unit number in the signer’s residence address shall not invalidate their signature pursuant to Section 105. A space at least one inch wide shall be left blank after each name for the use of the elections official in verifying the petition or paper. (c) The part of a petition for the signatures, printed names, and residence addresses of the voters and for the blank spaces for verification purposes shall be numbered consecutively commencing with the number one and continuing through the number of signature spaces allotted to each section. The petition format shall be substantially in the following form: Official Use Only (Print Name) 1. (Signature) (Residence Address ONLY) (City) (Print Name) 2. (Signature) (Residence Address ONLY) (City) (d) A county elections official who verifies signatures on an initiative, referendum, recall, nominating petition or paper, or any other petition or paper that is required to be signed by voters of a county, city, school district, or special district subject to petitioning may establish and require the use of a standardized petition form for distribution within and submission to the county. (Amended by Stats. 2024, Ch. 120, Sec. 1. (AB 3197) Effective January 1, 2025.) § 100.5 Division 0.5, Chapter 2 Notwithstanding Section 100, a voter who is unable to personally affix on a petition or paper the information required by Section 100 may request another person to print the voter’s name and place of residence on the appropriate spaces of the petition or paper, but the voter shall personally affix his or her mark or signature on the appropriate space of the petition or paper, which shall be witnessed by one person by subscribing his or her name thereon. (Amended by Stats. 2001, Ch. 922, Sec. 2. Effective January 1, 2002.) § 101 Division 0.5, Chapter 2 (a) Notwithstanding any other law, a state or local initiative, referendum, or recall petition required to be signed by voters shall contain in 11-point type, before that portion of the petition for voters’ signatures, printed names, and residence addresses, the following language, in order: (1) “NOTICE TO THE PUBLIC:”. This text shall be in a boldface type. (2) If the petition includes the disclosure statement described by subdivision (b) of Section 107, the text “SIGN ONLY IF IT IS THE SAME MONTH SHOWN IN THE OFFICIAL TOP FUNDERS OR YOU SAW AN “OFFICIAL TOP FUNDERS” SHEET FOR THIS MONTH.” This text shall be in a boldface type. (3) “THIS PETITION MAY BE CIRCULATED BY A PAID SIGNATURE GATHERER OR A VOLUNTEER. YOU HAVE THE RIGHT TO ASK.” This text shall be in a non-boldface type. (b) A state initiative petition shall contain, in the same location and type size described in subdivision (a), the following language in a non-boldface type: “THE PROPONENTS OF THIS PROPOSED INITIATIVE MEASURE HAVE THE RIGHT TO WITHDRAW THIS PETITION AT ANY TIME BEFORE THE MEASURE QUALIFIES FOR THE BALLOT.” (Amended by Stats. 2022, Ch. 887, Sec. 2. (SB 1360) Effective January 1, 2023.) § 102 Division 0.5, Chapter 2 A person shall not circulate a state or local initiative, referendum, or recall petition or nominating paper unless the person is 18 years of age or older. (Amended by Stats. 2013, Ch. 278, Sec. 1. (SB 213) Effective January 1, 2014.) § 103 Division 0.5, Chapter 2 A voter who has signed an initiative, referendum, or recall petition pursuant to the Constitution or laws of this state shall have their signature withdrawn from the petition upon filing a written request that includes the name or title of the petition and the voter’s name, residence address, and signature with the appropriate county elections official or city elections official prior to the day the petition is filed. A written request made under this section shall not constitute a petition or paper for purposes of Section 104. (Amended by Stats. 2022, Ch. 166, Sec. 1. (AB 2967) Effective January 1, 2023.) § 104 Division 0.5, Chapter 2 (a) Wherever any petition or paper is submitted to the elections official, each section of the petition or paper shall have attached to it a declaration signed by the circulator of the petition or paper, setting forth, in the circulator’s own hand, the following: (1) The printed name of the circulator. (2) The residence address of the circulator, giving street and number, or if no street or number exists, adequate designation of residence so that the location may be readily ascertained. (3) The dates between which all the signatures to the petition or paper were obtained. (b) Each declaration submitted pursuant to this section shall also set forth the following: (1) That the circulator circulated that section and witnessed the appended signatures being written. (2) That according to the best information and belief of the circulator, each signature is the genuine signature of the person whose name it purports to be. (3) That the circulator is 18 years of age or older. (4) If the petition does not include the disclosure statement described by subdivision (b) of Section 107, that the circulator showed each signer a valid and unfalsified “Official Top Funders” sheet, as required by Section 107. (c) The circulator shall certify the content of the declaration as to its truth and correctness, under penalty of perjury under the laws of the State of California, with the signature of the circulator’s name. The circulator shall state the date and the place of execution on the declaration immediately preceding the circulator’s signature. (Amended by Stats. 