Qualifications and Requirements - 34th District Special Election

U.S. Representative, 34th District Special Election

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The Governor issued the proclamation for a special GENERAL election to be held on June 6, 2017. The date of the special PRIMARY election is scheduled for April 4, 2017.

The special election may be conducted within 180 days following the proclamation in order that the election or the primary election may be consolidated with the next regularly scheduled statewide election. Section 10703(a)1

The date of the special primary election is calculated by counting back nine Tuesdays preceding the day of the special general election at which the vacancy is to be filled. If the ninth Tuesday is the day following a state holiday, the date of the special primary election is calculated by counting back ten Tuesdays preceding the special general election.Section 10703(a)

  1. QUALIFICATIONS

    Every candidate shall be at least 25 years of age, a U.S. citizen for seven years, and a resident of California when elected.

    Cal. Const., art. I, section 2; 20th Amend., section 12
  2. REQUIREMENTS

    1. Filing Fees
        1. Full Payment of Filing Fee

          Every candidate must pay a filing fee equal to 1% of the first year’s salary as of the first day on which a candidate may circulate petitions in lieu of filing fees, made payable to the Secretary of State. Currently, the filing fee is $1,740.00. The filing fee must be paid to the county elections official at the time the candidate obtains his or her Declaration of Candidacy and nomination papers from the county elections official of the candidate’s county of residence.Sections 8103(a)(2), 8105

        2. Signatures In Lieu of Filing Fee

          A candidate may choose to submit by January 30, 2017, a minimum of 322 valid signatures on petitions in lieu of filing fees.Sections 8106(a)(2) & (b)(3), 8106.5, 10704(a)

          1. Petitions for in-lieu signatures may be obtained from the county elections official and circulated between January 25, 2017, and January 30, 2017. Sections of in-lieu-filing-fee petitions shall be filed with the county elections official of the county in which the signers reside.Section 8106
          2. The candidate may submit signatures to cover all or any prorated portion of the filing fee.Section 8106(b)(3)
          3. Any registered voter may sign an in-lieu-filing-fee petition for any candidate for whom he or she is eligible to vote.Section 8106(b)(1)
          4. Circulators of in-lieu-filing-fee petitions must be 18 years of age or older.Sections 102, 8106(b)(4)
          5. Within 4 days after receipt of the petition, the county elections official shall notify the candidate of any deficiency. The candidate shall then, on or before February 9, 2017, either submit a supplemental petition containing additional signatures or pay a pro rata portion of the filing fee to cover the deficiency.Section 8106(b)(3)
          6. Signatures in lieu of the filing fee may be counted toward the nomination sponsor signature requirements. Sections 8061, 8106(d)
      Signature In-Lieu of Filing Fee Requirements
      Section 8106(a)(2), 8106.5
      CandidatesFiling FeeSignatures
      In-Lieu of
      Filing Fee
      Value
      of Each
      Signature
      All Candidates
      (except write-in
      candidates)
      $1,740.00 322 $5.4037
    2. Ballot Designations
      1. Each candidate who submits a ballot designation shall file a completed ballot designation worksheet that supports the use of that ballot designation by the candidate. The ballot designation worksheet shall be filed with the elections official at the same time that the candidate files his or her declaration of candidacy.Section 13107.3
      2. The ballot designation shall remain the same for all purposes of both primary and general elections, unless the candidate, at least 53 days prior to the general election, requests in writing a different designation which the candidate is entitled to use at the time of the request. The written request must be accompanied by the ballot designation worksheet.Section 13107(e)
    3. For All Candidates (Except Write-In Candidates)
      1. Between January 25, 2017, and February 9, 2017, obtain nomination documents from the county elections official of the candidate’s county of residence or if the candidate’s residence is not in the district where the candidate is seeking office, from the county elections official in the district where the candidate is seeking office. Nomination documents include nomination papers for collecting signatures and a Declaration of Candidacy that must be executed by the candidate.Sections 333, 8020, 8040, 8041, 10704(a)
      2. Nomination Papers
        1. Gather between 40 and 60 signatures for filing the nomination papers.Section 8062(a)(2)
        2. Signatures on the in-lieu filing fee petitions may satisfy the signature requirement.Sections 8061, 8106(b)
        3. Any candidate may obtain signatures to and sign his or her own nomination papers.Section 106(a)
        4. All signers must be registered voters in the district or political subdivision in which the candidate is to be voted on.Sections 100, 8068
        5. The candidate may appoint persons to circulate the nomination papers. Circulators must be 18 years of age or older.Sections 102, 8066
        6. Between January 25, 2017, and February 9, 2017, each section of the nomination papers shall be delivered to the county elections official of the county in which the signer resides and is a voter.Sections 8020, 8063, 10704(a)
      3. Declaration of Candidacy
        1. The Declaration of Candidacy shall be obtained from, and delivered to, the elections official of the county in which the candidate resides and is a voter or if the candidate’s residence is not in the district where the candidate is seeking office, from the county elections official in any county within the district where the candidate is seeking office.Sections 8040, 8064
        2. Upon request of a candidate, the county elections official shall provide the candidate with a Declaration of Candidacy. The county elections official shall not require a candidate to sign, file, or sign and file a Declaration of Candidacy as a condition of receiving nomination papers.Section 8020(d)
        3. 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 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 February 9, 2017, to the office of the county elections official from whom it was obtained. Any person may return the completed Declaration of Candidacy.Sections 8028, 10704
    4. For Write-In Candidates Only and Only for the Special Primary Election3
      1. Filing Fees

