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  1. QUALIFICATIONS

    Every candidate shall:

    1. Be a registered voter and otherwise qualified to vote for that office at the time that nomination papers are issued to the person. § 2011
    2. Not have been convicted of a felony involving accepting or giving, or offering to give, any bribe, the embezzlement of public money, extortion or theft of public money, perjury, or conspiracy to commit any of those crimes. § 20
    3. Not have served two terms in the office sought since November 6, 1990.
      Cal. Const., art. IX, § 2

  2. REQUIREMENTS

    1. CAMPAIGN FILINGS AND RESPONSIBILITIES

      Any individual who intends to be a candidate for an elective state office shall:

      1. Candidate Intention Statement

        File with the Secretary of State's Political Reform Division a Candidate Intention Statement (Form 501) for the specific state office sought. A separate Form 501 must be filed for each election, including re-election to the same office. This statement shall be signed under penalty of perjury and filed prior to the solicitation or receipt of any contribution or loan, including expenditures made from personal funds used for campaign purposes.Gov. Code § 85200

      2. Campaign Contribution Account
        1. A Statement of Organization—Recipient Committee (Form 410) shall be filed with the Secretary of State's Political Reform Division within 10 days of qualifying as a committee by receiving contributions totaling $1,000 or more in a calendar year.Gov. Code §§ 82013(a), 84101
        2. Establish one campaign contribution account at an office of a financial institution located in California after filing the Candidate Intention Statement.Gov. Code § 85201(a)
        3. All contributions or loans made to the candidate, to a person on behalf of the candidate, or to the candidate's controlled committee shall be deposited in the account.Gov. Code § 85201(c)
        4. Any personal funds, which will be used to promote the election of the candidate, shall be deposited in the account prior to expenditure.Gov. Code § 85201(d)
        5. All campaign expenditures shall be made from the account.Gov. Code § 85201(e)
      3. Exceptions
        1. Parts 1 and 2(d) and (e), above, do not apply to a candidate's payment of a filing fee and statement of qualifications fee from his or her personal funds.Gov. Code §§ 85200, 85201(f)
        2. Part 2, above, does not apply if the candidate does not receive contributions and makes campaign expenditures from personal funds of less than $1,000 in a calendar year, excluding payment of the filing fee and statement of qualifications fee.Gov. Code § 85201(g)
        3. An individual who raises contributions from others for his or her campaign, but who raises or spends less than $1,000 in a calendar year, shall establish a campaign contribution account but is not required to file a Statement of Organization or other statement of bank account information.Gov. Code § 85201(h)
    2. FILING FEES
      1. Full Payment of Filing Fee

        Every candidate must pay a filing fee equal to 2% of the first year's salary as of the first day on which a candidate may circulate petitions in lieu of filing fees, made payable to the Secretary of State. Currently, the filing fee for State Superintendent of Public Instruction is $3,022.54. The filing fee must be paid to the county elections official at the time the candidate obtains nomination papers from the county elections official of the candidate's county of residence. §§ 8103(a)(1), 8105

      2. Signatures In Lieu of Filing Fee

        A candidate may choose to submit by February 20, 2014 (E-103), a minimum of 10,000 valid signatures on petitions in lieu of filing fees.§ 8106(a)(3)