2019, Ch. 563, Sec. 2. (SB 47) Effective January 1, 2020.) § 105 Division 0.5, Chapter 2 (a) (1) For purposes of verifying a signature on an initiative, referendum, recall, nomination, or other election petition or paper, the elections official shall determine that the residence address on the petition or paper is the same as the residence address on the affidavit of registration. If the addresses are different, or if the petition or paper does not specify the residence address, or, in the case of an initiative or referendum petition, the information specified in Section 9020 is not contained in the petition, the affected signature shall not be counted as valid. (2) Notwithstanding paragraph (1), the elections official shall not invalidate a signature for an incomplete or inaccurate apartment or unit number in the signer’s residence address. (b) A signature invalidated pursuant to this section shall not affect the validity of another valid signature on the particular petition or paper. (Amended by Stats. 2014, Ch. 909, Sec. 4. (AB 2562) Effective January 1, 2015.) § 106 Division 0.5, Chapter 2 Notwithstanding any other provision of law: (a) Any registered voter who is a candidate for any office may obtain signatures to and sign his or her own nomination papers. The candidate’s signature shall be given the same effect as that of any other qualified signer. (b) Any person engaged in obtaining signatures to the nomination papers of a candidate for any office or to any recall, initiative or referendum petition, may, if otherwise qualified to sign the papers or petition, sign the papers or petition. The signature of the person shall be given the same effect as that of any other qualified signer. (Enacted by Stats. 1994, Ch. 920, Sec. 2.) § 107 Division 0.5, Chapter 2 (a) (1) A committee formed pursuant to Section 82013 of the Government Code that pays for the circulation of a state or local initiative, referendum, or recall petition shall create an Official Top Funders sheet as follows, with all text in a black roman type with a type size of 14 point on a plain, contrasting background, and centered horizontally, except as described below. None of the text shall have its type condensed or have the spacing between characters reduced to be narrower than a normal roman type. Unless otherwise specified, the text shall not be boldface type. (2) At the top of the sheet shall appear the text “OFFICIAL TOP FUNDERS. Valid only for”, followed by a month and year that starts at most seven days after the date the top contributors as defined in subdivision (c) of Section 84501 of the Government Code were last confirmed. This text shall be boldface type and with a type size of at least 16 point. (3) Next, separated by a blank horizontal line from the text in paragraph (2), shall appear the title of the initiative, referendum, or recall as it appears on the petition, in all capital letters. (4) (A) Next, separated by a blank horizontal line from the text in paragraph (3), shall appear a disclosure statement in a printed or drawn box with a black border. (B) At the top of the disclosure statement shall appear the text “Petition circulation paid for by” in boldface text. (C) Next, on a separate horizontal line, shall appear the name of the committee as it appears on the most recent Statement of Organization filed pursuant to Section 84101 of the Government Code. If the committee has any top contributors as defined in subdivision (c) of Section 84501 of the Government Code, it shall be followed by a blank horizontal line and then the underlined text “Committee major funding from:”. (D) The top contributors as defined in subdivision (c) of Section 84501 of the Government Code, if any, shall each be disclosed in boldface text on a separate horizontal line separate from any other text, in descending order, beginning with the top contributor who made the largest cumulative contributions, as defined in subdivision (b) of Section 84501 of the Government Code, on the first line. (E) The committee, in its discretion, may include the underlined text “Endorsed by:”, followed by a list, not underlined, of up to three endorsers. The text pursuant to this subparagraph shall be separated from the text above and below it by a blank horizontal line. (F) The following line shall include the text “Latest Official Top Funders:” followed by either (i) the internet web page on the Secretary of State’s internet website that lists the “Official Top Funders” statements that are reported pursuant to subdivision (f), or (ii) the internet website described in subdivision (c). (5) If the petition is a state initiative petition, next, separated by at least two blank horizontal lines from the disclosures of paragraphs (4) and (5), shall appear the text “OFFICIAL TITLE AND SUMMARY (SAME AS ON PETITION)”, in boldface text in all capital letters. (6) If the petition is a state initiative petition, next, starting on a separate horizontal line, shall appear the text “The Attorney General of California has prepared the following circulating title and summary of the chief purpose and points of the proposed measure:”, in boldface text with a type size of 11 point. (7) If the petition is a state initiative petition, next, starting on a separate horizontal line, shall appear the Attorney General summary of the initiative as it appears on the initiative petition, in plain text with a type size of 11 point. (b) Notwithstanding any other law, a state or local initiative, referendum, or recall petition that requires voter signatures and for which the circulation is paid for by a committee formed pursuant to Section 82013 of the Government Code shall either include a disclosure statement on the petition that is displayed as follows or the circulator for the petition shall present as a separate document the Official Top Funders sheet described in subdivision (a) to a prospective signer of the petition. (1) The disclosure statement shall have a solid white background and shall be in a printed or drawn box with a black border and shall appear before that portion of the petition for voters’ signatures, printed names, and residence addresses. The text in the disclosure area shall be in a black Arial equivalent type with a type size of at least 10 point, with all lines centered horizontally in the disclosure area. (2) The top of the disclosure shall include the text “OFFICIAL TOP FUNDERS. Valid only for”, followed by a month and year that starts at most seven days after the date the top contributors as defined in subdivision (c) of Section 84501 of the Government Code were last confirmed. The text of this paragraph shall be boldface. (3) Next shall appear, on a separate horizontal line, the text “Petition circulation paid for by”, followed by the name of the committee as it appears on the most recent Statement of Organization filed pursuant to Section 84101 of the Government Code. If the committee has any top contributors as defined in subdivision (c) of Section 84501 of the Government Code, it shall be followed by, on a separate horizontal line, the underlined text “Committee major funding from:”. (4) The top contributors as defined in subdivision (c) of Section 84501 of the Government Code, if any, shall each be disclosed in boldface text on a separate horizontal line separate from any other text, in descending order, beginning with the top contributor who made the largest cumulative contributions, as defined in subdivision (b) of Section 84501 of the Government Code, on the first line. (5) The committee, in its discretion, may include the underlined text “Endorsed by:”, followed by a list, not underlined, of up to three endorsers. The text in this paragraph shall be separated from the text above and below it by a blank horizontal line. (6) The following line shall include the text “Latest info:” followed by the URL for either (A) the internet web page on the Secretary of State’s internet website that lists the “Official Top Funders” statements that are reported pursuant to subdivision (f), or (B) the internet website described in subdivision (c). The text specified in this paragraph shall be underlined. (c) Any committee formed pursuant to Section 82013 of the Government Code that pays for the circulation of a state or local initiative, referendum, or recall petition may create a page on an internet website that includes both of the following: (1) A prominent link to the most recent Official Top Funders sheet as described in subdivision (a). The Official Top Funders sheet that the page links to shall be in a format that allows it to be viewed on an internet website and printed out on a single page of paper. (2) A prominent link to the full text of the initiative or referendum. (d) The disclosure of a top contributor or endorser pursuant to this section need not include terms such as “incorporated,” “committee,” “political action committee,” or “corporation,” or abbreviations of these terms, unless the term is part of the contributor’s or endorser’s name in common usage or parlance. (e) If this section requires the disclosure of the name of a top contributor that is a committee pursuant to subdivision (a) of Section 82013 of the Government Code and is a sponsored committee pursuant to Section 82048.7 of the Government Code with a single sponsor, only the name of the single sponsoring organization shall be disclosed. (f) A committee that circulates a state initiative, referendum, or recall petition shall submit the Official Top Funders sheet required by subdivision (a), and any updates to that statement, to the Secretary of State, who shall post that