13100-13121
ELECTIONS CODE
SECTION 13100-13121
13100. All ballots used in all elections shall be governed by this
chapter unless otherwise specifically provided.
13101. In the case of the prevention of an election in any precinct
by the loss or destruction of the ballots intended for that
precinct, the inspector or other precinct officer for that precinct
shall make an affidavit setting forth the fact and transmit it to the
Governor. Upon receipt of the affidavit, the Governor may, and upon
the application of any candidate for any office to be voted for by
the voters of that precinct the Governor shall, order a new election
in that precinct.
13102. (a) All voting shall be by ballot. There shall be provided,
at each polling place, at each election at which public officers are
to be voted for, but one form of ballot for all candidates for public
office, except that, for partisan primary elections, one form of
ballot shall be provided for each qualified political party as well
as one form of nonpartisan ballot, in accordance with subdivision
(b).
(b) At partisan primary elections, each voter not registered
disclosing a preference with any one of the political parties
participating in the election shall be furnished only a nonpartisan
ballot, unless he or she requests a ballot of a political party and
that political party, by party rule duly noticed to the Secretary of
State, authorizes a person who has declined to disclose a party
preference to vote the ballot of that political party. The
nonpartisan ballot shall contain only the names of all candidates for
nonpartisan offices, voter-nominated offices, and measures to be
voted for at the primary election. Each voter registered as
preferring a political party participating in the election shall be
furnished only a ballot for which he or she disclosed a party
preference in accordance with Section 2151 or 2152 and the
nonpartisan ballot, both of which shall be printed together as one
ballot in the form prescribed by Section 13207.
(c) A political party may adopt a party rule in accordance with
subdivision (b) that authorizes a person who has declined to disclose
a party preference to vote the ballot of that political party at the
next ensuing partisan primary election. The political party shall
notify the party chair immediately upon adoption of that party rule.
The party chair shall provide written notice of the adoption of that
rule to the Secretary of State not later than the 135th day prior to
the partisan primary election at which the vote is authorized.
(d) The county elections official shall maintain a record of which
political party's ballot was requested pursuant to subdivision (b),
or whether a nonpartisan ballot was requested, by each person who
declined to disclose a party preference. The record shall be made
available to any person or committee who is authorized to receive
copies of the printed indexes of registration for primary and general
elections pursuant to Section 2184. A record produced pursuant to
this subdivision shall be made available in either a printed or
electronic format, as requested by the authorized person or
committee.
13103. Every ballot shall contain all of the following:
(a) The title of each office, arranged to conform as nearly as
practicable to the plan set forth in this chapter.
(b) The names of all qualified candidates, except that:
(1) Instead of the names of candidates for delegate to the
national conventions, there shall be printed the names of the
presidential candidates to whom they are pledged or the names of
candidates for chairmen of party national convention delegations.
(2) Instead of the names of candidates for presidential electors,
there shall be printed in pairs the names of the candidates of the
respective parties for President and Vice President of the United
States. These names shall appear under the title "President and Vice
President."
(c) The titles and summaries of measures submitted to vote of the
voters.
13104. If a candidate changes his or her name within one year of
any election, the new name shall not appear upon the ballot unless
the change was made by either of the following:
(a) Marriage.
(b) Decree of any court of competent jurisdiction.
13105. (a) In the case of candidates for a voter-nominated office
in a primary election, a general election, or a special election to
fill a vacancy in the office of United States Senator, Member of the
United States House of Representatives, State Senator, or Member of
the Assembly, immediately to the right of and on the same line as the
name of the candidate, or immediately below the name if there is not
sufficient space to the right of the name, there shall be identified
in eight-point roman lowercase type the name of the political party
designated by the candidate pursuant to Section 8002.5. The
identification shall be in substantially the following form: "My
party preference is the ________ Party." If the candidate designates
no political party, the phrase "No Party Preference" shall be printed
instead of the party preference identification. If the candidate
chooses not to have his or her party preference listed on the ballot,
the space that would be filled with a party preference designation
shall be left blank.
