Bill Text: CA AB1784 | 2023-2024 | Regular Session | Chaptered
Bill Title: Primary elections: candidate withdrawals.
Spectrum: Strong Partisan Bill (Democrat 13-1)
Status: (Passed) 2024-09-22 - Chaptered by Secretary of State - Chapter 355, Statutes of 2024. [AB1784 Detail]
Download: California-2023-AB1784-Chaptered.html
Assembly Bill
No. 1784
CHAPTER 355
An act to amend Sections 8003, 8022, 8024, 8040, 8800, 8809, 10225, 10229, 10407, 10516, and 10604 of, and to add Section 8020.5 to, the Elections Code, relating to elections.
[
Approved by
Governor
September 22, 2024.
Filed with
Secretary of State
September 22, 2024.
]
LEGISLATIVE COUNSEL'S DIGEST
AB 1784, Pellerin.
Primary elections: candidate withdrawals.
Existing law requires candidates for an office at a primary election to deliver their nomination documents to the county elections official no later than 5 p.m. on the 88th day before the primary election, or in specified cases, no later than 5 p.m. on the 83rd day before the primary election. Existing law prohibits a person who has delivered nomination documents to the county elections official from withdrawing their candidacy. Existing law further prohibits a person from filing nomination documents for a party nomination and an independent nomination for the same office, or for more than one office at the same election.
This bill would permit a candidate for any
office other than a statewide office, as defined, at a primary election to withdraw their nomination documents for that office during the applicable filing period. The bill would establish requirements for withdrawal, including that the candidate submit a statement under penalty of perjury that they are withdrawing their nomination documents and understand the withdrawal is irrevocable and that the filing fees are nonrefundable. The bill would permit a candidate who withdraws to file nomination documents for another office at that primary election during the applicable filing period. The bill would clarify that a candidate is prohibited from filing nomination documents for more than one office at the same primary election, except as specified. If an incumbent has delivered but then
withdrawn their nomination documents before 5 p.m. on the 88th day before the primary election, the bill would authorize another candidate to deliver their nomination documents no later than 5 p.m. on the 83rd day before the primary election.
By establishing a new crime based upon the requirement that a candidate submit a statement of withdrawal under penalty of perjury, and by establishing new duties for local elections officials, the bill would create a state-mandated local program.
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 with regard to certain mandates no reimbursement is required by this act for a specified reason.
With
regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
SECTION 1.
The Legislature finds and declares all of the following:(a) Since 1913, state law has prohibited a person from filing nomination papers for more than one office at the same primary election, and since 1917, state law has prohibited a person from withdrawing as a candidate at a primary election after filing a declaration of candidacy for an office at that election.
(b) California’s prohibition against a person filing nomination papers for more than one office at the same primary election serves important governmental interests, including regulating the number of candidates who
appear on the ballot, limiting gamesmanship, avoiding voter confusion, preventing unnecessary special elections, and facilitating the operation of the state’s prohibition on holding incompatible offices.
(c) Notwithstanding California’s longstanding prohibition on a person filing nomination papers to run for more than one office at a primary election, in December 2023, a Sacramento County Superior Court judge ordered the Secretary of State to place the name of a candidate on the ballot for a seat in the United States House of Representatives even though that same person was also appearing on the ballot as a candidate for a seat in the California State Assembly. The judge’s ruling concluded that the prohibition on filing nomination papers for more than one office at a primary election applies only to the process for the independent nomination of
candidates.
(d) In reaching this decision, the judge acknowledged that the ruling “may result in voter confusion and the disenfranchisement of voters if [the candidate] is ultimately elected for both offices but does not retain one.” The judge additionally concluded that “it somewhat defies common sense to find the law permits a candidate to run for two offices during the same election.”
(e) If a candidate is elected to multiple offices at a primary election but can serve in only one, the result is a vacant elective office. Such a vacancy will leave voters without representation until a new official can be seated, and often necessitates a special election that can be costly and suffer from low and unrepresentative turnout.
(f) Allowing candidates to run for multiple offices at a primary election unfairly places voters in the position of being asked to vote for a candidate without knowing if that candidate will accept the office if elected.
SEC. 2.
It is the intent of the Legislature in enacting this bill to do all of the following:(a) Clarify that California law does not permit a person to file nomination documents for more than one office at the same primary election.
(b) Consistent with California Secretary of State Opinion No. 82 SOS 1, issued in March 1982, clarify that for the purpose of the prohibition on filing nomination papers for more than one office at the same primary election, the position of member of a political party’s county central committee is not an “office.”
(c) Create a procedure that allows a candidate to withdraw nomination documents that were previously filed for an office other than a statewide office at a primary election without unduly interfering with elections officials’ preparations for conducting the election.
(d) Expressly require an elections official to reject a candidate’s nomination documents if the candidate attempts to file for more than one office at a primary election, unless the candidate has withdrawn all previously filed nomination documents as permitted by this act.
SEC. 3.
Section 8003 of the Elections Code is amended to read:8003.
(a) (1) A person shall not file nomination papers for more than one office at the same primary election.(2) For purposes of paragraph (1), “office” does not include the position of member of a political party’s county central committee.
(b) If a person has filed nomination papers for an office at a primary election and those nomination papers have not been withdrawn pursuant to Section 8020.5, the elections official shall reject as invalid any nomination papers that the person attempts to file for another office at the same primary election.