statement on the Secretary of State’s internet website along with the previous versions the committee submitted. (g) This section does not require a local elections official to verify the accuracy of the information required by this section or to re-approve the petition upon any updates the committee makes. (h) Signatures collected on an initiative, referendum, or recall petition are not invalid solely because the information required by this section was absent or inaccurate. (i) For purposes of this section, “endorser” means: (1) A business that has been in existence for at least two years and has had at least one full-time staffer during that period. (2) A non-profit organization that was not originally created for the purposes of serving as a committee, that has been in existence for at least two years, and either has received contributions from more than 50 donors in that period or has had at least one full-time staffer during that period. (3) A political party. (4) An individual, whose name may include their title if they are an elected official or represent one of the organizations described in paragraph (1), (2), or (3). (Amended by Stats. 2022, Ch. 887, Sec. 3. (SB 1360) Effective January 1, 2023.) § 108 Division 0.5, Chapter 2 Notwithstanding any other law, the pages of a petition may be bound together by any reasonable method, including the use of staples. (Added by Stats. 2019, Ch. 563, Sec. 4. (SB 47) Effective January 1, 2020.) § 200 Division 0.5, Chapter 3 Notwithstanding any provision of law to the contrary, there shall be set forth in full in the declaration of candidacy required for any primary or final election the oath or affirmation set forth in Section 3 of Article XX of the Constitution. (Amended by Stats. 1996, Ch. 724, Sec. 1. Effective January 1, 1997.) § 201 Division 0.5, Chapter 3 Unless otherwise specifically provided, no person is eligible to be elected or appointed to an elective office unless that person is a registered voter and otherwise qualified to vote for that office at the time that nomination papers are issued to the person or at the time of the person’s appointment. (Enacted by Stats. 1994, Ch. 920, Sec. 2.) § 202 Division 0.5, Chapter 3 Notwithstanding any other law, a person who is deployed on active military service outside of the state and is unable to appear to file a declaration of candidacy, nomination paper, or any other paper necessary to run for office may have that declaration or paper completed and filed by an attorney-in-fact, commissioned and empowered in writing for that purpose through a power of attorney. At the time of filing the declaration or paper, the attorney-in-fact shall present the original power of attorney duly signed by the deployed person. The power of attorney shall state the office that the deployed person is seeking, including the district number, if any, and shall include a declaration that the deployed person meets the statutory and constitutional qualifications for office that he or she is seeking and that if nominated, the deployed person will accept the nomination and will not withdraw. The power of attorney shall further state that the power of attorney is solely for the purpose of authorizing the attorney-in-fact to file a declaration or paper necessary to run for office. The original or a copy of the power of attorney shall be filed with and attached to the declaration or paper. (Added by Stats. 2011, Ch. 57, Sec. 1. (AB 754) Effective January 1, 2012.) § 300 Division 0.5, Chapter 4 (a) “Vote by mail voter” means any voter casting a ballot in any way other than at the polling place. (b) “Military or overseas voter” means an elector absent from the county in which he or she is otherwise eligible to vote who is any of the following: (1) A member of the active or reserve components of the United States Army, Navy, Air Force, Marine Corps, or Coast Guard; a Merchant Marine; a member of the United States Public Health Service Commissioned Corps; a member of the National Oceanic and Atmospheric Administration Commissioned Corps of the United States; or a member on activated status of the National Guard or state militia. (2) A citizen of the United States living outside of the territorial limits of the United States or the District of Columbia. (3) A spouse or dependent of a person described in paragraph (1). (Amended by Stats. 2012, Ch. 744, Sec. 1. (AB 1805) Effective January 1, 2013.) § 300.5 Division 0.5, Chapter 4 “Affiliated with a political party” as used in reference to a voter or to a candidate for a voter-nominated office means the party preference that the voter or candidate has disclosed on his or her affidavit of registration. (Added by Stats. 