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Guidelines
Ballot Designation
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Nomination Papers - Guidelines
The nomination paper is in the front cover of the notebook.
Candidates begin the nomination process by obtaining signatures on the nomination
paper. The City Clerk will furnish the nomination paper. At the time of issuance,
the name of the candidate will be typed on the form, and the City Clerk will sign
and date the form.
To be nominated to the Office of Member of the City Council, the candidate must:
Kb Be a registered voter in the City of Seal Beach, resident of the
respective district the time the nomination paper is issued; and
Ib Obtain not less than 20 and not more than 30 valid signatures - the signer
to the nomination paper shall be a registered voter of the City of Seal
Beach and a resident of the jurisdiction of the candidate named in the
nomination paper.
Pb Once a nomination paper is filed with the City Clerk, the nomination paper
may not be returned to the candidate to obtain additional signatures.
Nomination Signatures:
Between July 18, 2016, and August 12, 2016 both days included, voters may
nominate candidates for election by signing a nomination paper.
Ib Each candidate shall be proposed by not less than 20 and not more
than 30 voters, but only one candidate may be named in any one
nomination paper. The circulator of a nomination paper and each
signer of the paper must be registered voters of the City of Seal
Beach and a resident of the respective district. Both the candidate
and the circulator can sign the paper.
W There are two seats for Member of the City Council - Councilmanic
District Two - Leisure World and College Park West and District Four
® - College Park East and Town Center.
® ib The registered voters' signature on the nomination paper must be the
same as on file with the Orange County Voter Registrar office. All
signatures on each nomination paper must be on the some sheet of
paper. Each signer must print his /her name and place of residence,
giving the street and number (not P.O. address) in their own
handwriting.
Fb If the registered voter is unable to personally affix this information,
EC §100.5 allows them to request another person to affix the voter's
information but the voter shall personally affix his /her signature or
mark (must be on file with county registrar of voters), which shall be
witnessed by one person by subscribing his /her name thereon.
Once the nomination documents have been submitted to the City Clerk, the
City Clerk will verify the signatures of the signers on the nomination paper
with the registration affidavits on file in the Office of the Orange County
Registrar of Voters. Any signature that does not appear in the same
handwriting as appears on the affidavit of registration will be marked "NOT
® SUFFICIENT."
If the nomination paper is determined to be insufficient or the candidate
fails to obtain the required 20 valid signatures, the City Clerk shall retain
the original nomination paper, provide a copy of the nomination paper to the
candidate with an indication of which signatures are valid, and issue a
"Supplemental" petition to the candidate on which the candidate may collect
additional signatures. The supplemental petition(s) must be filed no later
than the last day of filing period (August 12th).
Once the minimum requisite number of signatures has been verified, the
verification process ceases. The City Clerk will notify the candidate of the
verification results.
Circulator:
Circulator is a person who performs the task of obtaining signatures of registered
voters on the nomination paper. A candidate may either circulate his /her own
® nomination paper or may appoint another person to act as circulator. A circulator
must be registered to vote in the City of Seal Beach and a resident of the
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respective district. If there is any doubt about the circulator's registration,
check with the County Registrar of Voters office to verify before proceeding.
In addition to collecting signatures, circulators are required to execute a sworn
statement (under penalty of perjury) that all the signatures they obtained on the
nomination paper were made in their presence and that, to the best of their
knowledge and belief, each signature is the genuine signature of the person whose
name it purports to be. Accordingly, only one person may obtain signatures on a
nomination paper.
Note: ib If the circulator fails to obtain the signatures in
accordance with the law, the candidate's right to be placed on the ballot
could be questioned. Candidates and circulators need to be aware of
laws regarding signatures.
Affidavit of Nominee:
The candidate must complete and sign the "Affidavit of Nominee and Oath or
® Affirmation of Allegiance" located on the back of the nomination paper. This must
be signed in the presence of the City Clerk.
A verified statement of the candidate that he /she will accept the nomination and
also accept the office in the event of his /her election.
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® Ballot Designations
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California Code of Regulations
Title 2. Administration
Division 7. Secretary of State
Chapter 7. Ballot Designations
• 20710. General Provisions.
• 20711 Ballot Designation Worksheet.
• 20712 Proposed Ballot Designations Submitted
Section 13107, Subdivision (a)(1).
• 20713 Proposed Ballot Designations Submitted
Section 13107, Subdivision (a)(2).
• 20714 Proposed Ballot Designations Submitted
Section 13107, Subdivision (a)(3).
o 20714.5 "Community Volunteer."
• 20715 Proposed Ballot Designations Submitted
Section 13107, Subdivision (a)(4).
20716 Unacceptable Ballot Designations.
• 20717 Requests for Supporting Documentation.
Pursuant to Elections Code
Pursuant to Elections Code
Pursuant to Elections Code
Pursuant to Elections Code
20718 Communication of Decisions Regarding Ballot Designations.
• 20719 Service of Legal Process Regarding Ballot Designations.
20710. General Provisions.
The regulatory purpose of this Chapter is to ensure the accurate designation of
the candidate upon the ballot in order that an informed electorate may
intelligently elect one of the candidates.
2. The Secretary of State shall, at all times, apply and interpret the provisions of
Elections Code Section 13107 and the regulations included in this Chapter in a
manner consistent with the regulatory purpose of this Chapter.
3. Candidates are not required to use a ballot designation pursuant to Elections
Code Section 13107, subdivision (a), and may opt to leave the space for such a
designation on the ballot blank. In order to notify the elections official as to
whether he or she will use a ballot designation or will opt to leave the ballot
designation space blank, the candidate must initial the appropriate box on the
Declaration of Candidacy or otherwise so indicate on the Declaration of
Candidacy.
