Elec. Code, § 8040 · Article 3. Form of Nomination Documents
Elec. Code, § 8040
Text — As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
(a) The declaration of candidacy by a candidate shall be substantially as follows:
DECLARATION OF CANDIDACY
I hereby declare myself a candidate for nomination to the office of ________ District Number ________ to be voted for at the primary election to be held ________, 20__, and declare the following to be true: My name is ______. I want my name and occupational designation to appear on the ballot as follows: ______________________________________.
Addresses: Residence ______ ______ Business ______ ______ Mailing ______ ______
Telephone numbers: Day _________ Evening _________
Internet website:_______________________________________
I meet the statutory and constitutional qualifications for this office (including, but not limited to, citizenship, residency, and party preference, if required).
I am at present an incumbent of the following public office
(if any) __________.
If nominated, I will accept the nomination and not withdraw, except as permitted by state law.
Signature of candidate
A candidate for voter-nominated office shall also complete all of the following:
(1) I hereby certify that:
(a) At the time of presentation of this declaration, as shown by my current affidavit of registration, I have disclosed the following political party preference, if any: ______.
(b) My complete voter registration and party affiliation/preference history, from [10 years prior to current year] through the date of signing this document, is as follows:
Party Registration County Timeframe (by year)
______ ______ ______
______ ______ ______
______ ______ ______
(2) Pursuant to Section 8002.5 of the Elections Code, select one of the following:
______ Party Preference: _____________________ (insert the name of the qualified political party as disclosed upon your affidavit of registration).
______ Party Preference: None (if you have declined to disclose a preference for a qualified political party upon your affidavit of registration).
Dated this ___ day of _____, 20___.
______
Signature of candidate
A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California )
County of ______ ) ss.
)
Subscribed and sworn to before me this ___ day of ________, 20____.
Signature of Notary Public (or other official) Notary Public Seal
Examined and certified by me this ________ day of ________, 20____.
County Elections Official
WARNING: Every person acting on behalf of a candidate is guilty of a misdemeanor who deliberately fails to file at the proper time and in the proper place any declaration of candidacy in the person’s possession which is entitled to be filed under the provisions of the Elections Code Section 18202.
(b) At the discretion of the elections official, a candidate for a judicial office, or a candidate for any office whose voter registration information is confidential under Section 2166, 2166.5, 2166.7, 2166.8, or 2166.9 may withhold the candidate’s residence address from the declaration of candidacy. If a candidate does not state the candidate’s residence address on the declaration of candidacy, the elections official shall verify whether the candidate’s address is within the appropriate political subdivision and add the notation “verified” where appropriate on the declaration.
(c) If a candidate will not be within the State of California during the entire nomination period and is unable to appear before a notary public appointed by the Secretary of State or other California official to complete their declaration of candidacy, the candidate may appear before a notary public in another state to complete the declaration of candidacy. The candidate shall attach to their declaration of candidacy a notarial certificate from the out-of-state notary that complies with the law of the notary’s state.
Notes and commentary — not statutory text
History
Amended by Stats. 2025, Ch. 300, Sec. 4. (AB 1392) Effective January 1, 2026.
Source of truth
- Edition
- As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
- Official file
- https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=ELEC§ionNum=8040.
- Text hash
- sha256 ba072b473aaf9d04741a52cd6ceac1cafef23e064fbbe7a618bf87e4812117d1
- Composed by
- compose_ca.py 2026-10-22: the Legislative Counsel's CAML content files read by a tokenizer (caml_readers.reader_a); an independent xml.etree reading (caml_readers.reader_b) agrees on every section
- printed leader lines (blanks in a form) are shown as ______ or ......
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Elections Code
- Elec. Code, § 2166Printed as Section 2166, 2166.5, 2166.7, 2166.8, or 2166.9
- Elec. Code, § 2166.5Printed as Section 2166, 2166.5, 2166.7, 2166.8, or 2166.9
- Elec. Code, § 2166.7Printed as Section 2166, 2166.5, 2166.7, 2166.8, or 2166.9
- Elec. Code, § 2166.8Printed as Section 2166, 2166.5, 2166.7, 2166.8, or 2166.9
- Elec. Code, § 2166.9Printed as Section 2166, 2166.5, 2166.7, 2166.8, or 2166.9
- Elec. Code, § 8002.5Printed as Section 8002.5 of the Elections Code
- Elec. Code, § 18202Printed as Elections Code Section 18202
Cited by 3 provisions
Provisions in this library whose text cites Elec. Code, § 8040. Each shows the citation as that text prints it.
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.