(b) In the case of candidates for President and Vice President,
the name of the party shall appear to the right of and equidistant
from the pair of names of these candidates.
(c) If for a general election any candidate for President of the
United States or Vice President of the United States has received the
nomination of any additional party or parties, the name(s) shall be
printed to the right of the name of the candidate's own party. Party
names of a candidate shall be separated by commas. If a candidate has
qualified for the ballot by virtue of an independent nomination, the
word "Independent" shall be printed instead of the name of a
political party in accordance with the above rules.
13106. No title or degree shall appear on the same line on a ballot
as a candidate's name, either before or after the candidate's name,
in the case of any election to any office.
13107. (a) With the exception of candidates for Justice of the
State Supreme Court or Court of Appeal, immediately under the name of
each candidate, and not separated from the name by any line, may
appear at the option of the candidate only one of the following
designations:
(1) Words designating the elective city, county, district, state,
or federal office which the candidate holds at the time of filing the
nomination documents to which he or she was elected by vote of the
people, or to which he or she was appointed, in the case of a
superior court judge.
(2) The word "incumbent" if the candidate is a candidate for the
same office which he or she holds at the time of filing the
nomination papers, and was elected to that office by a vote of the
people, or, in the case of a superior court judge, was appointed to
that office.
(3) No more than three words designating either the current
principal professions, vocations, or occupations of the candidate, or
the principal professions, vocations, or occupations of the
candidate during the calendar year immediately preceding the filing
of nomination documents. For purposes of this section, all California
geographical names shall be considered to be one word. 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, shall be considered as one word. Each part of all other
hyphenated words shall be counted as a separate word.
(4) The phrase "appointed incumbent" if the candidate holds an
office other than a judicial office by virtue of appointment, and the
candidate is a candidate for election to the same office, or, if the
candidate is a candidate for election to the same office or to some
other office, the word "appointed" and the title of the office. In
either instance, the candidate may not use the unmodified word
"incumbent" or any words designating the office unmodified by the
word "appointed." However, the phrase "appointed incumbent" shall not
be required of a candidate who seeks reelection to an office which
he or she holds and to which he or she was appointed, as a nominated
candidate, in lieu of an election, pursuant to Sections 5326 and 5328
of the Education Code or Section 7228, 7423, 7673, 10229, or 10515
of this code.
(b) Neither the Secretary of State nor any other elections
official shall accept a designation of which any of the following
would be true:
(1) It would mislead the voter.
(2) It would suggest an evaluation of a candidate, such as
outstanding, leading, expert, virtuous, or eminent.
(3) It abbreviates the word "retired" or places it following any
word or words which it modifies.
(4) It uses a word or prefix, such as "former" or "ex-," which
means a prior status. The only exception is the use of the word
"retired."
(5) It uses the name of any political party, whether or not it has
qualified for the ballot.
(6) It uses a word or words referring to a racial, religious, or
ethnic group.
(7) It refers to any activity prohibited by law.
(c) If, upon checking the nomination documents and the ballot
designation worksheet described in Section 13107.3, the elections
official finds the designation to be in violation of any of the
restrictions set forth in this section, the elections official shall
notify the candidate by registered or certified mail return receipt
requested, addressed to the mailing address provided on the candidate'
s ballot designation worksheet.
(1) The candidate shall, within three days, excluding Saturday,
Sunday, and state holidays, from the date he or she receives notice
by registered or certified mail, or from the date the candidate
receives actual notice of the violation, whichever occurs first,
appear before the elections official or, in the case of the Secretary
of State, notify the Secretary of State by telephone, and provide a
designation that complies with subdivision (a).
(2) In the event the candidate fails to provide a designation that
complies with subdivision (a) within the three-day period specified
in paragraph (1), no designation shall appear after the candidate's
name.
(d) No designation given by a candidate shall be changed by the
candidate after the final date for filing nomination documents,
except as specifically requested by the elections official as
specified in subdivision (c) or as provided in subdivision (e). The
elections official shall maintain a copy of the ballot designation
worksheet for each candidate that appears on the ballot in the county
for the same period of time as applied to nomination documents
pursuant to Section 17100.