SEC. 4.
Section 8020.5 is added to the Elections Code, 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 88th 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 83rd 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. 5.
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 88th day before the direct primary election, any person other than the person who was the incumbent on the 88th day shall have until 5 p.m. on the 83rd 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. 6.
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 88th day before the direct primary election, or are delivered but then are withdrawn before 5 p.m. on the 88th day before the direct primary election, any person other than the person who was the incumbent on the 88th day shall have until 5 p.m. on the 83rd 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. 7.
Section 8040 of the Elections Code is amended to read:8040.
(a) The declaration of candidacy by a candidate shall be substantially as follows:DECLARATION OF CANDIDACY |
I hereby declare myself a candidate for nomination to the office of ________ District Number ________ to be voted for at the primary election to be held ________, 20__, and declare the following to be true: My name is . I want my name and occupational designation to appear on the ballot as follows:
______________________________________. |
Addresses: Residence Business Mailing |
Telephone numbers: Day _________ Evening _________ |
Internet website:_______________________________________ |
I meet the statutory and constitutional qualifications for this office (including, but not limited to, citizenship, residency, and party preference, if required). |
I am at present an incumbent of the following public office |
(if any) __________. |
If
nominated, I will accept the nomination and not withdraw, except as permitted by state law. |
Signature of candidate |
A candidate for voter-nominated office shall also complete all of the following: | ||
(1) I hereby certify that: | ||
(a) At the time of
presentation of this declaration, as shown by my current affidavit of registration, I have disclosed the following political party preference, if any: . | ||
(b) My complete voter registration and party affiliation/preference history, from [10 years prior to current year] through the date of signing this document, is as follows: | ||
Party Registration | County | Timeframe (by year) |
(2) Pursuant to Section 8002.5 of the Elections Code, select one of the following: | ||
______ Party Preference: _____________________ (insert the name of the qualified political party as disclosed upon your affidavit of registration). | ||
______ Party Preference: None (if you have declined to disclose a
preference for a qualified political party upon your affidavit of registration). | ||
Dated this ___ day of _____, 20___. | ||
Signature of candidate | ||
| A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. |
State of California | ) | |
County of | ) ss. | |
) |
Subscribed and sworn to before me this ___ day of ________, 20____. |
Signature of Notary Public (or other official) Notary Public Seal |
Examined and certified by me this ________ day of ________, 20____. |
County Elections Official |
WARNING: Every person acting on behalf of a candidate is guilty of a misdemeanor who deliberately fails to file at the proper time and in the proper place any declaration of candidacy in the person’s possession which is entitled to be filed under the provisions of the Elections Code Section 18202. |
(b) At the discretion of the elections official, a candidate for a judicial office, or a candidate for any office whose voter registration information is confidential under Section 2166, 2166.5, 2166.7, or 2166.8 may withhold the candidate’s residence address from the declaration of candidacy. If a candidate does not state the candidate’s residence address on the declaration of candidacy, the elections official shall verify whether the
candidate’s address is within the appropriate political subdivision and add the notation “verified” where appropriate on the declaration.
(c) If a candidate will not be within the State of California during the entire nomination period and is unable to appear before a notary public appointed by the Secretary of State or other California official to complete their declaration of candidacy, the candidate may appear before a notary public in another state to complete the declaration of candidacy. The candidate shall attach to their declaration of candidacy a notarial certificate from the out-of-state notary that complies with the law of the notary’s state.
SEC. 8.
Section 8800 of the Elections Code is amended to read:8800.
Except as provided in Section 8020.5, a candidate whose declaration of candidacy has been filed for any primary election shall not withdraw as a candidate at that primary election.SEC. 9.
Section 8809 of the Elections Code is amended to read:8809.
Whenever a candidate has declared a candidacy for a primary election and has not withdrawn pursuant to Section 8020.5, the candidate’s name shall be printed upon the ballot for the primary election, unless the candidate has died, and that fact has been ascertained by the officer charged with the duty of printing the ballots, at least 68 days before the day of the election.SEC. 10.
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 88th 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 88th day before the election, the voters shall have until the 83rd day before the election during normal business hours, as posted, to nominate candidates other than the person who was the incumbent on the 88th 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 83rd day before the election during normal business hours, as posted.
SEC. 11.
Section 10229 of the Elections Code is amended to read:10229.
(a) If, by the 88th day, during normal business hours as posted, before the day fixed for a regularly scheduled municipal election or the 83rd 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 88th 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. 12.
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 113th day before the election. The nomination documents shall be filed not later than the close of business on the 88th 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 88th day before the
election, or are filed but then are withdrawn before the close of normal business
hours on the 88th day before the election, any person other than the person who was the incumbent on the 88th day shall have until the close of business on the 83rd 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. 13.
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 88th day before the general district election, or is filed but then is withdrawn before 5 p.m. on the 88th day before the election, any person other than the person who was the incumbent on the 88th day shall have until 5 p.m. on the 83rd 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 83rd day before the general election.
SEC. 14.
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 88th day before the election, or is filed but then is withdrawn before 5 p.m. on the 88th day before the election, any person, other than the person who was the incumbent on the 88th day, shall have until 5 p.m. on the 83rd 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 83rd day before the election.
SEC. 15.
No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, 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 XIII B of the California Constitution.However, if the Commission on State Mandates determines that this act contains other costs
mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
