§ 7209. — 7209. (Amended by Stats. 2021, Ch. 299, Sec. 1.)

California § 7209.

• Jurisdiction: California
• Code ELEC: Elections Code - ELEC
• Div. 7.: DIVISION 7. POLITICAL PARTY ORGANIZATION AND CENTRAL COMMITTEE ELECTIONS
• Part 2.: PART 2. DEMOCRATIC PARTY
• Ch. 4.: CHAPTER 4. County Central Committee
• Art. 1.: ARTICLE 1. Members

Text

(a)
A person is not eligible for election to a committee if the person’s affidavit of registration does not state a political party preference for this party at the time of the person’s election.
(b)
Notwithstanding subdivision (a) or Section 8001, a person who is not a United States citizen, but who would be eligible to register to vote if the person were a United States citizen, is eligible for election to a committee if all of the following conditions are met:
(1)
The bylaws of the committee permit a person who is not a United States citizen, but who would be eligible to register to vote if the person were a United States citizen, to serve as a member of the committee.
(2)
The person meets all other eligibility requirements for election to the committee that are imposed by the bylaws of the
committee or this code.
(3)
The committee, not later than the 172nd day preceding the presidential primary election, does both of the following:
(A)
Notifies the county elections official that its bylaws permit a person who is not a United States citizen, but who would be eligible to register to vote if the person were a United States citizen, to be elected to, and to serve as a member of, the committee.
(B)
Provides the county elections official with a list of the eligibility requirements in its
bylaws for a person to be elected to, and to serve on, the committee.
(4)
At the time the person files a declaration of candidacy, the person also files a declaration of eligibility with the county elections official. The county elections official shall attach the list of eligibility requirements provided by the committee in accordance with subparagraph (B) of paragraph (3) to the blank declaration of eligibility. The declaration of eligibility shall be substantially as follows:
DECLARATION OF ELIGIBILITY
I hereby
declare that I have filed a declaration of candidacy for nomination to the office of _____ to be voted for at the primary election to be held ______, 20__, and declare the following to be true:
My name is
.
I have reviewed the attached list of eligibility requirements to be elected to, and to serve on, the county central committee, and I meet those requirements.
Dated this ____ day of _____, 20__
Signature of candidate
State of California
)
County of
) ss.
)
Subscribed and sworn to before me this ________ day of ________, 20____.
Notary Public (or other official)
Examined and certified by me this ________ day of ________, 20____.
County Elections Official
(c)
(1)
The county elections official shall accept a completed declaration of eligibility filed by a candidate pursuant to subdivision (b) as a certification that the person is eligible for election to the committee. This section shall not be construed to permit or require the elections official to verify independently whether a candidate who has filed a declaration of eligibility satisfies the eligibility requirements provided by the committee in accordance with subparagraph (B) of paragraph (3) of subdivision (b).
(2)
In lieu of attaching a certificate to a candidate’s declaration of candidacy in accordance with subdivision (b) of Section 8001, the elections official shall attach a candidate’s completed declaration of eligibility to the candidate’s completed declaration of candidacy, and shall preserve both documents in accordance with Section 17100.

Legislative History

Amended by Stats. 2021, Ch. 299, Sec. 1. (SB 714) Effective January 1, 2022.