(e) The designation shall remain the same for all purposes of both
primary and general elections, unless the candidate, at least 98
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.
(f) In all cases, the words so used shall be printed in 8-point
roman uppercase and lowercase type except that, if the designation
selected is so long that it would conflict with the space
requirements of Sections 13207 and 13211, the elections official
shall use a type size for the designation for each candidate for that
office sufficiently smaller to meet these requirements.
(g) Whenever a foreign language translation of a candidate's
designation is required under the Voting Rights Act of 1965 (42
U.S.C. Sec. 1971), as amended, to appear on the ballot in addition to
the English language version, it shall be as short as possible, as
consistent as is practicable with this section, and shall employ
abbreviations and initials wherever possible in order to avoid undue
length.
13107.3. (a) A candidate who submits a ballot designation pursuant
to subdivision (a) of Section 13107 shall file a ballot designation
worksheet that supports the use of that ballot designation by the
candidate, in a format prescribed by the Secretary of State.
(b) 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.
(c) In the event that a candidate fails to file a ballot
designation worksheet in accordance with subdivision (a), no
designation shall appear under the candidate's name on the ballot.
13107.5. (a) A candidate's ballot designation as "community
volunteer" shall constitute a valid principal vocation or occupation
for purposes of subdivision (a) of Section 13107, if not otherwise in
violation of any of the restrictions set forth in that section, and
subject to the following conditions:
(1) A candidate's community volunteer activities constitute his or
her principal profession, vocation, or occupation.
(2) A candidate is not engaged concurrently in another principal
profession, vocation, or occupation.
(3) A candidate may not use the designation of "community
volunteer" in combination with any other principal profession,
vocation, or occupation designation.
(b) The Secretary of State shall by regulation define what
constitutes a community volunteer for purposes of this section.
13108. (a) At the first elections for Representative in Congress,
State Senator, Assemblyman and Members of the Board of Equalization
in each congressional, senatorial, Assembly, and Board of
Equalization district following reapportionment acts of the
Legislature redefining the boundaries of the congressional,
senatorial, Assembly, and Board of Equalization districts pursuant to
Section 6 of Article IV, Section 17 of Article XIII, and Section 1
of Article XXI, of the California Constitution, that candidate who
shall be deemed the incumbent in a given district for purposes of the
election shall be that candidate who is running for the same office
which he or she then holds, and who is running for reelection in a
district that has the identical boundaries and number as the district
from which he or she was last elected.
(b) In the event there is no candidate to whom subdivision (a)
applies, the incumbent shall be that candidate who is running for the
same office which he or she then holds, and who is running for
reelection in a district that has the identical boundaries as the
district from which he or she was last elected, but which has a
different number.
(c) In the event there is no candidate to whom subdivision (a) or
(b) apply, the incumbent shall be that candidate who is running for
the same office which he or she then holds, and who is running for
reelection in a district that has the identical number as the
district from which he or she was last elected. However, a candidate
for the office of Member of the Assembly shall be considered the
incumbent in this case only if the district bearing the same number
is located in the same county as the district which previously bore
that number.
(d) In the event there is no candidate to whom subdivision (a),
(b), or (c) apply, the incumbent shall be that candidate who is
running for the same office that he or she then holds, and who is
running for reelection in a district that contains some portion of
the territory previously contained within the district from which he
or she was last elected. However, in a new district that contains
portions of the territory of more than one former district, the
incumbent shall be that candidate the greater portion of the
territory of whose former district is included within the new
district.
(e) If there is no candidate in a given district to which any of
the above provisions apply, the incumbent shall be any person who is
a candidate for the same office that he or she then holds who
fulfills the residential requirements of law for candidacy within the
district.
13109. The order of precedence of offices on the ballot shall be as
listed below for those offices and measures that apply to the
election for which this ballot is provided. Beginning in the column
to the left:
(a) Under the heading, PRESIDENT AND VICE PRESIDENT:
Nominees of the qualified political parties and independent
nominees for President and Vice President.
