SECTIONS 5000-5006 - California Statutes

ELECTIONS CODE

SECTION 5000-5006

5000. (a) For purposes of this division, the definition of "party"
in Section 338 is applicable.
(b) This chapter shall apply to political bodies and to parties
not otherwise provided for in Division 7 (commencing with Section
7050).

5001. Whenever a group of electors desires to qualify a new
political party meeting the requirements of Section 5100, that group
shall form a political body by:
(a) Holding a caucus or convention at which temporary officers
shall be elected and a party name designated. The designated name
shall not be so similar to the name of an existing party so as to
mislead the voters, and shall not conflict with that of any existing
party or political body that has previously filed notice pursuant to
subdivision (b).
(b) Filing formal notice with the Secretary of State that the
political body has organized, elected temporary officers, and
declared an intent to qualify a political party pursuant to Section
5100. The notice shall include the names and addresses of the
temporary officers of the political body.

5002. Upon receipt of the notice specified in Section 5001, the
Secretary of State shall notify each county elections official of the
name of the political body and its intent to qualify as a political
party.
In preparing the statement of voters and their political
affiliations, the county elections officials shall tabulate by
political affiliation the affidavits of registration of members of
political parties qualified pursuant to Section 5100, and political
bodies formally declaring an intent to qualify as political parties
pursuant to Section 5001. All other affidavits of registration,
except those of persons declining to state a political affiliation,
shall be tabulated as miscellaneous registrations.

5003. A political body within the first 70 days after filing the
formal notice required by Section 5001 is entitled, upon request to
the Secretary of State, to have counted toward its qualification as a
political party affidavits of registration in which voters declared
affiliation with the political body prior to the date the political
body filed the formal notice with the Secretary of State.

5004. If by the 135th day before any primary election, a political
body filing notice pursuant to Section 5001 has not qualified as a
political party pursuant to Section 5100, the political body shall be
considered to have abandoned its attempt to qualify as a political
party and shall be ineligible to participate in the following
primary.

5005. Until otherwise provided for by statute, a political party
newly qualified pursuant to Section 5100 shall carry on its
activities in accordance with procedures applicable to any other
political party that has detailed statutory provisions applicable to
its operation as shall be designated by the newly qualified party.
The temporary officers of the newly qualified political party elected
pursuant to Section 5001 shall file notice of its selection with the
Secretary of State not later than 30 days after the political party
qualifies.

5006. Any political party newly qualifying pursuant to Section 5100
shall conduct its presidential primary election in accordance with
procedures applicable to any other political party that has detailed
statutory provisions applicable to its presidential primary as shall
be designated by the newly qualified party.
If a newly qualified political party has not elected permanent
officers, the temporary officers shall notify the Secretary of State
of the designated procedures the party has selected for its
presidential primary, on or before the 125th day before the
presidential primary election.