4. Pursuant to Elections Code s 13107, subdivision (a), a candidate may submit a
proposed ballot designation pursuant to any one of the four provisions specified
in Elections Code Section 13107, subdivision (a), subparts (1) through (4),
applicable to that candidate. The candidate shall be free to select from which of
the applicable four subparts he or she is submitting his or her proposed ballot
designation.
5. The regulations set forth in this Chapter shall apply only to elections held for
offices for which elections returns are certified by the Secretary of State of the
State of California.
6. Whenever, the word "should" is used in this Chapter, it is recommended, not
mandatory.
Note: Authority cited: Section 12172.5, Government Code. Reference: Section 13107,
Elections Code.
HISTORY
New chapter 7 (sections 20710 - 20719) and section filed 1- 14 -98; operative 1-
14-98 pursuant to Government Code section 11343.4(d) (Register 98, No. 3).
20711. Ballot Designation Worksheet.
1. In order to facilitate review of a candidate's proposed ballot designation by the
Secretary of State pursuant to Elections Code Section 13107, the candidate
shall submit, at the time of filing his or her proposed ballot designation on the
Declaration of Candidacy, a completed Ballot Designation Worksheet on a form
® provided by the Secretary of State.
2. All Ballot Designation Worksheets filed with the Office of the Secretary of State
or the county elections officials pursuant to this section shall be public records
and shall be available for inspection and copying at the public counter of the
Elections Division of the Office of the Secretary of State, Fifth Floor, 1500 11th
Street, Sacramento, California 95814, or at the office of the applicable county
elections official.
3. The Secretary of State shall provide a master copy or copies of the Ballot
Designation Worksheet to all elections officials responsible for providing and
accepting the nomination documents for candidates in elections for offices
certified by the Secretary of State. The Ballot Designation Worksheet shall
request that the candidate proposing the ballot designation provide the
following information:
1. The candidate's name, home, business and mailing addresses,
telephone numbers, e-mail address, if available, and fax number;
2. A designation of the office for which the candidate is seeking election;
3. The name, home, business and mailing addresses, telephone
numbers, e-mail address, if available, and fax number of the attorney
representing the candidate or for any other person to be contacted in
the event the Secretary of State requires further information regarding
the proposed ballot designation;
4. The proposed ballot designation submitted by the candidate;
5. The candidate may submit one or more proposed alternate ballot
® designations ranked in order of the candidate's preference;
6. A brief statement identifying the factual basis upon which the candidate
claims the proposed ballot designation and each proposed alternate
ballot designation, including the following:
1. If the candidate holds elected office and is submitting his or
her proposed ballot designation pursuant to Elections Code
Section 13107, subdivisions (a)(1) or (a)(2), the candidate
shall indicate the elective office he or she currently occupies
and may attach a copy of his or her Certificate of Election;
2. If the candidate is a judicial officer and is submitting his or her
proposed ballot designation pursuant to Elections Code
Section 13107, subdivisions (a)(1) or (a)(2), the candidate
shall indicate the elective office he or she currently holds and
may attach either (A) a copy of his or her Certificate of
Election or (B) a copy of his or her commission or certificate of
appointment, issued at the time the candidate was appointed
to the judicial office which he or she currently occupies;
3. If the candidate submits a ballot designation pursuant to
Elections Code Section 13107, subdivision (a)(3), the
candidate shall indicate:
1. The title of the position or positions which he or she
claims supports the proposed ballot designation;
2. The dates during which the candidate held such
position;
3. A description of the work he or she performs in the
position;
4. The name of the candidate's business or employer;
5. The name and telephone number of a person or
persons who could verify such information; and
6. A statement that the professions, vocations or
occupations relied upon to support the proposed
ballot designation constitute the primary, main or
leading professions, vocations or occupations of the
candidate, in accordance with the definition of the
term "principal" as set forth at Section 20714,
subdivision (b).
4. If the candidate submits a ballot designation pursuant to
Elections Code Section 13107, subdivision (a)(4), the
candidate shall indicate the date on which he or she was
appointed to the office for which he or she is an appointed
incumbent.
4. The candidate may attach or append any supporting documents or other
exhibits to his or her Ballot Designation Worksheet which he or she believes
support his or her proposed ballot designation. Such attached documents or
other exhibits shall be deemed to be incorporated by reference as part of the
candidate's Ballot Designation Worksheet and shall be considered as such by
the Secretary of State.
5. If a candidate requests a change of his or her ballot designation pursuant to
® Elections Code Section 13107(e), that request shall be accompanied by a
Ballot Designation Worksheet.
Note: Authority Authority cited: Section 12172.5, Government Code. Reference:
Sections 13107 and 13107.3, Elections Code.
HISTORY
1. New section filed 1- 14 -98; operative 1 -14 -98 pursuant to Government Code
section 11343.4(d) (Register 98, No. 3).
2. Amendment of subsections (a), (c)(5), (c)(6)(A) -(C) and (c)(6)(D), new
subsection (e) and amendment of Note filed 12 -21 -2009; operative 12 -21 -2009
pursuant to Government Code section 11343.4 (Register 2009, No. 52).
20712. Proposed Ballot Designations Submitted Pursuant to Elections Code Section
13107, Subdivision (a)(1).
Proposed ballot designations submitted pursuant to Elections Code Section 13107,
subdivision (a)(1), shall be subject to the following provisions:
1.
In the case of candidates holding elective city, county, district, state, or federal
office, the candidate's ballot designation shall be the elective office which the
candidate holds at the time of filing the nomination documents.
® 2.
In the case of judicial officers, the candidate's ballot designation shall be the
elective office which the candidate holds at the time of filing the nomination
documents.
3.
There shall be no word count limitation applicable to ballot designations
submitted pursuant to Elections Code Section 13107, subdivision (a)(1).
4.