(b) Under the heading, PRESIDENT OF THE UNITED STATES:
(1) Names of the presidential candidates to whom the delegates are
pledged.
(2) Names of the chairpersons of unpledged delegations.
(c) Under the heading, STATE:
(1) Governor.
(2) Lieutenant Governor.
(3) Secretary of State.
(4) Controller.
(5) Treasurer.
(6) Attorney General.
(7) Insurance Commissioner.
(8) Member, State Board of Equalization.
(d) Under the heading, UNITED STATES SENATOR:
Candidates or nominees to the United States Senate.
(e) Under the heading, UNITED STATES REPRESENTATIVE:
Candidates or nominees to the House of Representatives of the
United States.
(f) Under the heading, STATE SENATOR:
Candidates or nominees to the State Senate.
(g) Under the heading, MEMBER OF THE STATE ASSEMBLY:
Candidates or nominees to the Assembly.
(h) Under the heading, COUNTY COMMITTEE:
Members of the County Central Committee.
(i) Under the heading, JUDICIAL:
(1) Chief Justice of California.
(2) Associate Justice of the Supreme Court.
(3) Presiding Justice, Court of Appeal.
(4) Associate Justice, Court of Appeal.
(5) Judge of the Superior Court.
(6) Marshal.
(j) Under the heading, SCHOOL:
(1) Superintendent of Public Instruction.
(2) County Superintendent of Schools.
(3) County Board of Education Members.
(4) College District Governing Board Members.
(5) Unified District Governing Board Members.
(6) High School District Governing Board Members.
(7) Elementary District Governing Board Members.
(k) Under the heading, COUNTY:
(1) County Supervisor.
(2) Other offices in alphabetical order by the title of the
office.
(l) Under the heading, CITY:
(1) Mayor.
(2) Member, City Council.
(3) Other offices in alphabetical order by the title of the
office.
(m) Under the heading, DISTRICT:
Directors or trustees for each district in alphabetical order
according to the name of the district.
(n) Under the heading, MEASURES SUBMITTED TO THE VOTERS and the
appropriate heading from subdivisions (a) through (m), above, ballot
measures in the order, state through district shown above, and within
each jurisdiction, in the order prescribed by the official
certifying them for the ballot.
(o) In order to allow for the most efficient use of space on the
ballot in counties that use a voting system, as defined in Section
362, the county elections official may vary the order of subdivisions
(j), (k), (l), (m), and (n) as well as the order of offices within
these subdivisions. However, the office of Superintendent of Public
Instruction shall always precede any school, county, or city office,
and state measures shall always precede local measures.
13109.5. Notwithstanding anything in Section 13109 to the contrary,
and to facilitate compliance with Section 13206, the elections
official may list the offices specified in subdivision (h) of Section
13109 directly after the offices specified in subdivisions (a) and
(b) of Section 13109, when the offices specified in those subsections
are on the ballot, or at the end of the ballot in elections at which
the offices specified in subdivisions (a) and (b) of Section 13109
are not listed on the ballot.
13110. The group of names of candidates for any partisan office,
voter-nominated office, or nonpartisan office shall be the same on
the ballots of all voters entitled to vote for candidates for that
office, except that in partisan primary elections, the names of
candidates for nomination to partisan office shall appear only on the
ballots of the political party, the nomination of which they seek,
and candidates for election to a political party committee shall
appear only on the ballots of the political party for which the
candidate seeks election.
13111. Candidates for each office shall be printed on the ballot in
accordance with the following rules:
(a) The names of presidential candidates to whom candidates for
delegate to the national convention are pledged, and the names of
chairpersons of groups of candidates for delegate expressing no
preference, shall be arranged on the primary election ballot by the
Secretary of State by the names of the candidates in accordance with
the randomized alphabet as provided for in Section 13112 in the case
of the ballots for the First Assembly District. Thereafter, for each
succeeding Assembly district, the name appearing first in the last
preceding Assembly district shall be placed last, the order of the
other names remaining unchanged.