        Write-in candidates are not required to pay filing fees.Section 8604

      2. Nomination Papers
        1. Gather between 40 and 60 signatures for filing the nomination papers.Sections 8062(a)(2), 8600
        2. The candidate may appoint persons to circulate the nomination papers. Circulators must be 18 years of age or older.Sections 102, 8066
        3. Signers must be voters in the district or political subdivision in which the write-in candidate is to be voted on.Section 8603
        4. Between February 6, 2017, and March 21, 2015, circulate nomination papers for signatures and leave them for examination with the county elections official of the county in which the signers reside.Section 8601
      3. Statement of Write-In Candidacy
        1. Between February 6,2017, and March 21, 2017, file a Statement of Write-In Candidacy.Section 8601
        2. The Statement of Write-In Candidacy shall contain the following information:
          1. Candidate's name;
          2. Candidate's complete residence address;
          3. A declaration stating that the candidate is a write-in candidate;
          4. The name of the office for which the candidate is running;
          5. The date of the election; and
          6. Candidate's 10-year political party preference history.
            Sections 8600, 8601, 10704(a)
      4. In order to be nominated at the special primary election, the write-in candidate must receive the highest number of votes cast for this office or the second highest number of votes cast for this office, unless there is a tie or a vacancy, or unless another candidate has been elected to the office by winning a majority of the votes.Sections 8142, 8605, 10705
    5. GENERAL INFORMATION

      1. Each of the forms mentioned above is available free of charge from the county elections official. Section 8101
      2. The California delegation to the House of Representatives consists of 53 representatives, each elected for two-year terms. This election is for the remainder of the term.Cal. Const., art I, section 2; 20th Amend., section 1
      3. Because of the requirements of the Federal Election Campaign Act, as amended, a congressional candidate should contact the Federal Election Commission at 999 E Street, NW, Washington, D.C., 20463 or call toll-free (800) 424-9530 for a copy of the Federal Election Campaign Act, as amended, related regulations providing the filing requirements for reporting campaign contributions, and the forms on which to file.

IMPORTANT NOTICE

This information sheet of candidate qualifications and procedures is for general information 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.

  1. All code section references are to the California Elections Code unless stated otherwise.
  2. There is no California durational residency requirement to be a candidate for United States Representative in Congress.
  3. Write-in candidates can only run in the primary election. A write-in candidate from the primary election is eligible to run/have his or her name on the ballot in the general election if that candidate is one of the top two vote getters at the primary election, unless one candidate receives a majority of the votes (50% +1). (Elections Code §§ 8605, 10705.)