Peace and Freedom Election Code Sections

 

Division 5 Part 1 Chapter 4

 

6700.  This chapter shall be applicable to the presidential primary ballot of the Peace and Freedom Party only.

 

6701.  The Peace and Freedom Party presidential primary ballot shall be divided into a presidential preference portion and a national convention delegate selection portion.

 

6702.  No filing fee is required from any person to be voted for at any Peace and Freedom Party presidential primary.

 

6720.  The Secretary of State shall place the name of a candidate upon the Peace and Freedom Party presidential preference ballot when the Secretary of State has determined that the candidate is generally advocated for or recognized throughout the United States or California as actively seeking the presidential nomination of the Peace and Freedom Party or the national party with which the Peace and Freedom Party is affiliated.

 

6721.  On or before the 150th day preceding a presidential primary election, the Secretary of State shall send a letter by first-class mail to the Chairpersons of record of the Peace and Freedom Party State and County Central Committees, informing them that, while a response is not required, any information they wish to submit will be considered by the Secretary of State in the determination of candidates to be placed on the Peace and Freedom Party presidential preference primary ballot pursuant to Section 6720.

 

6722.  On or before the 120th day preceding a presidential primary election, the Secretary of State shall publicly announce and distribute to the news media for publication a list of the candidates she or he intends to place on the ballot at the following presidential primary election.  Following this announcement, the Secretary of State may add to her or his selection, but she or he may not delete any candidate whose name appears on the announced list. The Secretary of State shall mail a copy of the list and any subsequent additions thereto to the Chairpersons of the Peace and Freedom Party State and County Central Committees.

 

6723.  When the Secretary of State decides to place the name of a candidate on the ballot pursuant to Sections 6720 and 6722, the Secretary of State shall notify the candidate that her or his name will appear on the Peace and Freedom Party presidential preference primary ballot of this state, but that a committee must be formed, delegates certified, and a petition filed pursuant to this chapter in order to have her or his name appear on the delegate selection portion of the presidential primary ballot.  The Secretary of State shall also notify the candidate that she or he may withdraw her or his name from the ballot by filing with the Secretary of State an affidavit pursuant to Section 6724, no later than the 64th day before that election.

 

6724.  If a selected candidate or an unselected candidate files with the Secretary of State, no later than the 64th day before the presidential primary, an affidavit stating without qualification that she or he is not a candidate for the office of President of the United States at the forthcoming presidential primary election, the name of that candidate shall be omitted from the list of names certified by the Secretary of State to the elections official for the ballot and the name of that candidate shall not appear on the presidential preference portion of the primary ballot.

 

6725.  Any unselected candidate desiring to have her or his name placed on the presidential preference primary ballot without filing a group of candidates for delegates, shall have nomination papers circulated on her or his behalf.  In order to qualify the name of that candidate for placement on the presidential preference primary ballot, the nomination papers of the candidate shall be signed by voters registered as affiliated with the Peace and Freedom Party equal in number to not less than 1 percent of the number of persons registered as members of the Peace and Freedom Party as reflected in the report of registration issued by the Secretary of State on the 135th day preceding the presidential primary election.

 

6726.  Whenever a group of candidates for delegates pledged to a particular presidential candidate qualifies by petition for the national convention delegate selection portion of the presidential primary ballot, the name of the presidential candidate to whom the group is pledged shall automatically be placed on the presidential preference portion of the ballot, without the filing of a separate petition for the presidential preference portion of the ballot.

 

6740.  The Chairperson of the Peace and Freedom Party State Central Committee shall notify the Secretary of State on or before the 120th day preceding the presidential primary as to both of the following:  (a) The name of that national party with which the Peace and Freedom Party has affiliated, by vote of its state central committee, and the address and telephone number of the principal office of that national party.  (b) The number of delegates to represent the Peace and Freedom Party of California at the next national convention of that national party.

 

6741.  The notification of national affiliation and number of national convention delegates shall be in substantially the following form: 

 

STATEMENT OF NATIONAL AFFILIATION AND NUMBER OF NATIONAL CONVENTION DELEGATES FOR THE PEACE AND FREEDOM PARTY OF CALIFORNIA To the Secretary of State Sacramento, California You are hereby notified that the Peace and Freedom Party of California, by vote of its state central committee, has affiliated on the national level with the ________ Party. The address of the ________ Party's principal office is ________, and its telephone number is ________. You are further notified that the number of delegates to represent the Peace and Freedom Party of California in the next national convention of the ____ Party is ____. Dated this ________ day of ________, 19__. ________________________________ Chairperson of the State Central Committee of the Peace and Freedom Party of California

 

6742.  If the Chairperson of the Peace and Freedom Party State Central Committee fails to file the notice required by Section 6741 by the 120th day preceding the presidential primary, the Secretary of State shall ascertain the national affiliation of the party and the number of delegates from the chairperson or any other officer of record of the party state central committee or from the national party with which the Peace and Freedom Party was affiliated as indicated by the most recent statement of the affiliation on file by the chairperson of the party state central committee.