(b) The names of the pairs of candidates for President and Vice
President shall be arranged on the general election ballot by the
Secretary of State by the names of the candidates for President in
accordance with the randomized alphabet as provided for in Section
13112 in the case of the ballots for the First Assembly District.
Thereafter, for each succeeding Assembly district, the pair appearing
first in the last preceding Assembly district shall be placed last,
the order of the other pairs remaining unchanged.
(c) In the case of all other offices, the candidates for which are
to be voted on throughout the state, the Secretary of State shall
arrange the names of the candidates for the office in accordance with
the randomized alphabet as provided for in Section 13112 for the
First Assembly District. Thereafter, for each succeeding Assembly
district, the name appearing first in the last preceding Assembly
district shall be placed last, the order of the other names remaining
unchanged.
(d) If the office is that of Representative in Congress or member
of the State Board of Equalization, the Secretary of State shall
arrange the names of candidates for the office in accordance with the
randomized alphabet as provided for in Section 13112 for that
Assembly district that has the lowest number of all the Assembly
districts in which candidates are to be voted on. Thereafter, for
each succeeding Assembly district in which the candidates are to be
voted on, the names appearing first in the last preceding Assembly
district shall be placed last, the order of the other names remaining
unchanged.
(e) If the office is that of State Senator or Member of the
Assembly, the county elections official shall arrange the names of
the candidates for the office in accordance with the randomized
alphabet as provided for in Section 13112, unless the district
encompasses more than one county, in which case the arrangement shall
be made pursuant to subdivision (i).
(f) If the office is to be voted upon wholly within, but not
throughout, one county, as in the case of municipal, district, county
supervisor, and county central committee offices, the official
responsible for conducting the election shall determine the order of
names in accordance with the randomized alphabet as provided for in
Section 13112.
(g) If the office is to be voted on throughout a single county,
and there are not more than four Assembly districts wholly or partly
in the county, the county elections official shall determine the
order of names in accordance with the randomized alphabet as provided
for in Section 13112 for the first supervisorial district.
Thereafter, for each succeeding supervisorial district, the name
appearing first for each office in the last preceding supervisorial
district shall be placed last, the order of the other names remaining
unchanged.
(h) If there are five or more Assembly districts wholly or partly
in the county, an identical procedure shall be followed, except that
rotation shall be by Assembly district, commencing with the Assembly
district which has the lowest number.
(i) Except as provided in subdivision (d) of Section 13112, if the
office is that of State Senator or Member of the Assembly, and the
district includes more than one county, the county elections official
in each county shall conduct a drawing of the letters of the
alphabet, pursuant to the same procedures specified in Section 13112.
The results of the drawing shall be known as a county randomized
ballot and shall be used only to arrange the names of the candidates
when the district includes more than one county.
(j) If the office is that of Justice of the California Supreme
Court or a court of appeal, the appropriate elections officials shall
arrange the names of the candidates for the office in accordance
with the randomized alphabet as provided for in Section 13112.
However, the names of the judicial candidates shall not be rotated
among the applicable districts.
13112. The Secretary of State shall conduct a drawing of the
letters of the alphabet, the result of which shall be known as a
randomized alphabet. The procedure shall be as follows:
(a) Each letter of the alphabet shall be written on a separate
slip of paper, each of which shall be folded and inserted into a
capsule. Each capsule shall be opaque and of uniform weight, color,
size, shape, and texture. The capsules shall be placed in a
container, which shall be shaken vigorously in order to mix the
capsules thoroughly. The container then shall be opened and the
capsules removed at random one at a time. As each is removed, it
shall be opened and the letter on the slip of paper read aloud and
written down. The resulting random order of letters constitutes the
randomized alphabet, which is to be used in the same manner as the
conventional alphabet in determining the order of all candidates in
all elections. For example, if two candidates with the surnames
Campbell and Carlson are running for the same office, their order on
the ballot will depend on the order in which the letters M and R were
drawn in the randomized alphabet drawing.