Proposed ballot designations indicating a position of legislative leadership or
leadership in another elected body, such as "Majority Leader of the California
Senate," "Minority Leader of the California State Assembly," "Speaker of the
California State Assembly," "President Pro Tempore of the California State
Senate," "City of Orange Mayor Pro Tem," and the like, are not elective offices
described in Elections Code Section 13107, subdivision (a)(1). Such ballot
designations are improper, pursuant to Elections Code Section 13107,
subdivision (a)(1). They may, however, subject to the three -word limit, be
considered under the provisions of Section 13107(a)(3). Examples of
acceptable ballot designations under this section include, but are not limited to,
"Assembly Minority Leader," "California Assembly Speaker," and "Mayor Pro
Tem."
5.
Proposed ballot designations indicating that the candidate is a member of the
state or county central committee of a political party, or an officer of a state or
county central committee of a political party, are improper, as such positions do
not constitute elective county or state offices as specified in Elections Code
Section 13107, subdivision (a)(1).
is
O
Note: Authority cited: Section 12172.5, Government Code. Reference: Section 13107,
Elections Code.
HISTORY
New section filed 1- 14 -98; operative 1 -14 -98 pursuant to Government Code
section 11343.4(d) (Register 98, No. 3).
2. Amendment of subsection (d) filed 12 -21 -2009; operative 12 -21 -2009 pursuant
to Government Code section 11343.4 (Register 2009, No. 52).
20713. Proposed Ballot Designations Submitted Pursuant to Elections Code Section
13107, Subdivision (a)(2).
Proposed ballot designations submitted pursuant to Elections Code s 13107,
subdivision (a)(2), shall be subject to the following provisions:
1. A proposed ballot designation submitted pursuant to Elections Code Section
13107, subdivision (a)(2), is limited "incumbent," as that term is defined in
Elections Code s 13107, subdivision (a)(2).
2. The term "incumbent' must be used as a noun. It shall not be used in
conjunction with any other words, including any accompanying adjectives or
modifiers, and must stand alone. A candidate qualified to use this designation
pursuant to Elections Code Section 13107, subdivision (a)(2), shall be entitled
to use the ballot designation "Incumbent."
3. The word "incumbent' is strictly limited for use in ballot designations submitted
pursuant to Elections Code Section 13107, subdivision (a)(2), and may not be
used as an adjective in any other ballot designation.
Note: Authority cited: Section 12172.5, Government Code. Reference: Section 13107,
Elections Code.
HISTORY
1. New section filed 1- 14 -98; operative 1 -14 -98 pursuant to Government Code
section 11343.4(d) (Register 98, No. 3).
20714. Proposed Ballot Designations Submitted Pursuant to Elections Code Section
13107, Subdivision (a)(3).
Proposed ballot designations submitted pursuant to Elections Code Section 13107,
subdivision (a)(3), shall be subject to the following provisions:
The terms "profession," "vocation," or "occupation," as those terms are used in
Elections Code Section 13107, subdivision (a)(3), are defined as follows:
1. "Profession" means a field of employment requiring special education
or skill and requiring knowledge of a particular discipline. The labor and
skill involved in a profession is predominantly mental or intellectual,
rather than physical or manual. Recognized professions generally
include, but are not limited to, law, medicine, education, engineering,
accountancy, and journalism. Examples of an acceptable designation
of a "profession," as defined in Elections Code Section 13107,
subdivision (a)(3), include, but are not limited to, "attorney,"
"physician," "accountant," "architect," and "teacher."
2. "Vocation" means a trade, a religious calling, or the work upon which a
person, in most but not all cases, relies for his or her livelihood and
spends a major portion of his or her time. As defined, vocations may
include, but are not limited to, religious ministry, child rearing,
homemaking, elderly and dependent care, and engaging in trades
such as carpentry, cabinetmaking, plumbing, and the like. Examples of
an acceptable designation of a "vocation," as defined in Elections
Code Section 13107, subdivision (a)(3), include, but are not limited to,
"minister," "priest," "mother," "father," "homemaker," "dependent care
provider," "carpenter," "plumber," "electrician," and "cabinetmaker."
3. "Occupation" means the employment in which one regularly engages
or follows as the means of making a livelihood. Examples of an
acceptable designation of an "occupation," as defined in Elections
Code Section 13107, subdivision (a)(3), include, but are not limited to,
"rancher," "restaurateur," "retail salesperson," "manual laborer,"
"construction worker," "computer manufacturing executive," "military
pilot," "secretary," and "police officer."
2. "Principal," as that term is used in Elections Code Section 13107, subdivision
® (a)(3), means a substantial involvement of time and effort such that the activity
is one of the primary, main or leading professional, vocational or occupational
endeavors of the candidate. The term "principal" precludes any activity which
does not entail a significant involvement on the part of the candidate.
Involvement which is only nominal, pro forma, or titular in character does not
meet the requirements of the statute.
1. If a candidate is licensed by the State of California to engage in a
profession, vocation or occupation, the candidate is entitled to consider
it one of his or her "principal" professions, vocations or occupations if
the candidate has maintained his or her license current as of the date
he or she filed his or nomination documents by complying with all
applicable requirements of the respective licensure, including the
payment of all applicable license fees and the status of the candidate's
license is active at the time he or she filed his or her nomination
documents.
2. A candidate who holds a professional, vocational or occupational
license issued by the State of California may not claim such
profession, vocation or occupation as one of his or her "principal"
professions, vocations or occupations if the candidate's Iicensure
status is "inactive" at the time the candidate files his or her nomination
document, or the candidate's license has been suspended or revoked
by the agency issuing the license at the time the candidate files his or
her nomination documents.
