AB 1795

Bill Subjects

Primary Elections Dual Candidacies

Abstract

(1) Existing law 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 primary election. This bill would clarify that a candidate is prohibited from filing nomination documents for more than one office at the same primary election. (2) Existing law requires a candidate for state office, or for the office of Member of the United States House of Representatives or United States Senator, to deliver their nomination documents to the county elections official no later than 5 p.m. on the 88th day before the primary election. Existing law further provides that if the incumbent for specified state offices, or for the office of Member of the United States House of Representatives or United States Senator, does not deliver nomination documents to the county elections official by this deadline, then the deadline for a candidate other than the incumbent to file nomination documents for that office is extended to 5 p.m. on the 83rd day before the primary election. Existing law prohibits a candidate whose declaration of candidacy has been filed for any primary election from withdrawing as a candidate at that primary election. This bill would permit a candidate who has filed a declaration of candidacy for an office at a primary election to additionally file nomination documents for one of the offices specified above if a filing extension is granted for that second office because the incumbent has not filed nomination documents. The bill would provide that the candidate's act of filing for the second office constitutes an automatic withdrawal from candidacy for the first office. The bill would further provide that if the candidate who withdraws from the first office is the incumbent of that first office, the period to file nomination documents for that first office would be reopened until 5 p.m. on the 78th day before the primary election. By imposing additional duties on local elections officials, the bill would establish 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.