(b) (1) There shall be six drawings, three in each even-numbered
year and three in each odd-numbered year. Each drawing shall be held
at 11 a.m. on the date specified in this subdivision. The results of
each drawing shall be mailed immediately to each county elections
official responsible for conducting an election to which the drawing
is applicable, who shall use it in determining the order on the
ballot of the names of the candidates for office.
(A) The first drawing under this subdivision shall take place on
the 82nd day before the April general law city elections of an
even-numbered year, and shall apply to those elections and any other
elections held at the same time.
(B) The second drawing under this subdivision shall take place on
the 82nd day before the direct primary of an even-numbered year, and
shall apply to all candidates on the ballot in that election.
(C) (i) The third drawing under this subdivision shall take place
on the 82nd day before the November general election of an
even-numbered year, and shall apply to all candidates on the ballot
in the November general election.
(ii) In the case of the primary election and the November general
election, the Secretary of State shall certify and transmit to each
county elections official the order in which the names of federal and
state candidates, with the exception of candidates for State Senate
and Assembly, shall appear on the ballot. The elections official
shall determine the order on the ballot of all other candidates using
the appropriate randomized alphabet for that purpose.
(D) The fourth drawing under this subdivision shall take place on
the 82nd day before the March general law city elections of each
odd-numbered year, and shall apply to those elections and any other
elections held at the same time.
(E) The fifth drawing under this subdivision shall take place on
the 82nd day before the first Tuesday after the first Monday in June
of each odd-numbered year, and shall apply to all candidates on the
ballot in the elections held on that date.
(F) The sixth drawing under this subdivision shall take place on
the 82nd day before the first Tuesday after the first Monday in
November of the odd-numbered year, and shall apply to all candidates
on the ballot in the elections held on that date.
(2) In the event there is to be an election of candidates to a
special district, school district, charter city, or other local
government body at the same time as one of the five major election
dates specified in subparagraphs (A) to (F), inclusive, and the last
possible day to file nomination papers for the local election would
occur after the date of the drawing for the major election date, the
procedure set forth in Section 13113 shall apply.
(c) Each randomized alphabet drawing shall be open to the public.
At least 10 days prior to a drawing, the Secretary of State shall
notify the news media and other interested parties of the date, time,
and place of the drawing. The president of each statewide
association of local officials with responsibilities for conducting
elections shall be invited by the Secretary of State to attend each
drawing or send a representative. The state chairman of each
qualified political party shall be invited to attend or send a
representative in the case of drawings held to determine the order of
candidates on the primary election ballot, the November general
election ballot, or a special election ballot as provided for in
subdivision (d).
(d) In the case of any special election for State Assembly, State
Senate, or Representative in Congress, on the first weekday after the
close of filing of nomination papers for the office, the Secretary
of State shall conduct a public drawing to produce a randomized
alphabet in the same manner as provided for in subdivisions (a) and
(c). The resulting randomized alphabet shall be used for determining
the order on the ballot of the candidates in both the primary
election for the special election and in the special election.
13113. (a) In the case of an election of candidates in a special
district, school district, charter city (whose charter does not
provide to the contrary), or other local government body, occurring
on other than one of the election dates specified in subdivision (b)
of Section 13112, the official responsible for conducting the
election shall, at the same time that the election is called, notify
the Secretary of State by registered mail of the date of the
election, the date of the close of filing, and the last possible date
for filing in the event there is an extension of filing due to an
incumbent failing to file. The Secretary of State shall conduct a
randomized alphabet drawing pursuant to subdivision (a) of Section
13112 on the first weekday following the last possible day of filing
in the event there is an extension for the election.
(b) Except as provided for runoff elections in subdivision (d), if
two or more drawings for local government elections would occur on
the same date, the Secretary of State may use a single randomized
alphabet drawing for all of these elections. The Secretary of State
shall communicate the results of the drawing by registered mail to
each respective official responsible for conducting the election who
shall use it to determine the order on the ballot of all candidates'
names.
(c) All drawings held pursuant to this section shall be open to
the public.