3. In order for a ballot designation submitted pursuant to Elections Code Section
13107, subdivision (a)(3), to be deemed acceptable by the Secretary of State, it
must accurately state the candidate's principal professions, vocations or
occupations, as those terms are defined in subdivisions (a) and (b) herein.
Each proposed principal profession, vocation or occupation submitted by the
candidate must be factually accurate, descriptive of the candidate's principal
profession, vocation or occupation, must be neither confusing nor misleading,
and must be in full and complete compliance with Elections Code Section
13107 and the regulations in this Chapter.
4. If the candidate is engaged in a profession, vocation or occupation at the time
he or she files his or her nomination documents, the candidate's proposed
ballot designation is entitled to consist of the candidate's current principal
professions, vocations and occupations. In the event the candidate does not
have a current principal profession, vocation or occupation at the time he or she
files his or her nomination documents, the candidate may use a ballot
designation consisting of his or her principal professions, vocations or
occupations, which the candidate was principally engaged in during the
calendar year immediately preceding the filing of the candidate's nomination
papers.
5. A candidate may engage in multiple principal professions, vocations or
occupations. Accordingly, the candidate may designate multiple principal
professions, vocations or occupations. If a candidate proposes a ballot
designation including multiple principal professions, vocations or occupations,
the proposed ballot designation must comply with the following provisions:
1. The proposed ballot designation must comply with the three -word
limitation specified in Elections Code Section 13107, subdivision (a)(3),
and as implemented pursuant to subdivision (f) herein.
2. Each such proposed profession, vocation or occupation shall be
separately considered by the Secretary of State and must
independently qualify as a "principal" profession, vocation or
occupation, as that term is defined pursuant to subdivision (b) herein.
3. When multiple professions, vocations or occupations are proposed as
a ballot designation, they shall be separated by a slash ( "P). An
example of an acceptable designation would be
"Legislator /Rancher /Physician."
6. Pursuant to Elections Code Section 13107, subdivision (a)(3), the candidate's
ballot designation shall be limited to not more than three (3) words. The
following rules shall govern the application of the three -word limitation:
1. The proposed ballot designation shall be grammatically correct,
generic, and all words must be spelled correctly.
2. Punctuation shall be limited to the use of a comma (e.g., District
Attorney, Los Angeles County) and a slash (e.g.,
Legislator /Rancher /Physician), pursuant to subdivision (e) of this
section. A hyphen may be used if, and only if, the use of a hyphen is
called for in the spelling of a word as it appears in a standard reference
dictionary of the English language, which was published in the United
® States at any time within the 10 calendar years immediately preceding
the election for which the words are counted.
3. All California geographical names shall be considered to be one word
and shall be limited to the names of cities, counties and states. The
names of special districts and political subdivisions are not
"geographical names," as that term is used in Elections Code Section
13107, subdivision (a)(3). If the candidate desires, the geographical
name may be used in the form of "City of ... ," "County of ... ," or
"City and County of ..." Examples of geographical names considered
to be one word include Tehama County, Los Angeles County and
County of Sacramento. Examples of designations containing a special
district or political subdivision that are not geographical names include
"Butte County Rural Fire District Captain," "Huntington Beach Unified
School District President," and "South Bay Irrigation District Director."
4. An acronym shall be counted as one word.
7. A candidate who chooses to include the name of his or her elective office with
another profession, vocation, or occupation may do so pursuant to Elections
Code section 13107(a)(3), but that ballot designation shall be limited to no more
than three words. Examples of acceptable designations under this section
include "State Senator /Rancher," "California Assemblywoman /Attorney,"
"County Supervisor/Teacher," and "State Controller /Businessman." Examples
of unacceptable designations under this section include "Assemblyman, 57th
® District/Educator," "California State Senator /Architect," "Placer County
Supervisor /Business Owner," and "Member, Board of Equalization /Banker."
Note: Authority cited: Section 12172.5, Government Code. Reference: Sections 9 and
13107, Elections Code.
HISTORY
1. New section filed 1- 14 -98; operative 1 -14 -98 pursuant to Government Code
section 11343.4(d) (Register 98, No. 3).
2. Amendment of subsections (a)(1), (c) and (f)(2) -(3), new subsection (g) and
amendment of Note filed 12 -21 -2009; operative 12 -21 -2009 pursuant to
Government Code section 11343.4 (Register 2009, No. 52).
20714.5. "Community Volunteer."
"Community Volunteer" means a person who engages in an activity or performs
a service for or on behalf of, without profiting monetarily, one or more of the
following:
1. A charitable, educational, or religious organization as defined by the
United States Internal Revenue Code section 501(c)(3);
2. A governmental agency; or
3. An educational institution.
® 2. The activity or service must constitute substantial involvement of the
candidate's time and effort such that the activity or service is the sole, primary,
® main or leading professional, vocational or occupational endeavor of the
candidate within the meaning of subdivisions (a) and (b) of section 20714 of
this Chapter.
Note: Authority cited: Section 12172.5, Government Code; and Section 13107.5(b),
Elections Code. Reference: Sections 13107 and 13107.5, Elections Code; and Section
501(c)(3), United State Internal Revenue Code.
HISTORY
New section filed 12 -21 -2009; operative 12 -21 -2009 pursuant to Government
Code section 11343.4 (Register 2009, No. 52).
20715. Proposed Ballot Designations Submitted Pursuant to Elections Code s 13107,
Subdivision (a)(4).
1. Pursuant to Elections Code Section 13107, subdivision (a)(4), a candidate may
propose a ballot designation consisting of 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.
The candidate may not use the unmodified word "incumbent' or any words
designating the office unmodified by the word "appointed."
® 2. Pursuant to Elections Code Section 13107, subdivision (a)(4), a candidate may
propose a ballot designation consisting of the word "appointed" in conjunction
with the elective office, if the candidate is a candidate for election to the same
office or to some other office. The candidate may not use any words
designating the office unmodified by the word "appointed."
