Write-In Candidates for the March 7, 2000 Primary Election or the November 7, 2000 General Election I. QUALIFICATIONS NOTE: General qualifications which all candidates must meet in order to run as write-in candidates for various offices: A. A candidate for United States Senator shall: 1. Be at least 30 years of age, a U.S. citizen for nine years, and a resi-dent of California when elected. U.S. Const. Art. I, §3 2. Have a valid voter registration affidavit on file in the county of residence at the time nomination papers are obtained. §201 B. A candidate for Member, House of Representatives, shall: 1. Be at least 25 years of age, a U.S. citizen for seven years, and a resi-dent of California when elected. U.S. Const. Art. I, §2 2. Have a valid voter registration affidavit on file in the county of residence at the time nomination papers are obtained. §201 C. A candidate for State Legislative office shall: 1. Be a U.S. citizen. Cal. Const. Art. IV, §2(c) 2. Be a registered voter and otherwise qualified to vote for that office at the time nomination papers are issued to the person. §201 3. Not have served two terms in the State Senate since November 6, 1990, if a candidate for State Senate; not have served three terms in the State Assembly since November 6, 1990, if a candidate for State Assembly. Cal. Const. Art. IV, §2(a) II. General Requirements In general, write-in candidates must file declarations of write-in candidacy and submit nomination sponsor signatures, as well as meet campaign disclosure requirements. They do not pay filing fees. The specific requirements follow. A. CAMPAIGN COMMITTEE FILINGS AND RESPONSIBILITIES Any individual who intends to be a candidate for an elective office shall: 1. For state legislative offices comply with the following Political Reform Act requirements: a. Statement of Intention File with the Secretary of State Political Reform Division an original and one copy of a state-ment of intention to be a candidate for a specific office (Form 501). This statement shall be signed under penalty of perjury and filed prior to the solici-tation or receipt of any con-tribu-tion or loan. Gov. Code §85200 b. Campaign Contribution Account Establish one campaign contribution account at an office of a financial institution located in California upon filing the statement of intention. 1. An original and one copy of a statement setting forth the name of the financial institution, the loca-tion, and the account number shall be filed with the Secretary of State Political Reform Division within 10 days of establishing the account (Form 502). 2. All contributions or loans made to the candi-date, to a person on behalf of the candidate, or to the candidate's controlled committee shall be deposit-ed in the account. 3. Any personal funds which will be used to pro-mote the election of the candidate shall be depos-ited in the account prior to expendi-ture. 4. All campaign expenditures shall be made from the ac-count. Gov. Code §85201 c. Exceptions 1. Parts a and b(3) and (4), above, do not apply to a candidate's pay-ment of a filing fee and statement of quali-fica-tions fee from his or her personal funds. Gov. Code §§85200 & 85201(f) 2. Part b, above, does not apply if the candidate does not re-ceive contributions and makes campaign expenditures from personal funds of less than $1,000 in a calen-dar- year, excluding pay-ment of the filing fee and statement of qualifi-ca-tions fee. Gov. Code §85201(g) If such candidate later spends $1,000 or more in a calendar year, he or she must establish a campaign contribution account before the $1,000 expenditure threshold is reached. The required account information shall be filed with the Secretary of State Political Reform Division within 5 days of estab-lishing the account. Gov. Code §85201(h) 2. For federal offices, the write-in candidate should contact the Federal Election Commission at 999 E Street, N.W., Washington, D.C. 20463 or call toll-free 1-800-424-9530 for a copy of the Federal Election Campaign Act, As Amended, related regulations giving the filing requirements for reporting campaign contributions, and the forms on which to file. B. STATEMENT OF WRITE-IN CANDIDACY 1. The statement of write-in candidacy shall contain the following information: a. candidate's name; b. candidate's complete residence address; c. a declaration stating that the candidate is a write-in candidate; d. the name of the office for which the candidate is running; e. the party nomination which the candidate seeks, if running in a primary election; and f. the date of the election. §8600* 2. The statement of write-in candidacy shall set forth in full the oath or affirmation provided in Section 3 of Article XX of the California Constitution. §200 3. For the primary election, the statement of write-in candidacy must be filed between January 10 and February 22, 2000. §8601 4. For the general election, the statement of write-in candidacy must be filed between September 11 and October 24, 2000. §8601 C. FILING FEE Write-in candidates are not required to pay filing fees. §8604 * The candidate does not have to be registered with the party in which he or she is seeking to run as a write-in, nor with any qualified political party. He or she must be registered to vote in California. There is also no party affiliation or disaffiliation requirement as there is for certified candidates whose names are printed on the ballot. D. NOMINATION PAPERS 1. The required number of signers to a write-in candidate's nomination paper for the respective offices are as follows: a. U.S. Senate: Not less than 65 nor more than 100. §8062(a)(1) b. Member of House of Representatives or State Legislative Office: Not less than 40 nor more than 60. §8062(a)(2) c. Signers must be of the same political party as the party in which the write-in candidate is seeking nomination. §8603 2. For the primary election, between January 10 and February 22, 2000, circulate nomination papers for signatures and leave them for examination with the county elections official of the county in which the signers reside. §8601 3. For the general election, between September 11 and October 24, 2000, circulate nomination papers for signatures and leave them for ex-amination with the county elections official of the county in which the signers reside. §8601 4. 