SECTIONS 10220-10230

10220.  Candidates may be nominated for any of the elective officesof the city in the following manner: Not earlier than the 113th day nor later than the 88th day beforea municipal election during normal office hours, as posted, thevoters may nominate candidates for election by signing a nominationpaper. Each candidate shall be proposed by not less than 20 nor morethan 30 voters in a city of 1,000 registered voters or more, and notless than five nor more than 10 voters in a city of less than 1,000registered voters, but only one candidate may be named in any onenomination paper. No voter may sign more than one nomination paperfor the same office, and in the event the voter does so, that voter'ssignature shall count only on the first nomination paper filed whichcontains the voter's signature. Nomination papers subsequently filedand containing that voter's signature shall be considered as thoughthat signature does not appear thereon. Each seat on the governingbody is a separate office. Any person registered to vote at theelection, and qualified to vote for the elective office of the cityfor which the nomination is made, may circulate a nomination paper.Only one person may circulate each nomination paper. Where there arefull terms and short terms to be filled, the term shall be specifiedin the nomination paper.10220.5.  Notwithstanding any other provision of law, a candidateshall not file nomination papers for more than one municipal officeor term of office for the same municipality in the same election.10221.  (a) Except as provided in subdivision (b), the signatures toeach nomination paper shall be appended on the same sheet of paper,and each signer shall add his or her place of residence, giving thestreet and number, if any, or another designation of his or her placeof residence, so as to enable its location to be readilyascertained. (b) Once a nomination paper is filed with the elections official,the nomination paper may not be returned to the candidate to obtainadditional signatures. If the nomination paper is determined to beinsufficient or the candidate fails to obtain the correct number ofvalid signatures on his or her nomination paper, the electionsofficial shall retain the original nomination paper, provide a copyof the nomination paper to the candidate with an indication on ofwhich signatures are valid, and issue one supplemental petition tothe candidate on which the candidate may collect additionalsignatures. The supplemental petition shall be filed not later thanthe last day for filing for that office. The form of the supplementalpetition shall be the same as the nomination paper, except that theword "Supplemental" shall be inserted above the phrase "NominationPaper."10222.  Every nomination paper shall have annexed an affidavit ofthe person who circulated it, to the effect that he or she sawwritten all the signatures appended thereto, and knows that they arethe signatures of the persons whose names they purport to be.10223.  Each nomination paper shall be accompanied by a verifiedstatement of the candidate that he or she will accept the nomination,and will also accept the office in the event of his election. Thestatement shall contain a blank space wherein the candidate shall berequired to fill in his or her name in the manner in which he or shewishes the same to appear on the ballot and also the designationwhich he or she wishes to have under his or her name on the ballot,which designation shall conform to one of the designations permittedunder this code relating to the forms of ballots generally.10224.  All nomination papers shall be filed with the city electionsofficial during regular business hours as posted, not later than the88th day before the election. Until that time, but not after, acandidate may withdraw his or her nomination paper after it is filedwith the elections official as provided in this section.10225.  (a) Notwithstanding Sections 10220 and 10224, if nominationpapers for an incumbent officer of the city are not filed by or onthe 88th day before the election, during normal business hours, asposted, the voters shall have until the 83rd day before the electionduring normal business hours, as posted, to nominate candidates otherthan the person who was the incumbent on the 88th day, for thatincumbent's elective office. (b) This section is not applicable where there is no incumbenteligible to be elected. If this section is applicable,notwithstanding Section 10224, a candidate may withdraw his or hernomination paper until the 83rd day before the election during normalbusiness hours, as posted.10226.  The nomination papers and affidavits shall be substantiallyin the following form: "NOMINATION PAPER  We, the undersigned voters of the ____ of ____  hereby nominate ____ for the office of ____  of  the city: Name Residence  _____________________ __________________________  _____________________ __________________________  _____________________ __________________________ AFFIDAVIT OF THE CIRCULATOR  State of )  California )  ss.  County of _________  I, ______, solemnly swear (or affirm) that the  signatures on this nomination paper were obtained  between _____, 2__, and _____, 2__; that I  circulated this petition and I saw the signatures  on this section of the nomination papers being  written; and that, to the best of my information  and belief, each signature is the genuine  signature of the person whose name it purports to  be.  My residence address is __________. __________________________ (Signature)  I certify (or declare) under the penalty of  perjury under the laws of the  State of California that the foregoing is true  and  correct.  