California Elections Code 13.5 – (a) (1) Notwithstanding subdivision (a) of Section 13, a …
(a) (1) Notwithstanding subdivision (a) of Section 13, a person shall not be considered a legally qualified candidate for any of the offices set forth in subdivision (b) unless that person has filed all of the following with the proper official:
(A) A declaration of candidacy, nomination papers, or statement of write-in candidacy.
Terms Used In California Elections Code 13.5
- candidate: includes any officeholder who is subject to a recall election. See California Elections Code 305
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
(B) Documentation that establishes that the person meets each qualification established for service in that office pursuant to subdivision (b). Documentation may include, but is not limited to, certificates, declarations, degrees, diplomas, official correspondences, college transcripts that include training courses taken, or other supporting documents.
(C) A declaration, under penalty of perjury, certifying that the information contained within the documentation the person filed pursuant to subparagraph (B) is true and correct.
(2) The provision of “documentation,” for purposes of compliance with the requirements of paragraph (1), may include the submission of either an original, as defined in § 255 of the Evidence Code, or a duplicate, as defined in § 260 of the Evidence Code.
(3) The official with whom the person filed the documentation pursuant to paragraph (1) is not required to verify either of the following:
(A) The authenticity or accuracy of the documentation.
(B) Whether the documentation is sufficient to establish that the candidate meets each qualification established for service in that office.
(b) This section shall be applicable to the following offices and qualifications therefor:
(1) For the office of county auditor, the qualifications set forth in Sections 26945 and 26946 of the Government Code.
(2) For the office of county district attorney, the qualifications set forth in Sections 24001 and 24002 of the Government Code.
(3) For the office of county sheriff, the qualifications set forth in § 24004.3 of the Government Code.
(4) For the office of county superintendent of schools, the qualifications set forth in Sections 1205 to 1208, inclusive, of the Education Code.
(5) For the office of judge of the superior court, the qualifications set forth in § 15 of Article VI of the California Constitution.
(6) For the office of county treasurer, county tax collector, or county treasurer-tax collector, the qualifications set forth in § 27000.7 of the Government Code, provided that the board of supervisors has adopted the provisions of that section pursuant to § 27000.6 of the Government Code.
(Amended by Stats. 2023, Ch. 669, Sec. 1. (AB 910) Effective January 1, 2024.)