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Summary of QUALIFICATIONS AND REQUIREMENTS for PARTISAN NOMINATION
for the Office of United States Representative in Congress (52 Districts)
for the March 7, 2000 Primary Election


I. QUALIFICATIONS

A candidate shall:

 A. Be at least 25 years of age, a U.S. citizen for seven years, and a resident of California when elected. U.S. Const. Art. I, §2

  (Note: There are no district residency require-ments for Members of Congress.)

 B. Have a valid voter registration affidavit on file in the county of residence at the time nomination papers are obtained. §201

 C. Satisfy the following registration requirements:

  1. Be registered with the political party whose nomination he or she is seeking for not less than three months immediately prior to the time the declaration of candidacy is presented to the county elections official or, if eligible to register for less than three months, for as long as he or she has been eligible to register to vote in California. §8001(a)(1)

  2. Not have been registered as affiliated with any other qualified political party within twelve months immediately prior to the filing of the declaration of candidacy. §8001(a)(2)

II. REQUIREMENTS

 A. FILING FEE OR SIGNATURES IN LIEU

   Filing Fee

   A candidate must pay a filing fee equal to 1% of the first year's salary. Currently, the filing fee for United States Representative in Congress is $1,367.00. The filing fee must be paid at the time the candidate obtains the nomination forms from the county elections official. §§8103 & 8105
   or

   Signatures In Lieu Of Filing Fee

   A candidate may election to submit by November 25, 1999, a minimum of 3,000 valid signatures on petitions in lieu of filing fee. §8106

   The 3,000 in-lieu signature requirement applies only to candidates seeking the nomination of the Democratic or Republican parties. Candidates seeking the nomination of the American Independent, Green, Libertarian, Natural Law, or Reform parties may submit petitions containing signatures of 10% of the registered voters of that party in the district in which the candidate seeks nomination, or 150 signatures, whichever is less. §8106(a)(6)

    1. The petitions for in-lieu signatures may be obtained from the county elections official and circulated between October 1 and November 25, 1999. Sections of petitions in lieu of filing fee shall be filed with the county elections official of the county in which the signers reside. §8106

    2. The candidate may submit signatures to cover all or any prorat-ed portion of the filing fee. §8106

    3. Any registered voter may sign an in-lieu-of-filing-fee petition for any candidate for whom he or she is eligible to vote. However, candidates filing signatures-in-lieu pursuant to the provisions of §8106 (a)(6) are limited to members of their own party. §§8106(a)(6) & 8106(b)(1)

    4. Each circulator of an in-lieu-of-filing-fee petition shall be a regis-tered voter of the district in which the candidate is running. The circulator shall serve within the county in which he or she resides. §8106(b)(4)

    5. Within 10 days after receipt of the petition, the county elections official shall notify the candidate of any deficiency. The candi-date shall then, prior to December 10, 1999, either submit a supplemental petition containing additional signatures or pay a pro rata portion of the filing fee to cover the deficiency. §8106(b)(3)

6. Signatures in lieu of the filing fee may be counted towards the nomination sponsor signature requirements if signers of the document are of the same political party as the candidate. §8106(d)

 B. NOMINATION DOCUMENTS

   1. Between November 15 and December 10, 1999, obtain nomination documents from the county elections official. Nomination documents include a set of nomination papers for collecting signatures and a declaration of can-didacy that must be executed by the candidate. §§333 & 8020

     a. The declaration of candidacy shall be obtained from, and delivered to, the county elections official of the county in which the candidate resides and is a voter. §8064

     b. 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 receiv-ing nomination papers. §8020 (d)

     c. The county elections official shall require all candidates filing a declaration of candidacy to execute the declaration in his or her office unless the candidate, in a written statement signed and dated by the candidate, designates a third party to obtain the declaration form from the county elections official and to deliver it to the candidate. The written statement shall state that the candidate is aware that the declaration of candidacy must be properly executed and delivered not later than December 10 to the office of the county elections official from whom it was received. §8028

   2. Nomination Signatures

    Secure between 40 and 60 signatures on the nomination paper prior to filing. §8062

     a. Signatures on the in-lieu-of-filing-fee petitions may satisfy this signature requirement if the signers are members of the same party as the candidate. §8061

     b. All signers must be registered voters of the district and members of the same political party as the candidate. §8068

     c. If the candidate appoints persons to circulate the nomination paper, such appointment must be in writing. The candidate shall file appointment of circulator documents with the county elections official on or before the date the nomination paper is left for filing. §§8042 & 8065

      (1) Circulators shall be voters in the district in which the candidate is seeking election. §8066

      (2) Circulators shall circulate the nomination papers only in the district in which the candidate is seeking election. §8066

      (3) If the district includes more than one county, the circulator shall circulate the petition only in the county in which he or she resides. §8065

     d. Between November 15 and December 10, 1999, each section of the nomination paper shall be delivered to the county elections official of the county in which the signer resides and is a voter. §§8020 & 8063

   3. If only one person has declared a candidacy for a partisan nomination at the Primary Elec-tion, and that candidate dies after December 10 but on or before December 15, 1999, any person qualified under the provisions of Section 8001 may circulate and deliver nomin-ation documents for the partisan nomina-tion for that office to the county elections official by 5 p.m. on December 24, 1999. §8025

III. GENERAL INFORMATION

 A. Each of the forms mentioned above is available free of charge from the county elections official.

 B. The California delegation to the House of Representatives consists of 52 Representatives, each elected for two-year terms. The term of office begins on January 3, 2001.

 C. Because of the requirements of the Federal Election Campaign Act, As Amend-ed, a congressional candidate should contact the Federal Election Commission at 999 E Street, N.W., Washington, D.C. 20463 or call toll-free (800) 424-9530 for a copy of the Act, related regulations giving the filing requirements for reporting cam-paign contributions, and the forms on which to file.

 D. This Information Sheet of Qualifications and Requirements is for general informa-tion only and does not have the force and effect of law, regulation or rule. In case of conflict, the law, regulation or rule will apply. The candidate should obtain the most up-to-date information available because of possible changes in law or procedure since the publication of this information.


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CA Secretary of State
Elections Division
©1999 Last Updated
May 21, 1999