2009, Ch. 1, Sec. 2. (SB 6) Effective January 1, 2010. Operative January 1, 2011, pursuant to Sec. 67 of Ch. 1.) § 301 Division 0.5, Chapter 4 (a) A “ballot” is the presentation of the contests consisting of offices and measures, and the candidates and choices to be voted on. (b) The ballot presentations shall include either of the following: (1) One or more ballot cards, as defined in Section 302, upon which are printed the names of candidates for each contest and the ballot titles of measures to be voted on by marking the designated area and that are tabulated manually or by optical scanning equipment. The ballot card may include visual graphics and instructions. (2) An electronic voting system, certified or conditionally approved by the Secretary of State, upon which the names of the candidates for each contest and the ballot titles of measures to be voted on are selected by touching the screen or using other physical controls. The electronic voting system shall print the selections made by the voter, which may be in the form of a list or facsimile of a marked preprinted ballot. (Repealed and added by Stats. 2023, Ch. 676, Sec. 2. (AB 1219) Effective January 1, 2024.) § 302 Division 0.5, Chapter 4 “Ballot card” means a card or a number of cards upon which are printed, or identified by reference to the ballot, the names of candidates for nomination or election to one or more offices or the ballot titles of one or more measures. The ballot card shall also contain blank spaces to allow the voter to write in names not printed on the ballot. (Amended by Stats. 2023, Ch. 676, Sec. 3. (AB 1219) Effective January 1, 2024.) § 303 Division 0.5, Chapter 4 “Ballot label” means: (a) For a candidate, the combination of candidate name and candidate designation. (b) For a statewide measure, a condensed version of the ballot title and summary, including the fiscal impact summary prepared pursuant to Section 9087 of this code and Section 88003 of the Government Code, that is no more than 75 words, followed by a listing of the names of supporters and opponents in the ballot arguments printed in the state voter information guide as described in Section 9051. (c) For all other measures, the question and statements specified in Section 13119 or the question specified in Section 13120, as applicable. (d) For an advisory vote, the description as indicated in Section 9603. (Repealed and added by Stats. 2023, Ch. 676, Sec. 5. (AB 1219) Effective January 1, 2024.) § 303.1 Division 0.5, Chapter 4 Notwithstanding Section 303, for a statewide referendum measure, the ballot label shall consist of the condensed title and summary which includes the ballot title in the form of a question and a condensed summary containing the chief purposes and points of the law proposed to be overturned. The condensed title shall be in the form of a question as follows: “Should California keep or overturn a law passed in [enter year statute was enacted] [followed by no more than 15 words stating the general subject or nature of the law]?” The condensed title shall be followed by a condensed summary containing the chief purposes and points of the law proposed to be overturned. The condensed title and summary shall be no more than 75 words total. Commencing January 1, 2025, the condensed title and summary shall be followed by a listing of the names of supporters and opponents in the ballot arguments printed in the state voter information guide as described in subdivision (c) of Section 9051. (Added by Stats. 2023, Ch. 162, Sec. 2. (AB 421) Effective September 8, 2023.) § 303.3 Division 0.5, Chapter 4 “Remote accessible vote by mail system” means a mechanical, electromechanical, or electronic system and its software that is used for the sole purpose of marking an electronic vote by mail ballot for a voter who shall print the paper cast vote record to be submitted to the elections official. A remote accessible vote by mail system shall not be connected to a voting system at any time. (Amended by Stats. 2023, Ch. 676, Sec. 6. (AB 1219) Effective January 1, 2024.) § 303.4 Division 0.5, Chapter 4 “Ballot on demand system” means a self-contained system that allows users to do both of the following on an as-needed basis: (a) Manufacture and finish card stock. (b) Finish unfinished ballot cards into ballot cards. (Added by Stats. 2015, Ch. 734, Sec. 1. (SB 439) Effective January 1, 2016.) § 303.5 Division 0.5, Chapter 4 (a) “Ballot title” is the name of a statewide initiative measure or measure proposed by the Legislature, or, in the case of a statewide referendum measure, the question included in the ballot label and the ballot title and summary. (b) (1) “Ballot title and summary” means, for a statewide initiative measure or measure proposed by the Legislature, the summary of the chief purpose and points including the fiscal impact summary of any measure that appears in the state voter information guide. The ballot title and summary for a statewide initiative measure or measure proposed by the Legislature shall include a statement of the measure’s fiscal impact. The ballot title and summary for a statewide initiative measure or measure proposed by the Legislature shall not exceed 100 words, not including the fiscal impact statement. (2) (A) For a statewide referendum measure, “ballot title and summary” means the ballot title that is in the form