(d) If a charter city conducts a runoff election, it shall use the
results of a randomized alphabet drawing separate from the results
of the randomized alphabet drawing used for the initial election for
that runoff election. The city shall, within three days following the
initial election, notify the Secretary of State by registered mail
of the date of the election and request that he or she conduct a
randomized alphabet drawing for the runoff election. The Secretary of
State shall immediately conduct a randomized alphabet drawing for
the runoff election and communicate the results of the drawing to the
elections official responsible for conducting the runoff election
who shall use the results to determine the order of all the
candidates' names on the ballot. The results of the randomized
alphabet drawing shall be clearly labeled "FOR USE IN A RUNOFF
ELECTION ONLY."
13114. (a) At any regular meeting of a city council held prior to
the date on which the Secretary of State conducts the randomized
alphabet drawing applicable to the regular municipal election under
Section 13112, or, under Section 13113, applicable to a special
election called to fill a vacancy on the city council, the city
council may, by resolution, provide for the rotation on the ballot of
the names of candidates for any elective city office.
(b) A resolution adopted pursuant to subdivision (a) shall specify
which regular statewide election precincts or, if precincts have
been consolidated for purposes of the city election, which
consolidated precincts, shall constitute each cluster of precincts
for purposes of the rotation of candidates' names on the ballot.
(c) (1) As used in this section, a "cluster" shall consist of one
or more precincts which need not be contiguous. The clusters of
precincts shall be numbered in consecutive order for purposes of
ballot rotation of candidates' names, and the resolution shall list
the clusters by number and identify which precincts are in each
cluster.
(2) No cluster of precincts shall contain a number of registered
voters which is more than 10 percent greater or lesser than the
average number of registered voters for a cluster as of the most
recent estimate by the county elections official of the number of
registered voters in each regular precinct in the city prior to the
adoption of the resolution. The resolution shall set forth the total
number of registered voters in each cluster.
(d) A resolution adopted pursuant to subdivision (a) shall specify
that, in the cluster designated as cluster number one, the names
shall appear on the ballot in the order determined by the Secretary
of State's randomized alphabet drawing. For each successive cluster,
the resolution shall specify the manner of determining the order of
the candidates' names by applying the following:
(1) If the number of candidates for an office is equal to or less
than the number of clusters, in cluster number two and each
successive cluster, the name appearing first in the last preceding
cluster shall be placed last, the order of the other names remaining
unchanged.
(2) If the number of candidates for an office is greater than the
number of clusters, the former shall be divided by the latter. If the
resulting quotient is a mixed number and the fractional part of the
mixed number is less than one-half, the fraction shall be discarded.
If the fractional part of the mixed number is one-half or greater,
the quotient shall be raised to the next largest whole number. The
whole number that results from this process shall be the number of
candidates that, in cluster number two and each successive cluster,
shall be taken from the beginning of the list and placed at the end
of the list, the order of the other names remaining unchanged.
(e) (1) No city may provide for rotation of candidates' names on
the ballot for a particular election unless the resolution
authorizing it, in accordance with this section, is adopted by the
city council at a regular meeting, at which the city elections
official has provided cost estimates of this rotation, prior to the
date of the randomized alphabet drawing applicable to the election.
(2) A city council resolution that provides for rotation of
candidates' names pursuant to this section for any election which is
consolidated with any county or state election shall also provide for
the payment of computer programming, formatting, preparation, and
all similar related administrative costs associated with development
of the ballot on which those names appear.
13115. The order in which all state measures that are to be
submitted to the voters shall appear upon the ballot is as follows:
(a) Bond measures in the order in which they qualify.
(b) Constitutional amendments in the order in which they qualify.
(c) Other legislative measures in the order in which they are
approved by the Legislature.
(d) Initiative measures in the order in which they qualify.
(e) Referendum measures in the order in which they qualify.
13116. (a) In an election at which state, county, city, or other
local measures are submitted to a vote of the voters, all state
measures shall be numbered in numerical order, as provided in this
chapter or division. All county, city, or other local measures shall
be designated by a letter, instead of a figure, printed on the left
margin of the square containing the description of the measure,
commencing with the letter "A" and continuing in alphabetical order,
one letter for each of these measures appearing on the ballot.