 

6743.  On or before the 110th day before the presidential primary, the Secretary of State shall certify all of the following to the elections official of each county:  (a) The name of that national party with which the Peace and Freedom Party is presently affiliated and the address and telephone number of the principal office of that national party.  (b) The number of delegates to represent the Peace and Freedom Party of California in the next national convention of that national party.  (c) The number of delegate candidates to be selected from each territory pursuant to Sections 6744 and 6745 by each committee proposing a group of national convention delegates.

 

6744.  For the purposes of this chapter, the boundary between the northern and southern territories of the state shall be that latitudinal line coinciding with the northern boundaries of San Luis Obispo, Kern, and San Bernardino Counties. 6745.  The number of delegate candidates to be selected from each territory by each group shall be, to the nearest whole number, proportional to that portion of the state's registered Peace and Freedom Party voters residing in each territory as reflected in statements of voters and political affiliation transmitted to the Secretary of State on the 135th day before the presidential primary election. 6760.  Any five or more voters of the state who are registered as affiliated with the Peace and Freedom Party may join as a committee in proposing the nomination of a group of candidates for delegates. The committee may elect its officers, select the candidates for delegates, select the chairperson of the committee, appoint circulators, secure the endorsement of the person, if any, preferred by the committee as candidate for presidential nominee, appoint alternates, assemble and file all necessary papers, and take all other action that may be necessary for the organization and election of the group.  The committee in performing its functions may act through its officers or designated representatives.

 

6761.  The committee, on or before the 104th day before the presidential primary election, shall file with the Secretary of State a statement containing the name of the committee and the names, residence addresses and telephone numbers of at least five of its members, and its officers.

 

6762.  The number of candidates for delegate grouped on a nomination paper shall be equal to the total number of delegates to be elected by the Peace and Freedom Party.

 

6763.  The names of the grouped candidates shall be so selected that the portion of the candidates for national convention delegates residing in the northern and southern territories shall be proportional, to the nearest whole number, to the portion of the state's Peace and Freedom Party registered voters residing in each territory as computed and certified by the Secretary of State pursuant to Section 6743.  If the names are not so selected, the names shall not be certified by the Secretary of State.

 

6764.  The number of alternates to be selected shall be no greater than one for each delegate, and the alternates shall be selected in the manner prescribed by Section 6763.

 

6765.  Each group of candidates for delegate that intends to pledge itself to the candidacy of a particular candidate for presidential nominee shall have the endorsement of the candidate for presidential nominee for whom the members of the group have filed a preference. The endorsement of the candidate for presidential nominee shall be filed with the Secretary of State before the circulation of any nomination papers of a group of candidates pledged to the support of her or his candidacy as presidential nominee.

 

6766.  Any candidate for delegate whose nomination paper is filed in more than one group is disqualified from running as a member of any group.

 

6767.  Each candidate for Peace and Freedom Party delegate to the national convention shall file with the Secretary of State, before the circulation of nomination papers of the group of candidates of which she or he is a member, a declaration which shall state all of the following:  (a) Her or his residence, with street and number, if any.  (b) That she or he is a voter registered as affiliated with the Peace and Freedom Party at her or his residence address.  (c) That she or he is a candidate for office of delegate.  (d) That she or he will not withdraw as a candidate before the presidential primary.  (e) That she or he will qualify as a delegate if elected.  (f) In the case of a candidate for delegate on a slate of delegates pledging itself to the candidacy of a particular candidate for presidential nominee, the following statement:  "I personally prefer ____ as the nominee of the Peace and Freedom Party for President of the United States, and hereby declare to the voters of the Peace and Freedom Party in the State of California that if elected as delegate to the national convention, I shall to the best of my judgment and ability, support ____ as the nominee of the Peace and Freedom Party for President of the United States."  (g) In the case of a candidate for delegate on a slate of delegates not expressing a preference for a particular presidential candidate the following statement:  "I express no preference for a particular presidential candidate.  The chairperson of my group is ____."  The name of a candidate for presidential nominee shall not be placed on the ballot unless this declaration has been properly filed by each candidate for delegate of the group supporting the candidate.

 

6768.  The declaration of a candidate for delegate shall be in substantially the following form:  DECLARATION OF CANDIDATE FOR DELEGATE State of California ) County of _________ )  ss.

 

 I,____, reside and am a are a registered voter at  ,(street address) in the ________(city or town) of _____________ , in the County of _____, State of California.  I desire to be a candidate, at the presidential primary to be held on the ____ day of June 19_, for delegate to the next national convention of the ____ Party with which the Peace and Freedom Party of California is affiliated on the national level and I will qualify as a delegate if elected.  I personally prefer ____ as the nominee of the Peace and Freedom Party for President of the United States, and hereby declare to the voters of the Peace and Freedom Party in the State of California that if elected as delegate to the national party convention, I shall to the best of my judgment and ability, support ____ as the nominee of the Peace and Freedom Party for President of the United States. (This statement of preference shall be omitted where the candidate for delegate is part of a group not expressing a preference for a particular presidential candidate.)  I declare under penalty of perjury that the foregoing is true and correct.  Executed at ______, California, this ____ day of ____, 19_. __________________(Signed) 6769.  Nomination papers for candidates for delegates shall be signed by voters registered as affiliated with the Peace and Freedom Party equal in number to not less than 1 percent of the number of persons registered as members of the Peace and Freedom Party, as reflected in the reports of registration transmitted to the Secretary of State on the 135th day before the presidential primary.