of a question followed by a summary of the chief purpose and points of the law proposed to be overturned that appears in the state voter information guide. The ballot title shall be posed in the form of a question as follows: “Should California keep or overturn a law passed in [enter year statute was enacted][followed by no more than 15 words stating the general subject or nature of the law]?” The ballot title shall be followed by a summary containing the chief purposes and points of the law proposed to be overturned, including the fiscal impact statement. The ballot title and summary for a statewide referendum measure shall not exceed 100 words, not including the fiscal impact statement. (B) The ballot title and summary that appears in the state voter information guide for a statewide referendum measure shall be followed by the measure’s top funders as set forth in subclause (II) of clause (i) of subparagraph (B) of paragraph (1) of subdivision (a) of Section 9086 of this code and subclause (II) of clause (i) of subparagraph (B) of paragraph (1) of subdivision (a) of Section 88002 of the Government Code. (c) (1) “Circulating title and summary” means the text that is required to be placed on a petition for signatures that is either one of the following: (A) The summary of the chief purpose and points of a proposed initiative measure that affects the Constitution or laws of the state, and the fiscal impact of the proposed initiative measure. (B) The summary of the chief purpose and points of a referendum measure that affects a law or laws of the state, which includes the ballot title that is in the form of a question as follows: “Should California keep or overturn a law passed in [enter year statute was enacted] [followed by no more than 15 words stating the general subject or nature of the law]?” The ballot title shall be followed by a summary containing the chief purposes and points of the law proposed to be overturned. (2) The circulating title and summary shall not exceed 100 words, not including the fiscal impact summary for a statewide initiative measure. (Amended by Stats. 2023, Ch. 162, Sec. 3. (AB 421) Effective September 8, 2023.) § 304 Division 0.5, Chapter 4 “Campaign advertising or communication” means a communication authorized by a candidate or a candidate’s controlled committee, as defined in Section 82016 of the Government Code, or by a committee making independent expenditures, as defined in Section 82031 of the Government Code, or by a committee formed primarily to support or oppose a ballot measure, as defined in Section 82047.5 of the Government Code, for the purpose of advocating the election or defeat of a qualified candidate or ballot measure through any broadcasting station, newspaper, magazine, outdoor advertising facility, direct mailing, or any other type of general, public, political advertising. (Enacted by Stats. 1994, Ch. 920, Sec. 2.) § 305 Division 0.5, Chapter 4 (a) “Candidate,” for purposes of Section 2184, includes any person who declares in writing, under penalty of perjury, that the person is a candidate, naming the office. (b) “Candidate,” as used in Article 1 (commencing with Section 20200) of Chapter 3 of Division 20, means an individual listed on the ballot, or who has qualified to have write-in votes on the individual’s behalf counted by elections officials, for nomination or for election to any elective state or local office, or who receives a contribution or makes an expenditure or gives the individual’s consent for any other person to receive a contribution or makes an expenditure with a view to bringing about the individual’s nomination or election to any elective state or local office, whether or not the specific elective office for which the individual will seek nomination or election is known at the time the contribution is received or the expenditure is made. The term “candidate” includes any officeholder who is subject to a recall election. (c) “Candidate for public office,” as used in Chapter 5 (commencing with Section 20400) of Division 20, means an individual who has qualified to have the individual’s name listed on the ballot of any election, or who has qualified to have written votes on the individual’s behalf counted by election officials, for nomination for, or election to, any state, regional, county, municipal, or district office which is filled at an election. (Amended by Stats. 2023, Ch. 676, Sec. 7. (AB 1219) Effective January 1, 2024.) § 305.5 Division 0.5, Chapter 4 (a) “Paper cast vote record” means an auditable document that corresponds to the selection made on the voter’s ballot and lists the contests on the ballot and the voter’s selections for those contests. (b) A paper cast vote record is a ballot only if the paper cast vote record is generated on a voting device or machine that complies with ballot layout requirements and is tabulated by a separate device from the device that created the paper cast vote record. (Amended by Stats. 