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HomeMy WebLinkAboutC - Nomination Papersflf Nomination Papers Guidelines Ballot Designation Examples of Ballot Designations Sample Ballot Designation Worksheet 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: k Be a registered voter in the City of Seal Beach, resident of the respective district the time the nomination paper is issued; and fb 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. Ri 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 16, 2018, and August 10, 2018 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. Ib There are three seats for Member of the City Council - Councilmanic District One (Old Town & Surfside Colony), District Three (Hill, Coves, Bridgeport & Heron Pointe), and District Five (Leisure World). 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 same 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. Ib If the registered voter is unable to personally affix this information, EC 5100.5 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 2of3 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: R 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. 3of3 Ballot Designations 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 Pursuant to Elections Code Section 13107, Subdivision (a)(1). 20713 Proposed Ballot Designations Submitted Pursuant to Elections Code Section 13107, Subdivision (a)(2). 20714 Proposed Ballot Designations Submitted Pursuant to Elections Code Section 13107, Subdivision (a)(3). o 20714.5 "Community Volunteer." 20715 Proposed Ballot Designations Submitted Pursuant to Elections Code Section 13107, Subdivision (a)(4). 20716 Unacceptable Ballot Designations. 20717 Requests for Supporting Documentation. 20718 Communication of Decisions Regarding Ballot Designations. 20719 Service of Legal Process Regarding Ballot Designations. 20710. General Provisions. 1. 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 1. 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 11 th 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 verity 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 Cade 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 parry, are improper, as such positions do not constitute elective county or state offices as specified in Elections Code Section 13107, subdivision (a)(1). 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 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 tens "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 licensure 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 tens 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 ("/"). 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. 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/Attomey," "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. 1. "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(6), Elections Code. Reference: Sections 13107 and 13107 5, Elections Code; and Section 501(c)(3), United State Internal Revenue Code. HISTORY 1. 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 regulations 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 fora 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 fora 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 eams 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). EXAMPLES OF BALLOT DESIGNATIONS ACCEPTABLE: ❑ Governing Board Member, Irvine Unified School District ❑ Real Estate Broker ❑ Health Care Manager ❑ Appointed Incumbent ❑ Community Volunteer ❑ 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 o 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 r Sarn�\Ve. 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 Candidate Name: Office: Home Address: _ Business Address: Mailing Address: E -Mail: Phone Number(s) Business: Home/Mobile: Fax: L Gender (optional, for translation use only): F Attorney Name (or other person authorized to act in your behalf): o Address: L1uf"tlll L Phone Number(s) Business: Home/Mobile: Fax: Proposed Ballot Designation: In. Alternative: 2"d Alternative: You may select as your ballot designation: (a) Yom 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 [fall title of public office]" if you currently serve by appointment in an elective public office and are seeking election to the same office or to some other office (d) "Incumbent" if you were elected (or, if you are a Superior Court Judge, you are a candidate for the same office that you hold) to Yom current public office and seek election to the same office (e) "Appointed hmumbent" if you were appointed to your current elective public office and seek election to the same office 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 you proposed ballot designation. If wing the tide 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. Rev 11/7/17 Home Address: O Business Address: E Mailing Address: L1uf"tlll L Phone Number(s) Business: Home/Mobile: Fax: Proposed Ballot Designation: In. Alternative: 2"d Alternative: You may select as your ballot designation: (a) Yom 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 [fall title of public office]" if you currently serve by appointment in an elective public office and are seeking election to the same office or to some other office (d) "Incumbent" if you were elected (or, if you are a Superior Court Judge, you are a candidate for the same office that you hold) to Yom current public office and seek election to the same office (e) "Appointed hmumbent" if you were appointed to your current elective public office and seek election to the same office 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 you proposed ballot designation. If wing the tide 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. Rev 11/7/17 If your proposed ballot designation includes the word'Yolumocr," 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 we "community volunteer" together with another designation. 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.eov). Justification for use of proposed ballot designation: Current or Most Recent Job Title: Employer Name or Business: Person(s) who can verify this information: Phone Number: E -Mail: Phone Number: E -Mail: Before signing below, answer the following questions. Does you proposed ballot designation: 1) Use only a portion of the title of your current elected office? 2) Use only the word "Incumbent" for an elective office (other than Superior Court Judge) to which you were elected? 3) Use more than three total words for you principal professions, vocations or occupations? 4) Suggest an evaluation of you, such as outstanding, leading, expert, virtuous, or eminent? 5) Refer to a status (Veteran, Activist, Founder, Scholar), rather than a profession, vocation or occupation? 6) Abbreviate the word "retired"? 7) Place the word "retired" after the words it modifies? Example: Accountant, retired 8) Use any word or prefix (except "retired') such as "former" or "ex-" to refer to a former profession, vocation or occupation? 9) Use the word `Mired" along with a current profession, vocation, or occupation? Example: Retired Firefighter/Teacher 10) Use the name of a political party or political body? 11) Refer to a mcial, religious, or ethnic group? 