3. There shall be no word count limitation applicable to ballot designations
submitted pursuant to Elections Code Section 13107, subdivision (a)(4).
Note: Authority cited: Section 12172.5, Government Code. Reference: Section 13107,
Elections Code.
HISTORY
1. New section filed 1- 14 -98; operative 1 -14 -98 pursuant to Government Code
section 11343.4(d) (Register 98, No. 3).
20716. Unacceptable Ballot Designations.
1. The Secretary of State shall reject as unacceptable any proposed ballot
designation which fails to comply with Elections Code Section 13107,
subdivision (a); is prohibited pursuant to Elections Code Section 13107,
subdivision (b); is misleading; or is otherwise improper pursuant to the
toregulations set forth in this Chapter.
® 2. The following types of activities are distinguished from professions, vocations
and occupations and are not acceptable as ballot designations pursuant to
Elections Code Section 13107, subdivision (a)(3):
1. Avocations: An avocation is a casual or occasional activity, diversion or
hobby pursued principally for enjoyment and in addition to the
candidate's principal profession, vocation or occupation. Avocations
may include, but are not limited to, hobbies, social activities, volunteer
work (except as set forth in Section 20714.5 of this Chapter), and
matters pursued as an amateur.
2. Pro Forma Professions, Vocations and Occupations: Pro forma
professions, vocations or occupations are positions held by the
candidate which consume little or none of the candidate's time and
which, by their nature, are voluntary or for which the candidate is not
compensated, except as set forth in Section 20714.5 of this Chapter.
Pro forma professions, vocations and occupations may include, but are
not limited to, such pursuits as honorary peace officer, honorary
chairperson, honorary professor, goodwill ambassador, official host or
hostess and the like.
3. Statuses: A status is a state, condition, social position or legal relation
of the candidate to another person, persons or the community as a
whole. A status is generic in nature and generally fails to identify with
any particular specificity the manner by which the candidate earns his
® or her livelihood or spends the substantial majority of his or her time.
Examples of a status include, but are not limited to, veteran,
proponent, reformer, scholar, founder, philosopher, philanthropist,
activist, patriot, taxpayer, concerned citizen, husband, wife, and the
like.
3. Pursuant to Elections Code Section 13107, subdivision (b)(1), the Secretary of
State shall reject as unacceptable any proposed ballot designation which would
mislead voters. In making this determination, the Secretary of State shall
determine whether there is a substantial likelihood that a reasonably prudent
voter would be misled as to the candidate's principal profession, vocation or
occupation by the candidate's proposed ballot designation. The determination
shall take into account the plain meaning of the words constituting the proposed
ballot designation and the factual accuracy of the proposed ballot designation
based upon supporting documents or other evidence submitted by the
candidate in support of the proposed ballot designation, pursuant to
SectionSection 20711 and 20717 of this Chapter.
4. A ballot designation may not comprise or include commercial identification
information, such as a trademark, service mark, tradename, or the specific
name of a business, partnership, corporation, company, foundation, or
organization. Examples of an improper use of commercial identification
information include, but are not limited to, "Acme Company President,"
"Universal Widget Inventor," "Director, Smith Foundation," "UCLA Professor,"
® and the like.
® 5. Pursuant to Elections Code Section 13107, subdivision (b)(2), the Secretary of
State shall reject as unacceptable any proposed ballot designation which would
suggest an evaluation of the candidate's qualifications, honesty, integrity,
leadership abilities or character. Any laudatory or derogatory adjectives which
would suggest an evaluation of the candidate's qualifications shall not be
permitted. Such impermissible adjectives include, but are not limited to,
"senior," "emeritus," "specialist," "magnate," "outstanding," "leading," "expert,"
"virtuous," "eminent," "best," "exalted," "prominent," "famous," "respected,"
"honored," "honest," "dishonest," "corrupt," "lazy," and the like.
6. Pursuant to Elections Code Section 13107, subdivision (b)(3), the Secretary of
State shall reject as unacceptable any proposed ballot designation which
abbreviates the word "retired" or places it following any word or words which it
modifies. Examples of impermissible designations include "Ret. Army General,"
"Major USAF, Retired" and "City Attorney, Retired."
7. Pursuant to Elections Code Section 13107, subdivision (b)(4), the Secretary of
State shall reject as unacceptable any proposed ballot designation which uses
a word or prefix to indicate a prior profession, vocation, occupation or elected,
appointed or judicial office previously held by the candidate. Such
impermissible words or prefixes include, but are not limited to, "Ex -," "former,"
"past," and "erstwhile." Examples of impermissible designations include
"Former Congressman," "Ex- Senator," and "Former Educator."
8.
1. Subject to the provisions of Elections Code Section 13107, subdivision
(b)(4), use of the word "retired" in a ballot designation is generally
limited for use by individuals who have permanently given up their
chosen principal profession, vocation or occupation.
2. In evaluating a proposed ballot designation including the word "retired,"
the Secretary of State will consider the following factors in making a
determination as to the propriety of the use of the term "retired ":
1. Prior to retiring from his or her principal profession, vocation or
occupation, the candidate worked in such profession, vocation
or occupation for more than 5 years;
2. The candidate is collecting, or eligible to collect, retirement
benefits or other type of vested pension;
3. The candidate has reached at least the age of 55 years;
4. The candidate voluntarily left his or her last professional,
vocational or occupational position; and,
5. The candidate's retirement benefits are providing him or her
with a principal source of income.
3. If a candidate is requesting a ballot designation that he or she is a
retired public official, the candidate must have previously voluntarily
retired from public office, not have been involuntarily removed from
office, not have been recalled by voters, and not have surrendered the
office to seek another office or failed to win reelection to the office. If
® such a candidate did not voluntarily retire from public office, he or she
may not use the word "retired" in his or her ballot designation.