        1. Petitions for in-lieu signatures may be obtained from the county elections official and circulated between December 27, 2013 (E-158), and February 20, 2014 (E-103). Sections of petitions for in-lieu signatures shall be filed with the county elections official of the county in which the signers reside.§ 8106(b)
        2. The candidate may submit signatures to cover all or any prorated portion of the filing fee.§ 8106(b)(3)
        3. Any registered voter may sign an in-lieu-filing-fee petition for any candidate for whom he or she is eligible to vote.§ 8106(b)(1)
        4. Circulators of in-lieu-filing-fee petitions must be 18 years of age or older.§§ 1022, 8106(b)(4)
        5. Within 10 days after receipt of the petition, the county elections official shall notify the candidate of any deficiency. The candidate shall then, on or before March 7, 2014 (E-88), either submit a supplemental petition containing additional signatures or pay a pro rata portion of the filing fee to cover the deficiency.§ 8106(b)(3)
        6. Signatures in lieu of the filing fee may be counted toward the nomination sponsor signature requirements.§§ 8061, 8106(d)
          Signature In Lieu of Filing Fee Requirements
          § 8106(a)(3)
          CandidatesFiling FeeSignatures
          In Lieu of
          Filing Fee          		Value
          of Each
          Signature
          All Superintendent
          of Public Instruction
          Candidates (except
          write-in candidates)          		 $3,022.54 10,000 $0.302254
    3. BALLOT DESIGNATIONS
      1. Each candidate who submits a ballot designation shall file a completed ballot designation worksheet that supports the use of that ballot designation by the candidate. The ballot designation worksheet shall be filed with the elections official at the same time that the candidate files his or her declaration of candidacy. § 13107.3
      2. The designation shall remain the same for all purposes of both primary and general elections, unless the candidate, at least 98 days prior to the general election, requests in writing a different designation which the candidate is entitled to use at the time of the request. The written request must be accompanied by a ballot designation worksheet. § 13107(e)
    4. STATEMENT OF ECONOMIC INTERESTS

      Each candidate must file a Statement of Economic Interests with the county elections official of the candidate's county of residence disclosing investments, interests in real property, and any income received during the immediately preceding 12 months pursuant to the requirements of the Political Reform Act of 1974, As Amended. Gov. Code §§ 87200, 87201, 87500(b)

      This statement is to be filed by February 10, 2014 (E-113), and March 7, 2014 (E-88). It is not required if the candidate has filed such statements within the past 60 days for the same jurisdiction.Gov. Code § 87201

    5. FOR ALL CANDIDATES (EXCEPT WRITE-IN CANDIDATES)
      1. Between February 10, 2014 (E-113), and March 7, 2014 (E-88), obtain nomination documents from the county elections official of the candidate's county of residence. Nomination documents include nomination papers for collecting signatures and a Declaration of Candidacy that must be executed by the candidate. §§ 333, 8020, 8040, 8041
      2. Nomination Papers
        1. Gather between 65 and 100 signatures for filing the nomination papers.§ 8062(a)(1)
        2. Signatures on the in-lieu-filing-fee petitions may satisfy the signature requirement.§§ 8061, 8106(d)
        3. Any candidate may obtain signatures to and sign his or her own nomination papers.§ 106(a)
        4. All signers must be registered California voters.§§ 100, 8068
        5. The candidate may appoint persons to circulate the nomination papers. Circulators must be 18 years of age or older.§§ 1023, 8066
        6. Between February 10, 2014 (E-113), and March 7, 2014 (E-88), each section of the nomination paper shall be delivered to the county elections official of the county in which the signer resides and is a voter. §§ 8020, 8063
      3. Declaration of Candidacy
        1. The Declaration of Candidacy shall be obtained from, and delivered to, the county elections official of the county in which the candidate resides and is a voter. §§ 8040, 8064
        2. Upon request of a candidate, the county elections official shall provide the candidate with a Declaration of Candidacy. The county elections official shall not require a candidate to sign, file, or sign and file a Declaration of Candidacy as a condition of receiving nomination papers. § 8020(d)
        3. The county elections official shall require all candidates filing a Declaration of Candidacy to execute the declaration in his or her office unless the candidate, in a written statement signed and dated by the candidate, designates a third party to obtain the declaration form from the county elections official and to deliver it to the candidate. The written statement shall state that the candidate is aware that the Declaration of Candidacy must be properly executed and delivered not later than March 7, 2014 (E-88), to the office of the county elections official from whom it was received. Any person may return the completed Declaration of Candidacy. § 8028
      4. If the eligible incumbent fails to file the nomination documents by 5:00 p.m. on March 7, 2014 (E-88), any other person, if otherwise qualified, may obtain and file the nomination documents by 5:00 p.m. on March 12, 2014 (E-83). § 8022
      5. If only one person has declared a candidacy for a voter-nominated office at the primary election and that candidate dies after March 7, 2014 (E-88), but on or before March 12, 2014 (E-83), any person otherwise qualified may circulate and deliver nomination documents for the nomination for that office to the county elections official by 5:00 p.m. on March 21, 2014 (E-74). § 8027
    6. FOR WRITE-IN CANDIDATES ONLY
      1. Write-in candidates for nonpartisan office are allowed to run in both the primary and general elections. §§ 8141, 8600(c), 13212
      2. Filing Fees

