AB 1784: Primary elections: candidate withdrawals.

Existing law requires candidates for an office at a primary election to deliver their nomination documents to the county elections official no later than 5 p.m. on the 88th day before the primary election, or in specified cases, no later than 5 p.m. on the 83rd day before the primary election. Existing law prohibits a person who has delivered nomination documents to the county elections official from withdrawing their candidacy. Existing law further prohibits a person from filing nomination documents for a party nomination and an independent nomination for the same office, or for more than one office at the same election.

This bill would permit a candidate for any office other than a statewide office, as defined, at a primary election to withdraw their nomination documents for that office during the applicable filing period. The bill would establish requirements for withdrawal, including that the candidate submit a statement under penalty of perjury that they are withdrawing their nomination documents and understand the withdrawal is irrevocable and that the filing fees are nonrefundable. The bill would permit a candidate who withdraws to file nomination documents for another office at that primary election during the applicable filing period. The bill would clarify that a candidate is prohibited from filing nomination documents for more than one office at the same primary election, except as specified. If an incumbent has delivered but then withdrawn their nomination documents before 5 p.m. on the 88th day before the primary election, the bill would authorize another candidate to deliver their nomination documents no later than 5 p.m. on the 83rd day before the primary election.

By establishing a new crime based upon the requirement that a candidate submit a statement of withdrawal under penalty of perjury, and by establishing new duties for local elections officials, the bill would create a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.

With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.