® 4. A candidate may not use the word "retired" in his or her ballot
designation if that candidate possesses another more recent,
intervening principal profession, vocation, or occupation.
9. Pursuant to Elections Code Section 13107, subdivision (b)(5), the Secretary of
State shall reject as unacceptable any proposed ballot designation which uses
the name of any political party, whether or not it has qualified for recognized
ballot status.
10. Pursuant to Elections Code Section 13107, subdivision (b)(6), the Secretary of
State shall reject as unacceptable any proposed ballot designation which uses
a word or words referring to a racial, religious, or ethnic group.
1. The Secretary of State shall reject as unacceptable any ballot
designation which expressly contains or implies any ethnic or racial
slurs or ethnically or racially derogatory language.
2. If the candidate is a member of the clergy, the candidate may not make
reference to his or her specific denomination. However, the candidate
may use his or her clerical title as a ballot designation (e.g., "Rabbi,"
"Pastor," "Minister," "Priest," "Bishop," "Deacon," "Monk," "Nun,"
"Imam," etc.)
11. Pursuant to Elections Code Section 13107, subdivision (b)(7), the Secretary of
State shall reject as unacceptable any proposed ballot designation which refers
to any activity prohibited by law. Unlawful activity includes any activities,
conduct, professions, vocations, or occupations prohibited by state or federal
® law.
Note: Authority cited: Section 12172.5, Government Code. Reference: Section 13107,
Elections Code.
HISTORY
1. New section filed 1- 14 -98; operative 1 -14 -98 pursuant to Government Code
section 11343.4(d) (Register 98, No. 3).
2. Amendment filed 12 -21 -2009; operative 12 -21 -2009 pursuant to Government
Code section 11343.4 (Register 2009, No. 52).
20717. Requests for Supporting Documentation.
In addition to the Ballot Designation Worksheet required to be filed with the Secretary of
State pursuant to Elections Code Section 13107.3 and Section 20711 of this Chapter,
the Secretary of State may request that a candidate submit additional supporting
documentation or other evidence to support the proposed ballot designation.
1. Time is of the essence regarding all matters pertaining to the review of
proposed ballot designations submitted by candidates for public office. Failure
to promptly submit requested supporting materials will preclude consideration
of such materials in and the rendering of a final decision on the candidate's
proposed ballot designation.
® 2. The Secretary of State will communicate, whenever possible, with the
candidate in the most expeditious manner, including, but not limited to,
® telephone, facsimile transmission and electronic mail at the number or address
provided by the candidate. When the candidate does not have reasonable
access to a facsimile machine or electronic mail, the Secretary of State will
transmit written communication to the candidate by means of overnight express
delivery to the address provided by the candidate.
3. The candidate shall have the burden of establishing that the proposed ballot
designation that he or she has submitted is accurate and complies with all
provisions of Elections Code Section 13107 and this Chapter.
Note: Authority cited: Section 12172.5, Government Code. Reference: Sections 13107
and 13107.3, Elections Code.
HISTORY
1. New section filed 1- 14 -98; operative 1 -14 -98 pursuant to Government Code
section 11343.4(d) (Register 98, No. 3).
2. Amendment of section and Note filed 12 -21 -2009; operative 12 -21 -2009
pursuant to Government Code section 11343.4 (Register 2009, No. 52).
20718. Communication of Decisions Regarding Ballot Designations.
1. If a candidate's proposed ballot designation has been rejected, an official copy
of the decision of the Secretary of State will be made in writing and transmitted
directly to the candidate by registered or certified mail, return receipt requested,
to the address provided by the candidate. The Secretary of State shall also
provide a copy to the elections official in the candidate's county of residence
and to the elections official of each county within the political subdivision.
Copies may also be made available to all other candidates in the race.
2. At the request of the candidate, the Secretary of State will transmit a copy of
the decision of the Secretary of State regarding the candidate's proposed ballot
designation by facsimile transmission or e-mail to the facsimile number or e-
mail address listed on the candidate's Ballot Designation Worksheet.
3. All written decision of the Secretary of State regarding ballot designations are
public records and are available for inspection and copying at the public
counter of the Elections Division of the Office of the Secretary of State, 1500
11th Street, Fifth Floor, Sacramento, California 95814.
Note: Authority cited. Section 12172.5, Government Code. Reference: Section 13107,
Elections Code.
HISTORY
1. New section filed 1- 14 -98; operative 1 -14 -98 pursuant to Government Code
section 11343.4(d) (Register 98, No. 3).
2. Amendment filed 12 -21 -2009; operative 12 -21 -2009 pursuant to Government
Code section 11343.4 (Register 2009, No. 52).
® 20719. Service of Legal Process Regarding Ballot Designations.
1. In the event a candidate or other interested party files a petition for the
issuance of an extraordinary writ with the court or other legal action pertaining
to a candidate's ballot designation, the summons and any other legal process
should be served upon the Chief Counsel to the Secretary of State, 1500 11th
Street, Sixth Floor, Sacramento, California 95814. The Chief Counsel may
designate a Deputy Secretary of State to accept service of process on behalf of
the Secretary of State.
2. Telephone notice pertaining to any ex parte applications filed with the court by
any candidate or other interested party should be directed to the attention of the
Chief Counsel to the Secretary of State at (916) 653 -7244. Counsel for all
parties to such ex parte matters are admonished that waivers of the Secretary
of State's right to timely notice and the right to personally appear at the ex parte
hearing will be granted; in writing and only in limited instances.
3. The Secretary of State shall provide a copy of any legal actions in subdivision
(a) or (b) above to the elections official in the county of the candidate's
residence and any other county in the district.