 

6780.  This article applies to the nomination of a candidate for the presidential preference portion of the primary ballot, to the nomination of a slate of delegates pledged to the candidacy of a particular candidate, and to the nomination of a slate of delegates not expressing a preference for a particular candidate.

 

6781.  Nomination papers properly prepared, circulated, signed and verified shall be left for examination with the elections official of the county in which they are circulated, at least 74 days prior to the presidential primary.

 

6782.  Each signer of a nomination paper for the presidential primary ballot may sign only one paper.  The signer shall add her or his printed name and place of residence indicating city and giving the street and number, if any.

 

6783.  Any nomination paper may be presented in sections.  Each section shall contain the name of the presidential preference candidate, or the names of the candidates for delegates comprising the group, and, if applicable, that they have expressed a preference for a named person as candidate for presidential nominee of the party.  Each section shall bear the name of the county in which it is circulated.  Only voters of the county registered as affiliated with the Peace and Freedom Party are competent to sign.

 

6784.  Each section shall be prepared with the lines, for signatures numbered, and shall have attached the declaration of the circulator who obtained signatures to it, stating, under penalty of perjury, that she or he is a voter registered as affiliated with the Peace and Freedom Party, that all the signatures to the attached section were made in her or his presence, and that to the best of her or his knowledge and belief each signature to the section is the genuine signature of the person whose name it purports to be.  No other declaration is required to be made.

 

6785.  A verified nomination paper is prima facie evidence that the signatures are genuine and that the persons signing it are voters registered as affiliated with the Peace and Freedom Party until it is otherwise proven by comparison of the signatures with the affidavits of registration in the office of the elections official.

 

6786.  The nomination paper for a candidate for the presidential preference portion of the ballot shall be in substantially the following form: SECTION OF NOMINATION PAPER SIGNED BY VOTER ON BEHALF  OF PRESIDENTIAL PREFERENCE PRIMARY CANDIDATE Section ____ Page ____  County of ____. Nomination paper of a presidential preference candidate for the  Peace and Freedom Party presidential primary ballot.  State of California  )  County of _________  )  ss.  SIGNER'S STATEMENT I, the undersigned, am a voter of the County of ____, State of California,  and am registered as affiliated with the Peace and Freedom Party.

 

I hereby  nominate ______ for the presidential preference portion of the Peace and  Freedom Party's presidential primary ballot, to be voted for at the  presidential  primary to be held on the ____ day of June, 19_. I have not  signed the nomination paper of any other candidate for the same office, or for  any group of delegates to the national convention of the ____ Party, with  which the Peace and Freedom Party of California is affiliated on the  national level. _________________________________________________________________

 

  -----------------------------------------------------------------  Residence  Printed  street address Number  Signature  name  /city -----------------------------------------------------------------  1. ____________________________________________________________  2. ____________________________________________________________  3. ____________________________________________________________ etc. ____________________________________________________________ _________________________________________________________________  CIRCULATOR'S DECLARATION  I, ______, affirm that I am a voter registered as affiliated with the Peace and Freedom Party in ____ County, that I have been appointed

 

as a circulator to secure signatures in the County of ____ to the nomination paper of a candidate in the presidential preference primary of the Peace and Freedom Party, that all the signatures on this section of the nomination paper numbered from 1 to ____, inclusive, were made in my presence, that the signatures were obtained between ____, 19_, and ____, 19_, and that to the best of my knowledge and belief each signature is the genuine signature of the person whose name it purports to be. I declare under penalty of perjury that the foregoing is true and correct. Executed at ____, California, this ____ day of ____, 19_.  (Signed) __________________________ Circulator  (Printed name) ____________________

 

6787.  The nomination paper for a group of candidates for delegates to the national convention shall be in substantially the following form:  SECTION OF NOMINATION PAPER SIGNED BY VOTER ON BEHALF OF GROUP  OF CANDIDATES FOR DELEGATES TO NATIONAL CONVENTION Section ____ Page _____ County of ____. Nomination paper of group of candidates for election as delegates  by the Peace and Freedom Party pledged to the candidacy of ____ as  presidential nominee, or expressing no preference, as the case may  be.  State of California  )  County of _________  )  ss. SIGNER'S STATEMENT

  I, the undersigned, am a voter of the County of ____, State of  California, and am registered as affiliated with the Peace and  Freedom Party.  I hereby nominate the following: __________________________________________________________________

 

------------------------------------------------------------------  Residence city or  Number Names  town County

------------------------------------------------------------------  1. __________________________________________________________  2. __________________________________________________________  3. __________________________________________________________ etc. __________________________________________________________

 

__________________________________________________________________

 

 (to the number as may be required) as candidates for delegate to

 

 the national convention of the ____ Party, with which the  Peace and Freedom Party of California is affiliated on the national  level, to be voted for at the presidential primary to be held on the  ____ day of  March, 20__.  I have not signed the  nomination paper of any other group of candidates for delegates to  the national convention or of any candidate for the presidential