(b) An elections official may commence designating local measures
with any letter of the alphabet following the letter "A," and
continuing in alphabetical order, in order to avoid voter confusion
that might result from different local measures carrying the same
letter designation in successive elections.
(c) Where two or more counties or cities submitting measures to
the voters are in close proximity, the elections officials of those
counties or cities may mutually agree to use letter designation for
ballot measures that will not conflict or confuse the voter.
13117. (a) Commencing with the November 3, 1998, general election,
all state measures in all elections at which state measures are
submitted to a vote of the voters shall be numbered in a continuous
sequence, commencing with the number "1" and continuing in numerical
sequence for a period of 10 years from the year of commencement.
(b) At the completion of a 10-year cycle, the numbering sequence
shall recommence with the number "1" at the next election at which
state measures are submitted to a vote of the voters.
13118. The following rules apply whenever any person who is a
candidate for any office believes that some other person with a name
that is so similar that it may be confused with his or her name has
filed or will file a nomination paper for the same office:
(a) The candidate may, at the time of filing his or her nomination
paper, or within five days after the time for filing nomination
papers has expired, file with the county elections official a
statement that shall be in substance as follows:
"I ____, believe that some other person, whose name is so similar
to mine that it may be confused with mine, has filed or will file a
nomination paper for the same office for which I have filed a
nomination paper, and I therefore request and direct that number ____
be printed with my name on the ballot as a distinguishing mark.
__________________
Name
Candidate for the
office of _______"
(b) The distinguishing mark shall be a number and shall be printed
in large boldface type at the left of the name on the ballot.
(c) If two or more candidates for the same office designate the
same distinguishing number, the first candidate who filed his or her
nomination papers shall have the number, and other candidates who
designate the same number may file papers designating other
distinguishing numbers.
(d) In addition to the designated number or numbers that the
county elections official shall place on the ballot when the above
conditions are met, he or she shall place on the ballot, immediately
following the designation of the office and immediately preceding the
names of the candidates to be voted upon, the following warning in
boldface type:
"Warning! There are two (or applicable number) candidates for this
office with identical names."
This warning shall also be included, in boldface type and in a
prominent manner, on any sample ballot, ballot pamphlet, or other
mailing sent by the county elections official, prior to the election,
to persons eligible to vote for this office.
13119. The ballots used when voting upon a proposed county, city,
or district ordinance submitted to the voters of the respective local
government as an initiative measure pursuant to Division 9
(commencing with Section 9000) shall have printed on them the words
"Shall the ordinance (stating the nature thereof) be adopted "
Opposite the statement of the ordinance to be voted on, and to its
right, the words "Yes" and "No" shall be printed on separate lines,
with voting squares. If a voter stamps a cross (+) in the voting
square after the printed word "Yes," his or her vote shall be counted
in favor of the adoption of the ordinance. If he or she stamps a
cross (+) in the voting square after the printed word "No," his or
her vote shall be counted against its adoption.
13120. The ballots used when voting upon a state, county, city, or
district statute or ordinance referred to the voters of the
respective jurisdiction as a referendum measure pursuant to Division
9 (commencing with Section 9000) shall have printed on them the words
"Shall the statute (or ordinance) (stating the nature thereof,
including any identifying number or title) be adopted " Opposite the
statement of the statute or ordinance to be voted on and to its
right, the words "Yes" and "No" shall be printed on separate lines,
with voting squares. If a voter stamps a cross (+) in the voting
square after the printed word "Yes," his or her vote shall be counted
in favor of the adoption of the ordinance or statute. If he or she
stamps a cross (+) in the voting square after the printed word "No,"
his or her vote shall be counted against its adoption.
13121. Notwithstanding any other provision of this code, the county
elections official conducting any school election shall not be
required to provide more than one ballot to the same voter for the
purpose of voting on separate propositions at the same election.
However, no voter shall be presented with a ballot containing a
proposition on which he or she is not entitled to vote by reason of
not residing within the district or area affected by the proposition.