4. The Secretary of State shall be named as a respondent in any legal action
pertaining to a ballot designation for a candidate described in Elections Code
Section 15375, except for a candidate for judge of the superior court.
Note: Authority cited: Section 12172.5, Government Code. Reference: Sections 13107
and 13314, Elections Code.
HISTORY
1. New section filed 1- 14 -98; operative 1 -14 -98 pursuant to Government Code
section 11343.4(d) (Register 98, No. 3).
2. Amendment of subsection (a), new subsection (d), and amendment of Note
filed 12 -21 -2009; operative 12 -21 -2009 pursuant to Government Code section
11343.4 (Register 2009, No. 52).
10
EXAMPLES OF BALLOT DESIGNATIONS
ACCEPTABLE:
❑ Governing Board Member, Irvine Unified School District
❑ Real Estate Broker
❑ Health Care Manager
❑ Appointed Incumbent
❑ Community Volunteer
o Scientist/Father/Businessman
❑ CPA/Parent
❑ Retired USAF Officer
❑ City Councilmember, City of Rancho Santa Margarita
❑ City of Huntington Beach Councilmember /Attorney
UNACCEPTABLE:
❑ Incumbent Mayor /Engineer
❑ Prominent Businesswoman/Wife
❑ Businessman, Father
❑ Nonprofit Organization Founder
❑ Republican Legislative Assistant
❑ Community Volunteer /Parent
❑ Tax Activist
❑ Former Council Member
❑ Veteran
® ❑ Army General, Ret.
REASON:
"Incumbent" must be used as noun and alone
Status
Slash marks must be used for punctuation
Must be within past 12 months
No party affiliation can be mentioned
"Community Volunteer" must stand alone
Suggests an evaluation of candidate's
qualifications and is a status
Can't use "former" or "ex"
Status
"Retired" must appear before other words and
not be abbreviated
swv le.
Ballot Designation Worksheet
Pursuant to California Elections Code section 13107.3 and California Code of Regulations section 20711, this entire
® form must be completed, or it will not be accepted and you will not be entitled to a ballot designation. DO NOT
LEAVE ANY RESPONSE SPACES BLANK. If information requested is not applicable, please write N/A in the
space provided. Otherwise the information MUST be provided. Upon filing, this worksheet will be a public record.
72 Mailing Address:
'o
c
m
U Phone Number(s) Business:
LGender (optional, for translation use only):
I
c
0
T
Home /Mobile:
Attorney Name (or other person authorized to act in your behalf):
Address:
Home Address:
Business Address:
Mailing Address:
LPhone Number(s) Business:
Proposed Ballot Designation:
1" Alternative:
2 "d Alternative:
You may select as your ballot designation:
Home/Mobile:
E -Mail:
E -Mail:
Fax:
Fax:
(a) Your current principal profession(s), vocation(s), or occupation(s) [maximum total of three words, separated
by a "P,]
(b) The full title of the public office you currently occupy and to which you were elected
(c) "Appointed [full title of public office]" if you currently serve by appointment in an elective public office and
are seeking election to a different office
(d) "Incumbent' if you were elected (or, if you are a Superior Court Judge, appointed) to your current public
office and seek election to a new term
(e) "Appointed Incumbent' if you were appointed to your current elective public office (other than Superior Court
Judge) and seek election to a new term
In the space provided on the next page or on an attachment sheet, describe why you believe you are entitled to use the
proposed ballot designation. Attach any documents or exhibits that you believe support your proposed ballot
® designation. If using the title of an elective office, attach a copy of your certificate of election or appointment. These
documents will not be returned to you. Do not submit originals.
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Candidate Name:
Office:
0
ro
Home Address: _
0
c
Business Address
72 Mailing Address:
'o
c
m
U Phone Number(s) Business:
LGender (optional, for translation use only):
I
c
0
T
Home /Mobile:
Attorney Name (or other person authorized to act in your behalf):
Address:
Home Address:
Business Address:
Mailing Address:
LPhone Number(s) Business:
Proposed Ballot Designation:
1" Alternative:
2 "d Alternative:
You may select as your ballot designation:
Home/Mobile:
E -Mail:
E -Mail:
Fax:
Fax:
(a) Your current principal profession(s), vocation(s), or occupation(s) [maximum total of three words, separated
by a "P,]
(b) The full title of the public office you currently occupy and to which you were elected
(c) "Appointed [full title of public office]" if you currently serve by appointment in an elective public office and
are seeking election to a different office
(d) "Incumbent' if you were elected (or, if you are a Superior Court Judge, appointed) to your current public
office and seek election to a new term
(e) "Appointed Incumbent' if you were appointed to your current elective public office (other than Superior Court
Judge) and seek election to a new term
In the space provided on the next page or on an attachment sheet, describe why you believe you are entitled to use the
proposed ballot designation. Attach any documents or exhibits that you believe support your proposed ballot
® designation. If using the title of an elective office, attach a copy of your certificate of election or appointment. These
documents will not be returned to you. Do not submit originals.
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If your proposed ballot designation includes the word "volunteer," indicate the title of your volunteer position and the
name of the entity for which you volunteer along with a brief description of the type of volunteer work you do and the
approximate amount of time involved. You may only use the ballot designation "community volunteer" if you
® volunteer for a 501(c)(3) charitable, educational, or religious organization, a governmental agency or an educational
institution. You may not use "community volunteer" together with another designation.
0
Remember, it is your responsibility to justify your proposed ballot designation and to provide all requested
details. For your reference, attached are Elections Code sections 13107 and 13107.3, and 2 California Code of
Regulations (CCR) section 20711. You may also wish to consult Elections Code section 13107.5 ( "community
volunteer ") and 2 CCR sections 20712 - 20719 (found at www.sos.ca.gov .