 

 preference portion of the primary ballot. ___________________________________________________________________

 

-------------------------------------------------------------------  Residence  Printed street address

 

  Number Signature name  /city

 

-------------------------------------------------------------------  1. ____________________________________________________________  2. ____________________________________________________________  3. ____________________________________________________________ etc. ____________________________________________________________

 

___________________________________________________________________

 

  CIRCULATOR'S DECLARATION I, ______, affirm that I am a voter registered as affiliated with the Peace and Freedom Party in ____ County, that I have been appointed as a circulator to secure signatures in the County of ____ to the nomination paper of the group of candidates

 

  named in the signer's statement above as candidates for nomination and election by the Peace and Freedom Party as delegates to represent the Peace and Freedom Party of California in the ____ Party's next national convention, that all the signatures on this section of the nomination paper numbered from 1 to ____, inclusive, were made in my presence, that the signatures were obtained between ____ 20__, and ____ 20__, and that to the best of my knowledge and belief each signature is the genuine signature of the person whose name it purports to be. I declare under penalty of perjury that the foregoing is true and correct. Executed at ____, California, this ____ day of ____, 20__.

 

 (Signed) __________________________ Circulator  (Printed name) ____________________

 

6788.  A candidate, a committee organized to form a group of candidates for delegates, or a duly authorized representative of either that candidate or committee, may appoint circulators to serve in any county of the state in securing signatures to the nomination paper of the candidate or group of candidates.  The form on which the circulators are appointed shall be filed with the elections official of each county in which the circulators secure signatures, at or before the time the nomination paper of the candidate or group of candidates is left with the elections official for examination. Additional circulators may be appointed in the same manner as the original verification deputies were appointed.

 

6789.  The circulators may be appointed by the candidate or the authorized representative of the candidate on a form that shall be substantially as follows:

 

  APPOINTMENT OF CIRCULATORS BY CANDIDATE OR BY DULY AUTHORIZED REPRESENTATIVE OF CANDIDATE

 

 I, the undersigned candidate for the presidential preference primary of the Peace and Freedom Party (or duly authorized representative of ____), do hereby appoint the following voters registered as affiliated with the Peace and Freedom Party, as circulators to obtain signatures to nomination papers placing ____ in nomination for the presidential preference primary.  CIRCULATORS Name  Residence  County ___________________  ____________________ ___________________ ___________________  ____________________ ___________________ ___________________  ____________________ ___________________ etc. etc. etc. CANDIDATE OR DULY AUTHORIZED REPRESENTATIVE (Signed) ________________________ _____________________________  Name  Residence  Filed in the office of the County Elections Official of ______

 

  County, this ______ day of ______, 19__.

 

____________________________________ County Elections Official By _________________________________  Deputy

 

6790.  The circulators may be appointed by the committee, or its duly authorized representatives, on a form that shall be substantially as follows:

 

  APPOINTMENT OF CIRCULATORS BY COMMITTEE OR ITS DULY AUTHORIZED REPRESENTATIVES

 

 We, the undersigned, members of the ____ committee (or duly authorized representatives of the ____ committee), do hereby appoint the following voters registered as affiliated with the Peace and Freedom Party as circulators to obtain signatures to nomination papers for that group of candidates for election as delegates organized by us (or by the committee of which we are duly authorized representatives) to represent the Peace and Freedom Party of California in the ____ Party's next national convention:  CIRCULATORS Name  Residence  County ___________________  ____________________ ___________________ ___________________  ____________________ ___________________ ___________________  ____________________ ___________________ etc. etc.  etc.  COMMITTEE OR ITS DULY AUTHORIZED REPRESENTATIVES (Signed) _______________________ ______________________________ Name  Residence (Signed) _______________________ ______________________________ Name  Residence (Signed) _______________________ ______________________________ Name  Residence etc. etc.  Filed in the office of the County Elections Official of ______  County, this ______ day of ______, 19__. ____________________________________ County Elections Official By _________________________________  Deputy

 

6791.  Circulators may obtain signatures to the nomination paper of the candidate or group of candidates for whom they were appointed, at any time not more than 104 nor less than 74 days prior to the presidential primary. 6792.  Each section of a nomination paper, after being verified, shall be returned by the verification deputy who circulated it to the candidate, committee, or duly authorized representatives, by whom the verification deputy was appointed.  All the sections circulated in any county shall be collected by the candidate, committee, or duly authorized representatives, who shall arrange and leave the sections with the elections official for examination.

 

6793.  Prior to filing, the sections of a nomination paper for any candidate or group of candidates shall be numbered in order.

 

6794.  Nomination papers, properly assembled, may be consolidated and fastened together by counties, but nomination papers signed by voters in different counties shall not be fastened together.

 

6795.  The elections official shall examine all nomination papers left with her or him for examination and shall disregard and mark "not sufficient" the name of any voter of that county that does not appear in the same handwriting on an affidavit of registration in the office of the elections official.  The elections official shall also disregard and mark "not sufficient" the name of any voter of the county who is not registered as affiliated with the Peace and Freedom Party.

