SECTIONS 5200 - California Statutes

ELECTIONS CODE

SECTION 5200

5200. Not less than 123 days before a primary election, the
Secretary of State shall, with the advice and consent of the Attorney
General, determine which parties are disqualified to participate in
any primary election under Section 5102. If it is proposed to
disqualify a party that was qualified to participate in the next
preceding direct primary, notice of intention to disqualify shall be
served by registered mail on the chairperson of the state central
committee of the party, as shown by the records of the Secretary of
State. In any event, notice of intention to disqualify shall be given
in each county of the state by publication pursuant to Section 6061
of the Government Code. If there is no newspaper of general
circulation printed and published in any county, publication shall be
made in a newspaper of general circulation printed and published in
an adjoining county.
If the party desires a hearing on the notice of intention to
disqualify, it shall, within 10 days after service by mail or within
10 days after the last date upon which the notice was published in
any county, whichever is later, file an affidavit in the Supreme
Court under Section 13314 setting forth facts showing that the
political party is not disqualified to participate in any primary
election under Section 5102. If the party does not file the affidavit
within the time specified, the notice of intention to disqualify
shall constitute final disqualification. Before the affidavit is
filed, a copy shall be personally served on the Secretary of State.
When filed, the matter shall be set for return in not more than 10
days and shall have priority over any other pending cases.
In connection with proceedings in the Supreme Court under this
section, the Legislature hereby declares its intent to create a
speedy and expeditious method for judicial determination of the vital
questions involved, and urges the Supreme Court to accept
jurisdiction in any such proceeding. The Legislature further urges
that the court instruct any referee before whom the taking of
evidence is ordered to report back to the court in sufficient time so
that the court's final order may be made effective on or before the
80th day before the primary election.