Executed by me at ____, on ____, 2__. AFFIDAVIT OF THE NOMINEE  State of )  California )  ss.  County of _________  ______ being duly sworn, says that he or she is  the above-named nominee  for the office of ____, that he or she will  accept the office in the event of his  or her election, that he or she desires his or  her name to appear on the ballot  as follows: __________________________ (Print name above),  and that he or she desires the following  designation to appear on the ballot  under his or her name: __________________________ (Print desired designation above.)  I certify (or declare) under the penalty of  perjury under the lawsof the State of California  that the foregoing is true and  correct.  Executed by me at ____, on ____, 2___."10227.  All forms required for nomination and election to allmunicipal offices shall be furnished only by the city electionsofficial during regular business hours. At the time of issuance ofthose forms the city elections official shall type in the forms thename of the candidate and the office for which he is a candidate,shall imprint a stamp which reads "Official Filing Form," and shallaffix his or her signature. At the time nomination papers are issuedto a candidate, the city elections official shall imprint the date.The forms shall be distributed without charge to all candidatesapplying for them.10228.  A filing fee proportionate to the costs of processing acandidate's nomination papers or a candidate's supplementalnomination papers filed pursuant to subdivision (b) of Section 10221as determined by the city council and set by ordinance, but notexceeding twenty-five dollars ($25), may be imposed, to be paid uponthe filing of the nomination papers.10229.  (a) If, by the 88th day, during normal business hours asposted, prior to the day fixed for a regularly scheduled municipalelection or the 83rd day before the election, during normal businesshours as posted, if an incumbent fails to file pursuant to Section10225, (i) no one or only one person has been nominated for anyoffice that is elected on a citywide basis, or (ii) no one or onlyone person is nominated to be elected from or by a legislativedistrict, or (iii) in the case of any office or offices to be electedat large, the number of persons who have been nominated for thoseoffices does not exceed the number to be filled at that election; or,if, by the 88th day, during normal business hours as posted, beforea municipal election to fill any vacancy in office, no one or onlyone person has been nominated for any elective office to be filled atthat election, and the election is subject to Section 36512 of theGovernment Code, the city elections official shall submit acertificate of these facts to the governing body of the city andinform the governing body of the city that it may, at a regular orspecial meeting held before the municipal election, adopt one of thefollowing courses of action: (1) Appoint to the office the person who has been nominated. (2) Appoint to the office an eligible elector if no one has beennominated. (3) Hold the election, if either no one or only one person hasbeen nominated. The city elections official shall publish a notice ofthe facts described in this section and the courses of actionavailable under this subdivision. Publication shall be made pursuantto Section 6061 of the Government Code in any newspaper of generalcirculation as designated by the city elections official. After the fifth day following the date of posting or publication,the governing body of the city may make the appointment or direct anelection to be held in the affected territory. The person appointed,if any, shall qualify and take office and serve exactly as if electedat a municipal election for the office. Notwithstanding Section 10403, if, by the 75th day before themunicipal election, no person has been appointed to office pursuantto paragraph (1) or (2), the election shall be held. (b) Subdivision (a) shall not apply if, at the regularly scheduledmunicipal election, more than one person has been nominated toanother city office to be elected on a citywide basis or a citymeasure has qualified and is to be submitted to the voters at thatmunicipal election. (c) Notwithstanding Chapter 1 (commencing with Section 8600) ofPart 3 of Division 8, or any other provision of the law to thecontrary, if the governing body of a city makes an appointmentpursuant to subdivision (a), the elections official shall not acceptfor filing any statement of write-in candidacy that is submittedafter the appointment is made. (d) Nothing in this section shall be construed to prevent a cityfrom enacting an ordinance pursuant to Section 36512 of theGovernment Code, requiring that a special election be held, or fromenacting an ordinance pursuant to Section 36512 of the GovernmentCode, providing that a person appointed to fill a vacancy on the citycouncil shall hold office only until the date of the specialelection, or both. Any ordinance or ordinances may allow forappointment consistent with subdivision (a) without requiring orproviding for a special election. If an appointment to office is made in a particular legislativedistrict pursuant to subdivision (a), that appointment shall notaffect the conduct of the municipal election in other legislativedistricts of the city.10230.  If the date of a general municipal election is changed bymunicipal ordinance pursuant to subdivision (a) of Section 10403.5 orby charter, the period to file as a candidate for the generalmunicipal election shall be the same as the nomination period to fileas a candidate for the election in which the general municipalelection is consolidated, notwithstanding Section 10220.