 

6796.  Within five days after any nomination papers are left with the elections official for examination, the elections official shall:

 

 (a) Examine and affix to them a certificate reciting that she or he has examined them and stating the number of names that have not been marked "not sufficient."  (b) Transmit the papers with the certificate of examination to the Secretary of State, who shall file the papers.

 

6797.  The certificate of the elections official to nomination papers of a candidate or group of candidates shall be in substantially the following form: CERTIFICATE OF ELECTIONS OFFICIAL TO NOMINATION PAPERS OF CANDIDATE OR GROUP OF CANDIDATES To the Secretary of State:  I, County Elections Official of the County of ____, hereby certify that I have examined the nomination papers, to which this certificate is attached, of the presidential candidate or group

 

  of candidates for delegates at the ensuing presidential primary, and that the number of names which I have not marked "not sufficient" is __________.  The candidate or group of candidates named in the nomination papers comprise the following (state names of candidates): __________________ __________________ __________________ __________________ __________________ __________________ __________________ __________________ __________________  etc. etc. etc.  Dated this ________ day of ________, 19__. ______________________________________  (SEAL) County Elections Official By ___________________________________  Deputy

 

6798.  (a) Upon receipt of a sufficient number of signatures for the nomination of a candidate for the presidential preference primary ballot, the Secretary of State shall notify the candidate or his or her duly authorized representative of that fact.  (b) Upon receipt of a sufficient number of signatures for the nomination of a group of candidates for delegates, the Secretary of State shall notify the chairperson of the committee of that fact.  (c) In each case, the Secretary of State shall advise the person receiving the notification that no more signatures will be received.

 

6820.  Upon the filing of nomination papers, the presidential preference primary candidate or slate of delegate candidates shall be voted upon, but the names of candidates for delegates to the national convention shall not be printed upon the ballot. 6821.  For the presidential primary election, the format of the Peace and Freedom Party ballot shall be governed by Chapter 2 (commencing with Section 13100) of Division 13, with the following exceptions:  (a) In place of the heading "Delegates to National Convention, vote for one group only" shall appear the heading "Presidential Preference, vote for one."  (b) Selected and unselected presidential candidates shall be listed below the heading specified in subdivision (a).  (c) Below the presidential candidates shall appear in the same column, or in the next column if there is not sufficient space in the first column, the heading "Delegates to National Convention, vote for one group".  (d) Presidential candidates who have qualified for the ballot and to whom delegations are pledged, and the chairpersons of unpledged delegations which have qualified for the ballot, shall be listed below the heading specified in subdivision (c).  (e) The instructions to voters shall be the same as provided for in Chapter 2 (commencing with Section 13100) of Division 13, except that they shall begin with the words, "To express your preference for a candidate for nomination for President, stamp a cross (+) in the square opposite the name of the candidate.  Your vote in this portion of the ballot is advisory only.  Delegates to the national convention will be elected in the delegate selection portion of the ballot." 6822.  Any person who believes his or her name may be used as a write-in candidate for President of the United States shall, not later than 21 days before the primary election, file an endorsement of his or her write-in candidacy with the Secretary of State, or no votes shall be counted for that write-in candidate.

 

6840.  The number of delegates to be certified as elected from each group of delegate candidates shall be the whole number nearest the product obtained by multiplying the total number of delegates to be elected by the ratio which that group's vote bears to the total of votes cast for all those groups of delegates, with the following to apply in order to adjust the total number of delegates certified to the total number to which the state is entitled:  (a) If this procedure would result in a total number of delegates being elected greater than the number to which the state is entitled, the calculation outlined above shall be repeated using a total vote cast for all groups of delegates that is sufficiently larger than the actual total vote so as to give a total number of delegates elected equal to the number to which the state is entitled.  (b) If this procedure would result in a total number of delegates being elected smaller than the number to which the state is entitled, the calculation outlined above shall be repeated using a total vote cast for all groups of delegates that is sufficiently smaller than the actual total vote so as to give a total number of delegates elected equal to the number to which the state is entitled.  (c) If a tie renders unworkable the procedure for adjusting to the proper delegate total outlined in subdivisions (a) and (b), those delegate candidates so tied shall be certified as elected with a fractional vote proportional to their group's total vote so that the total number of delegates certified, including the fractional-vote delegates, equals the number to which the state is entitled.

 

6841.  The Secretary of State shall send, not more than three business days after the presidential primary, to the chairperson of each committee qualifying a group of candidates for national convention delegates for the Peace and Freedom Party presidential primary ballot a copy of the semiofficial canvass of the vote for each of the group of delegates showing the vote for each group in each county, the total statewide vote for each group, and the tentative number of delegates which each group will be entitled to have declared elected. 6842.  Each group of candidates for delegate shall meet or confer after the presidential primary and by majority vote shall determine the order in which members of the group shall be certified as elected by the Secretary of State.  The order so determined shall commence with a resident of either the northern or the southern territories, and the names thereafter shall alternate between residents of the northern and southern territories until the alternation is no longer possible.  The order so determined shall be certified to the Secretary of State by the chairperson of the committee forming the group not later than the 21st day after the election.