Justification for use of proposed ballot designation:
Current or Most Recent Job Title:
Employer Name or Business:
Start/End Dates:
Person(s) who can verify this information:
Phone Number:
E -Mail:
Phone Number:
E -Mail:
Before signing below, answer the following questions.
Does your proposed ballot designation:
• Use only a portion of the title of your current elected office?
Yes[]
No[]
• Use only the word "Incumbent" for an elective office (other than Superior Court Judge)
to which you were appointed?
YesO
NoO
• Use more than three total words for your principal professions, vocations or occupations?
YesO
NoO
• Suggest an evaluation of you, such as outstanding, leading, expert, virtuous, or eminent?
YesO
NoO
• Refer to a status (Veteran, Activist, Founder, Scholar), rather than a profession, vocation
or occupation?
Yes[]
No[]
• Abbreviate the word "retired "?
Yes[]
No[]
• Place the word "retired" after the words it modifies? Example: Accountant, retired
YesO
NoO
• Use any word or prefix (except "retired ") such as "former" or "ex -" to refer to a former
profession, vocation or occupation?
YesO
NoO
• Use the word "retired" along with a current profession, vocation, or occupation?
Example: Retired Firefighter /Teacher
YesO
NoO
• Use the name of a political party or political body?
YesO
NoO
• Refer to a racial, religious, or ethnic group?
Yes[]
NoO
• Refer to any activity prohibited by law?
YesO
NoO
® If the answer to any of these questions is "Yes," your proposed ballot designation is likely to be rejected.
Candidate's Signature Date
Rev 11/12/15 2
For your reference, the relevant provisions of Elections Code section 13107 are reproduced below:
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, unless the designation made by the candidate
pursuant to Section 8002.5 must be listed immediately below the name of the candidate pursuant to Section 13105, and
in that case immediately under the designation, 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
courtjudge, 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 ajudicial 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.
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For your reference, Elections Code section 13107.3 is reproduced below:
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.
For your reference, Elections Code section 13107.5 is reproduced below:
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.
For your reference, 2 CCR 20711 is reproduced below:
20711. Ballot Designation Worksheet.
(a) In order to facilitate review of a candidate's proposed ballot designation by the Secretary of State pursuant to
Elections Code Section 13107, the candidate shall submit, at the time of filing his or her proposed ballot designation on
the Declaration of Candidacy, a completed Ballot Designation Worksheet on a form provided by the Secretary of State.
(b) All Ballot Designation Worksheets filed with the Office of the Secretary of State or the county elections
officials pursuant to this section shall be public records and shall be available for inspection and copying at the public
counter of the Elections Division of the Office of the Secretary of State, Fifth Floor, 1500 11th Street, Sacramento,
California 95814, or at the office of the applicable county elections official.
(c) The Secretary of State shall provide a master copy or copies of the Ballot Designation Worksheet to all
elections officials responsible for providing and accepting the nomination documents for candidates in elections for
offices certified by the Secretary of State. The Ballot Designation Worksheet shall request that the candidate proposing
the ballot designation provide the following information:
(1) The candidate's name, home, business and mailing addresses, telephone numbers, e -mail address, if
available, and fax number;
(2) A designation of the office for which the candidate is seeking election;
(3) The name, home, business and mailing addresses, telephone numbers, e -mail address, if available, and
fax number of the attorney representing the candidate or for any other person to be contacted in the event the Secretary
of State requires further information regarding the proposed ballot designation;
(4) The proposed ballot designation submitted by the candidate;
(5) The candidate may submit one or more proposed alternate ballot designations ranked in order of the
candidate's preference;
(6) A brief statement identifying the factual basis upon which the candidate claims the proposed ballot
designation and each proposed alternate ballot designation, including the following:
0 (A) If the candidate holds elected office and is submitting his or her proposed ballot designation
pursuant to Elections Code section 13107, subdivisions (a)(1) or (a)(2), the candidate shall indicate the elective office
he or she currently occupies and may attach a copy of his or her Certificate of Election;
(B) If the candidate is a judicial officer and is submitting his or her proposed ballot designation
pursuant to Elections Code section 13107, subdivisions (a)(1) or (a)(2), the candidate shall indicate the elective office
Rev 11/12/15
he or she currently holds and may attach either (A) a copy of his or her Certificate of Election or (B) a copy of his or
her commission or certificate of appointment, issued at the time the candidate was appointed to the judicial office
which he or she currently occupies;
® (C) If the candidate submits a ballot designation pursuant to Elections Code section 13107,
subdivision (a)(3), the candidate shall indicate:
(i) The title of the position or positions which he or she claims supports the proposed
40
0
ballot designation;
(ii) The dates during which the candidate held such position;
(iii) A description of the work he or she performs in the position;
(iv) The name of the candidate's business or employer;
(v) The name and telephone number of a person or persons who could verify such
information, and
(vi) A statement that the professions, vocations or occupations relied upon to support the
proposed ballot designation constitute the primary, main or leading professions, vocations or occupations of the
candidate, in accordance with the definition of the term "principal" as set forth at Section 20714, subdivision (b).
(D) If the candidate submits a ballot designation pursuant to Elections Code section 13107,
subdivision (a)(4), the candidate shall indicate the date on which he or she was appointed to the office for which he or
she is an appointed incumbent.
(d) The candidate may attach or append any supporting documents or other exhibits to his or her Ballot
Designation Worksheet which he or she believes support his or her proposed ballot designation. Such attached
documents or other exhibits shall be deemed to be incorporated by reference as part of the candidate's Ballot
Designation Worksheet and shall be considered as such by the Secretary of State.
(e) If a candidate requests a change of his or her ballot designation pursuant to Elections Code section 13107(e),
that request shall be accompanied by a Ballot Designation Worksheet.
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