2018, Ch. 57, Sec. 2. (AB 2835) Effective January 1, 2019.) § 306 Division 0.5, Chapter 4 “City measure” includes any proposed city charter, any proposed amendment to a city charter, any proposition for the issuance of bonds by the city, any advisory question, or any other question or proposition submitted to the voters of a city. (Enacted by Stats. 1994, Ch. 920, Sec. 2.) § 307 Division 0.5, Chapter 4 “Clerk” means the county elections official, registrar of voters, city clerk, or other officer or board charged with the duty of conducting any election. (Amended by Stats. 2002, Ch. 221, Sec. 14. Effective January 1, 2003.) § 308 Division 0.5, Chapter 4 “District elections official,” for the purposes of initiative and referendum under Article 1 (commencing with Section 9300) of Chapter 4 of Division 9, includes the county elections official or other officer or board charged with performing the duties required of the clerk of the district by that chapter. (Amended by Stats. 2002, Ch. 221, Sec. 15. Effective January 1, 2003.) § 309 Division 0.5, Chapter 4 “Committee,” as used in Article 1 (commencing with Section 20200) of Chapter 3 of Division 20, means any person or combination of persons who, directly or indirectly, receive contributions or make expenditures or contributions for the purpose of influencing or attempting to influence the action of voters for or against the nomination or election of one or more candidates, or the passage, or defeat of any measure, and who is required to file campaign reports or statements under Chapter 4 (commencing with Section 84100) of Title 9 of the Government Code. (Enacted by Stats. 1994, Ch. 920, Sec. 2.) § 310 Division 0.5, Chapter 4 “County” and “city” both include “city and county.” (Enacted by Stats. 1994, Ch. 920, Sec. 2.) § 312 Division 0.5, Chapter 4 “County measure” includes any proposed county charter, any proposed amendment to a county charter, any proposition for the issuance of funding or refunding bonds of the county, any other question or proposition submitted to the voters of a county at any election held throughout an entire single county, any advisory question, or any bond proposal or any advisory question submitted to the voters of any public district although the boundaries of the district may be coterminous with those of the county. (Enacted by Stats. 1994, Ch. 920, Sec. 2.) § 313 Division 0.5, Chapter 4 “County office” means the office filled by any county officer. (Enacted by Stats. 1994, Ch. 920, Sec. 2.) § 314 Division 0.5, Chapter 4 “County officer” means any elected officer enumerated in Division 2 (commencing with Section 24000) of Title 3 of the Government Code. (Enacted by Stats. 1994, Ch. 920, Sec. 2.) § 316 Division 0.5, Chapter 4 “Direct primary” is the primary election held on the first Tuesday after the first Monday in June in each even-numbered year that is not evenly divisible by four and on the first Tuesday after the first Monday in March in each even-numbered year that is evenly divisible by four. (Amended by Stats. 2020, Ch. 111, Sec. 2. (SB 970) Effective January 1, 2021.) § 317 Division 0.5, Chapter 4 “District,” for purposes of initiative and referendum under Chapter 4 (commencing with Section 9300) of Division 9, includes any regional agency that has the power to tax, to regulate land use, or to condemn and purchase land. (Enacted by Stats. 1994, Ch. 920, Sec. 2.) § 318 Division 0.5, Chapter 4 “Election” means any election including a primary that is provided for under this code. (Enacted by Stats. 1994, Ch. 920, Sec. 2.) § 319 Division 0.5, Chapter 4 “Election board” means the board of supervisors of each county, the city council or other governing body of a city, or any board or officer to whom similar powers and duties are given by any charter. (Enacted by Stats. 1994, Ch. 920, Sec. 2.) § 319.5 Division 0.5, Chapter 4 (a) “Electioneering” means the visible display or audible dissemination of information that advocates for or against any candidate or measure on the ballot within the 100 foot limit specified in subdivision (b). Prohibited electioneering information or activity includes, but is not limited to, any of the following: (1) A display of a candidate’s name, likeness, or logo. (2) A display of a ballot measure’s number, title, subject, or logo. (3) Buttons, hats, pencils, pens, shirts, signs, or stickers containing electioneering information. (4) Dissemination of audible electioneering information. (5) Obstructing access to, loitering near, or disseminating visible or audible electioneering information at vote by mail ballot drop boxes. (b) The activities described in subdivision (a) are prohibited within 100 feet of either of the following: (1) The entrance to a building that contains a polling place as defined by Section 338.5, an elections official’s office, or a satellite location. (2) An outdoor site, including a curbside voting area, at which a voter may cast or drop off a ballot. (Amended by Stats. 2025, Ch. 296, Sec. 1. (AB 1249) Effective January 1, 2026.) § 320 Division 0.5, Chapter 4 “Elections official” means any of