 

6843.  The Secretary of State shall, not later than the 24th day after the election, file in her or his office a statement of the canvassed returns for the Peace and Freedom Party presidential preferential primary and the national convention delegate selection election, compiled from the returns filed with the Secretary of State by the county elections officials.  The compiled statement shall show, for each candidate or group, the total of the votes received, the votes received in each county, and, in the case of a group, the names of the candidates comprising that group.

 

6844.  The Secretary of State shall, not later than the 24th day after the election, issue a certificate of election to as many persons in each group as are entitled to be declared elected from that group pursuant to Section 6840.  The names certified from each group shall be certified in the order in which they were specified by the group pursuant to Section 6842.  If no order was specified, the Secretary of State shall certify as many persons from the group as are entitled to be elected from the order in which the names of the candidates appeared on the nomination paper of the group, with the additional requirement that an equal number of names be selected of persons residing in the northern and the southern territories, or, if the number to be selected is odd, that one more person residing in the territory with the greater portion of the state's registered Peace and Freedom Party voters shall be certified than the number of persons certified residing in the other territory.  Certification of any delegates to which a write-in candidate is entitled shall be made within three business days of the receipt of the names of those delegates pursuant to Sections 6846 and 6847.

 

6845.  Any person who receives, by write-in vote, a sufficient number of votes in the national convention delegate selection portion of the Peace and Freedom Party presidential primary to be entitled to one or more convention delegates pursuant to Section 6840, shall, within 31 days after the primary election, file a list of as many delegates as the person is entitled to with the Secretary of State. The delegates selected shall meet the residence distribution requirement specified in Section 6763 and shall be voters registered as affiliated with the Peace and Freedom Party in California.

 

6846.  If a write-in candidate fails to file the list of delegates pursuant to Section 6845, the state central committee of the party shall, within 10 days of the end of the 31-day period specified in Section 6845, file a list of those delegates with the Secretary of State.  Any delegates so certified by the state central committee shall attend the convention unpledged to any candidate.

 

6847.  The elected delegates may, if they desire, meet or confer prior to attending the convention to select a chairperson of the delegation and to fill any vacancies in the office of delegate or alternate. 6848.  The alternate of any delegate who is unable to attend the convention shall attend the convention in the place of the delegate and shall otherwise discharge the duties of that delegate.  An alternate shall not vote in the place of the delegate whom the alternate represents when the delegate is occupying her or his seat at the convention.

 

6849.  The Secretary of State shall, as soon as practicable, certify to the chairperson of the state central committee and to the chairperson of each party county central committee of record, the final list of national convention delegates.

 

Division 7 Part 5

 

7700.  This part applies to the organization, operation, and functions of that political party known as the Peace and Freedom Party of California.

 

7750.  At each direct primary election, members of central committees shall be elected in each county.

 

7751.  For the purposes of this chapter, the registration figures used shall be those taken from the statement of voters and their political affiliations transmitted by the elections officials to the Secretary of State on the 135th day prior to the next direct primary election.

 

7752.  The number of members of central committees to be elected in a county shall be the greater of either of the following:  (a) The number seven.  (b) The integer nearest the resulting quotient obtained by dividing 400 times the number of Peace and Freedom Party registered voters in the county by the number of Peace and Freedom Party registered voters in the state.  However, the number of members of central committees to be elected in a county shall be five if the number of Peace and Freedom Party registered voters in the county is less than 150.

 

7753.  In each county where the number of members of central committees to be elected is 12 or less, the members shall be elected in a countywide, at large district.  In each county where the number to be elected is 13 or greater, the members shall be elected by supervisorial district, except in Los Angeles County and in the City and County of San Francisco, wherein the members shall be elected by Assembly district.

 

7754.  The number to be elected from each supervisorial or Assembly district shall be the greater of either of the following:  (a) The number one.  (b) The integer nearest the resulting quotient obtained by dividing the number of members to be elected in that county times the number of Peace and Freedom Party registered voters in the district by the number of Peace and Freedom Party registered voters in the county.  If the procedure outlined above would result in less members being elected in a county than the number to which the county is entitled under Section 7752, the calculation in subdivision (b) shall be repeated using a number of Peace and Freedom Party registered voters in the county sufficiently smaller than the actual number in the county so as to give a total number of members of central committees to be elected equal to or the nearest amount which is greater than the number to which the county is entitled.

 

7755.  Each person receiving a Peace and Freedom Party nomination for any partisan public office at the preceding direct primary election or at any special election subsequent thereto shall be declared elected as a member of central committees.  Any members elected pursuant to this section shall be in addition to the number a county is entitled to elect pursuant to Section 7752.

 

7770.  The Secretary of State, no later than the 125th day before the direct primary election, shall compute the number of members of central committees to be elected in each county and shall mail a certificate to that effect to the elections official of each county and to the Chairperson of the Peace and Freedom Party State Central Committee.

 

7771.  The elections official, no later than the 115th day before the direct primary election, shall compute the number of members of central committees to be elected in each supervisorial or Assembly district if the election of the members is to be by supervisorial or Assembly district pursuant to this chapter.

