SECTIONS 5100-5102 - California Statutes

ELECTIONS CODE

SECTION 5100-5102

5100. A party is qualified to participate in any primary election
under any of the following conditions:
(a) If at the last preceding gubernatorial election there was
polled for any one of its candidates for any office voted on
throughout the state, at least 2 percent of the entire vote of the
state.
(b) If on or before the 135th day before any primary election, it
appears to the Secretary of State, as a result of examining and
totaling the statement of voters and their political affiliations
transmitted to him or her by the county elections officials, that
voters equal in number to at least 1 percent of the entire vote of
the state at the last preceding gubernatorial election have declared
their intention to affiliate with that party.
(c) If on or before the 135th day before any primary election,
there is filed with the Secretary of State a petition signed by
voters, equal in number to at least 10 percent of the entire vote of
the state at the last preceding gubernatorial election, declaring
that they represent a proposed party, the name of which shall be
stated in the petition, which proposed party those voters desire to
have participate in that primary election. This petition shall be
circulated, signed, verified and the signatures of the voters on it
shall be certified to and transmitted to the Secretary of State by
the county elections officials substantially as provided for
initiative petitions. Each page of the petition shall bear a caption
in 18-point boldface type, which caption shall be the name of the
proposed party followed by the words "Petition to participate in the
primary election."

5100.5. (a) Upon the occurrence of the gubernatorial election, each
party shall have its qualifications reviewed by the Secretary of
State. A party that does not meet the standards for qualification set
forth in Section 5100 shall be prohibited from participating in any
primary election. A party shall maintain its qualification to
participate in any subsequent primary election by complying with any
of the conditions specified in Section 5100.
(b) A party seeking qualification under provisions of this section
and subdivision (b) or (c) of Section 5100 shall file formal notice
with the Secretary of State that the party intends to regain
qualification.
(c) Unless formal notice as required in subdivision (b) is timely
received by the Secretary of State, he or she may have the name of
the party omitted from any list, notice, ballot, or other publication
containing the names of the parties qualified or seeking
qualification that the Secretary of State may cause to be printed or
published.
(d) For purposes of subdivision (b) of Section 8001, this section
shall only be applicable to a party that has successfully obtained
that status for the first time after having been a political body,
and shall not apply to a political party that has been disqualified.

5101. Whenever the registration of any party that qualified in the
previous direct primary election falls below one-fifteenth of 1
percent of the total state registration, that party shall not be
qualified to participate in the primary election but shall be deemed
to have been abandoned by the voters. The Secretary of State shall
immediately remove the name of the party from any list, notice,
ballot, or other publication containing the names of the parties
qualified to participate in the primary election.

5102. No party shall be recognized or qualified to participate in
any primary election that either directly or indirectly carries on,
advocates, teaches, justifies, aids, or abets the overthrow by any
unlawful means of, or that directly or indirectly carries on,
advocates, teaches, justifies, aids, or abets a program of sabotage,
force and violence, sedition or treason against, the government of
the United States or of this state.