        Write-in candidates are not required to pay filing fees.§ 8604

      3. Nomination Papers
        1. Gather between 65 and 100 signatures for filing the nomination papers.§§ 8062(a)(1), 8600
        2. The candidate may appoint persons to circulate the nomination papers. Circulators must be 18 years of age or older.§§ 1024, 8066
        3. Signers must be registered California voters. § 8603
        4. Between April 7, 2014 (E-57), and May 20, 2014 (E-14), circulate nomination papers for signatures and leave them for examination with the county elections official of the county in which the signers reside. § 8601

        If no candidates receive a majority of the votes cast at the primary election and a general election is required, between September 8, 2014 (E-57), and October 21, 2014 (E-14), circulate nomination papers for signatures and leave them for examination with the county elections official of the county in which the signers reside. § 8601

      4. Statement of Write-In Candidacy
        1. Between April 7, 2014 (E-57), and May 20, 2014 (E-14), file a Statement of Write-In Candidacy with the county elections official of the candidate's county of residence. § 8601

        If no candidates receive a majority of the votes cast at the primary election and a general election is required, between September 8, 2014 (E-57), and October 21, 2014 (E-14), file a Statement of Write-In Candidacy. § 8601

        1. The Statement of Write-In Candidacy shall contain the following information:
          1. Candidate's name,
          2. Candidate's complete residence address,
          3. A declaration stating that the candidate is a write-in candidate,
          4. The name of the office for which the candidate is running,
          5. The date of the election, and
          6. Candidate's 10-year political party preference history.
          §§ 8600, 8601

  3. GENERAL INFORMATION

    1. Any candidate who at the primary election receives votes on a majority of all the ballots cast for candidates for this office shall be elected to the office. Where a candidate has been elected to a nonpartisan office at the primary election, the office shall not appear on the ballot at the ensuing general election. § 8140
    2. If no candidate has been elected to a nonpartisan office pursuant to Section 8140, then the candidates receiving the two highest number of votes cast for nomination to the office shall be candidates at the ensuing general election. § 8141
    3. In the case of a tie vote, nonpartisan candidates receiving the same number of votes shall be candidates at the ensuing general election if they qualify pursuant to Section 8141 whether or not there are more candidates at the general election than prescribed. In no case shall the tie be determined by lot. § 8142(a)
    4. Each of the forms mentioned above is available free of charge from the county elections official. § 8101
    5. The term of office for State Superintendent of Public Instruction is four years, beginning on January 5, 2015. Cal. Const., art IX, § 2

    1. Because of the requirements of the Political Reform Act, As Amended, a candidate should visit the website of the Fair Political Practices Commission at www.fppc.ca.gov for the most recent copy of the Information Manual on Campaign Disclosure Provisions of the Political Reform Act, which gives the filing requirements for reporting campaign contributions, etc.

IMPORTANT NOTICE

This information sheet of candidate qualifications and procedures is for general information only and does not have the force and effect of law, regulation, or rule. In case of conflict, the law, regulation, or rule will apply. The candidate should obtain the most up-to-date information available because of possible changes in law.

  1. All code section references are to the California Elections Code unless stated otherwise. ↑
  2. Senate Bill (SB) 213 amends the laws applying to circulators. SB 213 becomes effective January 1, 2014. ↑
  3. See footnote 2. ↑
  4. See footnote 2. ↑