 

7772.  In each county, the name of each candidate for member of central committees shall appear on the ballot only if she or he has done either of the following:  (a) Filed a nomination paper pursuant to Chapter 4 (commencing with Section 6700) of Division 6, signed in the candidate's behalf by the voters of the central committee election district in which she or he is a candidate.  (b) Qualified to have her or his name printed on the direct primary ballot as a candidate for the Peace and Freedom Party nomination to a partisan public office. 7773.  In counties where members of central committees are to be elected by supervisorial or Assembly district, a person seeking election as a member of central committees may seek election only in the supervisorial or Assembly district in which he or she resides. 7774.  A person qualifying as a candidate for member of central committees by virtue of qualification to have her or his name appear on the primary ballot for a partisan public office shall have her or his name listed on the ballot for member of central committees only in the central committee election district of her or his residence. 7775.  Notwithstanding any other provision of this code, a person may obtain and circulate nomination papers both for nomination to a public office and for election as a member of central committees.

 

7776.  Notwithstanding any other provision of this code, the number of sponsors which shall be required of a person to be a candidate for member of central committees shall be the lesser of either of the following:  (a) Not less than 20 nor more than 30.  (b) Not less than 2 percent of the number of voters registered as affiliated with the Peace and Freedom Party in the central committee election district.

 

7777.  Notwithstanding any other provision of this code, up to three candidates for member of central committees in a single central committee election district may have their names listed on a single sponsor's certificate, and the signatures thereon shall be counted toward the sponsor requirement of each and every candidate whose name is listed on the certificate. However, in no case shall the number of candidates having their names on a sponsor's certificate exceed the number of members of central committees to be elected in the district.

 

7778.  The elections official of each county shall include the office of member of central committees and the candidates therefor in a place and manner similar to the office of county central committee and the candidates therefor on various official lists.

 

7779.  The order of appearance of the names of the candidates for member of central committees on the ballot shall be determined by a public drawing held at the time, place, and manner prescribed for determining the order of names of county central committee members pursuant to Chapter 2 (commencing with Section 13100) of Division 13. 7780.  The office of member of central committees shall be placed on the direct primary ballot under the heading "Party Central Committees" in the place and manner designated for the office of county central committee pursuant to Chapter 2 (commencing with Section 13100) of Division 13.  The subheading printed under party central committees on the direct primary ballot shall be in substantially the following form:

 

Member of Peace and Freedom Party Central Committees, 55th Assembly District or Member of Peace and Freedom Party Central Committees, Alpine County 7781.  A party nominee for partisan office qualifying to be declared elected as a member of central committees pursuant to Section 7755 shall not be additionally declared directly elected as a member of central committees pursuant to Section 15490 and shall not possess a multiple membership on either the state central committee or on a county central committee.

 

7782.  A certificate of election shall be issued to each elected member of central committees by the officers charged with that duty of issuing certificates of election to members of county central committees under Section 8145.

 

7783.  The votes cast for each candidate for member of central committees shall be included in the canvass and statement of results in a manner similar to the vote for each candidate for county central committee pursuant to Division 15 (commencing with Section 15000).

 

7800.  At the convention meeting of the state central committee, the state central committee shall consist initially of only those members of central committees elected at the most recent direct primary election. 7802.  At its convention and subsequent meetings the state central committee, in its sole discretion, may appoint any additional members to the state central committee as it may desire.

 

7803.  The state central committee may require a balance of elected and appointed members so that 50 percent of the state central committee members from each county are women and 50 percent are men.

 

7804.  No person shall be appointed to membership on the state central committee unless she or he is registered as a voter affiliated with the Peace and Freedom Party or would register as a voter affiliated with this party if not legally prohibited from doing so.

 

7805.  This committee may remove any elected or appointed member who, during the term of membership, affiliates with or registers as a member of another political party, publicly advocates that the voters should not vote for the nominee of the party for any office, publicly gives support to or avows a preference for a candidate of another party or candidate who is opposed to a candidate nominated by this party, or has violated the bylaws or constitution of the state central committee.

 

7820.  The state central committee shall hold meetings not less than once during each year.

 

7830.  The state central committee's convention meeting shall be called to order by the chairperson of the committee at 10 a.m.  on the Saturday on which it is to be held.  It shall at once proceed to the election of temporary chairpeople, 50 percent of whom shall be women and 50 percent of whom shall be men.  This committee may hold the election by alphabetical rollcall by county if a majority of its members vote to do so.  The state central committee shall elect any other temporary officers as it may determine.

 

7831.  The temporary chairpersons shall appoint any committees as the state central committee may direct.

 

7832.  The convention meeting of the state central committee shall elect the officers of the state central committee and adopt the party' s platform, which shall be made public upon its adoption.

 

7833.  The vote on any issue at the convention meeting of the state central committee may be by alphabetical rollcall by county if a majority of its members vote to do so, or any other method prescribed by this committee.

 

7834.  The proceedings at the convention meeting of the state central committee shall be governed by any manual of parliamentary procedure designated by this committee.

 

7835.  This committee may select from its membership an executive committee to which it may grant all or any portion of its powers and duties.  If this committee grants any portion of its powers to an executive committee, it shall provide for the election to its executive committee of any number of persons it shall determine, 50 percent of whom shall be women and 50 percent of whom shall be men. All officers of the state central committee shall be members of any executive committee so selected.