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 papers are left for filing. §§8042 & 8065 (a) Circulators shall be voters in the district in which the candidate is seeking election, if running for a district office; circulators shall be registered voters in California if the candidate is seeking statewide office. §8066 (b) Circulators shall circulate the nomination papers only in the district in which the candidate is seeking election if running for a district office; circulators shall circulate only in their county of residence if the candidate is seeking statewide office. §8066 (c) 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 5. 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 not later than February 22, 2000 for the primary election and October 24, 2000 for the general election. §8063 E. PRIMARY ELECTION WRITE-IN CANDIDATES QUALIFYING TO HAVE NAME PRINTED ON GENERAL ELECTION BALLOT In order for a write-in candidate in the primary election to qualify as the nominee of a political party and have his or her name printed on the general election ballot, he or she must receive more votes than any other candidate running for the party's nomination and must also receive write-in votes equal to at least 1% of all votes cast for that office at the last preceding general election at which the office was filled. A list indicating the minimum number of votes required to obtain the write-in nomination is attached. §8605 F. STATEMENT OF ECONOMIC INTERESTS Each state candidate except those running for Congress and U.S. Senate must file a Statement of Economic Interests with the county elections official disclosing investments, interests in real property, and any income received during the immediately preceding 12 months pursuant to the requirements of the Political Reform Act of 1974, As Amended. Gov. Code §87201 Candidates for federal office may have similar requirements under federal law and should contact the Federal Election Commission. This statement is to be filed bet-ween January 10 and February 22, 2000 for the March 7, 2000 Primary Election. It is not required if the candidate has filed such a statement within the past sixty days for the same jurisdiction. This statement is to be filed bet-ween September 11 and October 24, 2000 for the November 7, 2000 General Election. It is not required if the candidate has filed such a statement within the past sixty days for the same jurisdiction. III. CANVASS OF WRITE-IN VOTES A. No name written upon a ballot in any election shall be counted for an office or nomination unless the candidate whose name has been written on the ballot has been certified as a write-in candidate. §15341 1. See Title 2 California Code of Regulations §§20101-20105, attached, for provisions relating to the canvass of incomplete write-in votes. B. The name of a write-in candidate shall be written by hand upon a ballot. The use of pressure-sensitive stickers or methods other than handwriting of indicating the name of the write-in candidate are not valid, and a name indicated by any such method shall not be counted. §15342 Frequently-Asked Questions Concerning Write-In Candidacies Q.: Can anyone run as a write-in candidate? A.: Any person who meets the qualifications for the specific office may run as a write-in candidate. However, in order for votes to be counted and certified, the candidate must comply with the specific legal requirements set forth above. Q.: Where can persons obtain the forms they must file to run as a write-in candidate? A.: There is no statutory provision requiring county elections officials to supply forms; however, the official may have the forms necessary for a candidate to complete in order to run as a write-in candidate. The candidate should check with his/her county elections official. Q.: Must a write-in candidate running in the November general election meet the 3-month party affiliation/twelve-month party disaffiliation requirement in order to run in the November general election? A.: No. Title 2 California Code of Regulations Write-In Canvass Provisions Section 20101. Definitions. (a) For the purpose of sections 20102-20105, "qualified write-in candidate" shall refer to candidates who have complied with Part 3 of Division 8 of the Elections Code (beginning at Section 8600). (b) For the purpose of sections 20102-20105, "ballot" shall include ballot envelope, card, or paper ballot on which write-in votes are authorized to be indicated by Elections Code §302. Section 20102. Write-in vote; no office indicated. The name of a qualified write-in candidate shall be counted when the name is written in on a voter's ballot and no office is indicated for the candidate, or the office is incompletely indicated (e.g., "Senator" without district number), if: (a) the candidate is a qualified write-in candidate for an office properly appearing on the voter's ballot; and (b) no other qualified write-in candidate for any office appearing on the voter's ballot bears a name so similar to the name as written in, considering the voter's misspellings or omission of portions of the name, if any, as to leave a reasonable doubt as to the voter's intention. Section 20103. Write-in vote; misspelled or incomplete name. The misspelled or incomplete name of a qualified write-in candidate written in on a ballot shall be counted for the candidate when the office for which the candidate has qualified is also indicated on the voter's ballot, if: (a) the name as written in bears a reasonable resemblance to the qualified candidate's name; and (b) no other write-in candidate qualified for the indicated office has a name that is so similar to the name as written in as to leave a reasonable doubt as to the voter's intention. Section 20104. Write-in vote; misspelled or incomplete name, office omitted. The misspelled or incomplete name of a qualified write-in candidate written in on a ballot shall be counted for the candidate even though the office for which the candidate has qualified is omitted or incompletely indicated on the voter's ballot, when: (a) the name as written in bears a reasonable resemblance to the qualified candidate's name; and (b) no other write-in candidate qualified for any office properly appearing on the voter's ballot has a name that is so similar to the name as written in as to leave a reasonable doubt as to the voter's intention. Section 20105. Write-in vote; wrong office indicated. The name of a write-in candidate qualified for an office appearing on the voter's ballot which is written in the pre-printed column designated for an office other than one for which the write-in candidate is qualified shall not be counted for any purpose. United States Senator 8,341,953 83,420 United State Representative in Congress
State Senate
State Assembly
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