12) Refer to any activity prohibit by law? YesO No0 YesD No0 YesO No0 YesO No0 YesO No0 YwD No0 YesD No0 YesO No0 YesO No0 YesO No0 YesO No0 YesO NoO If the answer to any of these questions is "Yes," your proposed ballot designation is likely to be rejected. Candidate's Rev 1ffA17 Date For your reference, the relevant provisions of Elections Code section 13107 are reproduced below 13107. (a) With the excepfion of candidates for Justice of the State Supreme Court or court of appeal, immediately under the time of each candidate, and not separated from the time by any line, unless the designation made by the candidate pursuant in Section 8002.5 must be listed immediately below the name of the candidate pursuam 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. (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. (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. (4) The phrase "appointed incumbent" if the candidate holds an 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, m 10515 of this code. (b) (1) Except as specified in paragraph (2), for candidates for judicial office, immediately under the name of each candidate, and not separated from the name by my line, only one of the following designations may appear at the option of the candidate: (A) Words designating the city, county, district, state, or federal office held by the candidate at the time of filing the nomination documents. (B) The word "incumbent" if the candidate is a candidate for the same office that he or she holds at the time of filing the nomination papers. (C) 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. (2) For a candidate forjudicial office who is an active member of the State Bar employed by a city, county, district, state, or by the United States, the designation shall appear as one of the following: (A) Words designating the actual job title, as defined by statute, charter, or other governing instrument. (B) One of the following ballot designations: "Attorney," "Attorney at Law," "Lawyer," or "Comtselor at Law." The designations "Attorney" and "Lawyer" may be used in combination with one other current principal profession, vocation, or occupation of the candidate, or the principal profession, vocation, or occupation of the candidate during the calendar year immediately preceding the filing of nomination documents. (3) A designation made pursuant to subparagraph (A) of paragraph (1) or paragraph (2) shall also contain relevant qualifiers, as follows: (A) If the candidate is an official or employee of a city, the name of the city shall appear preceded by the words "City of" (B) If the candidate is an official or employee of a county, the name of the county shall appear preceded by the words "County of.,. Rev 11/7/17 3 (C) If the candidate is an official or employee of a city and county, the name of the city and county shall appear Preceded by the words "City and County." (D) If the candidate performs quasi-judicial functions for a governmental agency, the full name of the agency shall be included. (c) A candidate for superior court judge who is an active member of the State Bar and practices law as one of his or her principal professions shall use one of the following ballot designations as his or her ballot designation: "Attorney," "Attorney at Law," •• Lawyer," or "Counselor at Law." The designations "Attorney" and "Lawyer' may be used in combination with one other current principal profession, vocation, or occupation of the candidate, or the principal profession, vocation, or occupation of the candidate during the calendar year immediately preceding the filing of nomination documents. (d) 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 arc counted, shall be considered as one word Each part of all other hyphenated words shall be counted as a separate word. (e) The Secretary of State and any other elections official shall not 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 many activity prohibited by law. (f) 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 fust 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) or (b). (2) If a candidate fails to provide a designation that complies with subdivision (a) or (b) within the three-day period specified in paragraph (1), a designation shall not appear after the candidate's name. (g)A designation given by a candidate shall not be changed by the candidate after the final date for filing nomination documents, except ae specifically requested by the elections official as specified in subdivision (f) or as provided in subdivision (h). 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 m applied to nomination documents pursuant to Section 17100. (h)The designation shall remain the same for all purposes of both primary and general elections, unless the candidate, at least 98 days before the general election, requests in writing a different designation which the candidate is entitled muse at the time of the request. Rev 1117/17 a For your reference, Elections Code section 13107.3 is reproduced below 131073 (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 fled 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 Dame on the ballot. For yew reference, Elections Code section 13107.5 is reproduced below: 131075. (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: (I) A candidate's community volunteer activities constitute his or her principal profession, vocation, or occupation. (2) A candidate is not engaged concurtently 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 yew 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 § 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 in 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, Rev 11/7/17 5 (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 In 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: (A) if the candidate holds elected office and is submitting his or her proposed ballot designation pursuant to Elections Code § 13107, subdivisions (axl) or (a)(2), the candidate shall indicate the elective office he or she c incntiy 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 § 13107, subdivisions (a)(1) or (a)(2), the candidate shall indicate the elective office he or she cunentiy holds and may attach either (A) a copy of his or her Certificate of Election or (B) a copy of his in 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 § 13107, subdivision (a)(3), the candidate shall indicate: (i) The title of the position or positions which he or she claims supports the proposed ballot designation; (u) 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 more 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 § 20714, subdivision (b). (D) If the candidate submits a ballot designation pursuant to Elections Code § 13107, subdivision (a)(4), the candidate shall indicate the date on which he or she was appointed in the office for which he or she is an appointed incumbent. (d) The candidate may attach or append my 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 § 13107(e), that request shall be accompanied by a Ballot Designation Worksheet Rev 11/7/17 6