 

7836.  The chairperson of the state central committee shall serve a two-year term but shall not succeed herself or himself, and the chairperson shall alternate each biennium between the northern and southern territories. The boundary between the northern and southern territories of the state shall be that latitudinal line coinciding with the northern boundaries of San Luis Obispo, Kern, and San Bernardino Counties.

 

7837.  The Secretary of State, within 10 days after the convention meeting of the state central committee, shall ascertain who is the newly elected chairperson of the state central committee and shall mail a certificate to that effect, including the chairperson's address and telephone number, to the elections official of each county.

 

7838.  All officers elected at the convention meeting of the state central committee shall serve for two-year terms, unless a shorter term is specified by the committee.  Any officer of the state central committee may be removed by a majority vote of the state central committee.

 

7839.  This committee shall conduct party campaigns for this party and in behalf of the candidates of this party. It shall appoint committees and appoint and employ campaign directors and perfect whatever campaign organizations it deems suitable or desirable and for the best interest of the party.

 

7840.  The state central committee shall have power to appoint interim county central committees in the following counties:  (a) Counties in which the voters have not elected one or more members of central committees in the direct primary election preceding the organization of this committee.  (b) Counties in which all members of a county central committee are removed from office or cease to be registered as affiliated with the Peace and Freedom Party.  Persons appointed to interim county central committees pursuant to this section shall meet the qualifications otherwise required of appointees to membership on the county central committees.  Notice of any appointments pursuant to this section shall be filed by the state central committee with the elections official of the county for which that interim county central committee is appointed.  Interim county central committees appointed pursuant to this section shall have all the powers and privileges afforded county central committees

 

7850.  At its first meeting on the second Tuesday in July following the direct primary election and at subsequent meetings, a county central committee, in its sole discretion, may appoint any additional members to the county central committee as it may desire.

 

7851.  A county central committee may require a balance of elected and appointed committee members to create a total membership division of 50 percent women and 50 percent men.

 

7852.  No person shall be appointed to membership on a county central committee unless she or he is registered as a voter affiliated with the Peace and Freedom Party in the county, or is a resident of the county who would register as a voter affiliated with this party if not legally prohibited from doing so.

 

7853.  Any member of a committee who misses more than three consecutive regularly scheduled meetings may be removed by a vote of the committee concerned, unless the absence of the member is caused by illness or temporary absence from the county on the date of the meeting.

 

7854.  The removal of residence by an elected or appointed member of a county central committee from the county from which the member was elected shall constitute the of the member automatic resignation from the committee.

 

7855.  A committee may remove any elected or appointed member, who during the term of membership, affiliates with or registers as a member of another political party, publicly advocates that the voters should not vote for the nominee of the party for any office, publicly gives support to or avows a preference for a candidate of another party or candidate who is opposed to a candidate nominated by this party, or has violated the bylaws or constitution of the committee.

 

7856.  Whenever any person is appointed to a committee, the chairperson of the committee shall file notices of the appointment with the county elections official and the chairperson of the state central committee within 30 days after it is made.  The notices shall contain the name and address of the person appointed and shall indicate the date of the appointment.

 

7857.  If no members of central committees have been elected in a county at the preceding direct primary election or, if for any reason all the members of a county central committee are removed from office or cease to be registered as affiliated as members of the Peace and Freedom Party, then an interim county central committee with full powers may be appointed by the state central committee under the procedures specified in Section 7840.

 

7870.  The Department of General Services shall permit any committee that desires to do so to hold meetings in a state building within the county, at least one of which meetings each month shall be without charge. 7871.  All meetings of the committee shall be held in quarters which shall be accessible to persons with disabilities.

 

7880.  A committee shall have charge of the party campaign under general direction of the state central committee or of the executive committee selected by the state central committee.

 

7881.  A committee may make rules and regulations providing for the following:  (a) How officers of the committee may be removed.  (b) How meetings may be called, and any provisions so made shall supersede anything in this chapter to the contrary.  (c) Whether or not proxies may be used and the conditions under which they may be used.

 

7882.  The committees shall perform other duties and services for this political party as seem to be for the benefit of the party. They shall continue to function and exist until the members of the new committees take office after the succeeding direct primary election.

 

7883.  If the chairperson of a committee refuses to call a meeting, a meeting may be called upon five days' notice by a majority of the members of the committee.

 

7884.  Within five days after a committee meets for its organizational meeting, the newly elected chairperson of the committee shall notify the county elections official of his or her name.

 

Division 15 Chapter 6 Article 5

 

15490.  In each county the number of candidates for member of central committees to be elected in each central committee election district who receive the highest number of votes shall be declared elected.  The names and votes of all nominees for partisan public office qualified for central committees membership pursuant to Section 7755 shall be excluded from the list of candidates for member of central committees and disregarded in the determination of the candidates with the highest number of votes.  No write-in candidate for member of central committees shall be declared elected, however, unless that candidate has received a number of votes equal to or greater than 2 percent of the number of party members voting in the central committee election district at the direct primary, or 20 votes, whichever is less.