SECTIONS 6840-6849 - California Statutes

ELECTIONS CODE

SECTION 6840-6849

6840. The number of delegates to be certified as elected from each
group of delegate candidates shall be the whole number nearest the
product obtained by multiplying the total number of delegates to be
elected by the ratio which that group's vote bears to the total of
votes cast for all those groups of delegates, with the following to
apply in order to adjust the total number of delegates certified to
the total number to which the state is entitled:
(a) If this procedure would result in a total number of delegates
being elected greater than the number to which the state is entitled,
the calculation outlined above shall be repeated using a total vote
cast for all groups of delegates that is sufficiently larger than the
actual total vote so as to give a total number of delegates elected
equal to the number to which the state is entitled.
(b) If this procedure would result in a total number of delegates
being elected smaller than the number to which the state is entitled,
the calculation outlined above shall be repeated using a total vote
cast for all groups of delegates that is sufficiently smaller than
the actual total vote so as to give a total number of delegates
elected equal to the number to which the state is entitled.
(c) If a tie renders unworkable the procedure for adjusting to the
proper delegate total outlined in subdivisions (a) and (b), those
delegate candidates so tied shall be certified as elected with a
fractional vote proportional to their group's total vote so that the
total number of delegates certified, including the fractional-vote
delegates, equals the number to which the state is entitled.

6841. The Secretary of State shall send, not more than three
business days after the presidential primary, to the chairperson of
each committee qualifying a group of candidates for national
convention delegates for the Peace and Freedom Party presidential
primary ballot a copy of the semiofficial canvass of the vote for
each of the group of delegates showing the vote for each group in
each county, the total statewide vote for each group, and the
tentative number of delegates which each group will be entitled to
have declared elected.

6842. Each group of candidates for delegate shall meet or confer
after the presidential primary and by majority vote shall determine
the order in which members of the group shall be certified as elected
by the Secretary of State. The order so determined shall commence
with a resident of either the northern or the southern territories,
and the names thereafter shall alternate between residents of the
northern and southern territories until the alternation is no longer
possible. The order so determined shall be certified to the Secretary
of State by the chairperson of the committee forming the group not
later than the 28th day after the election.

6843. The Secretary of State shall, not later than the 32nd day
after the election, file in her or his office a statement of the
canvassed returns for the Peace and Freedom Party presidential
preferential primary and the national convention delegate selection
election, compiled from the returns filed with the Secretary of State
by the county elections officials. The compiled statement shall
show, for each candidate or group, the total of the votes received,
the votes received in each county, and, in the case of a group, the
names of the candidates comprising that group.

6844. The Secretary of State shall, not later than the 32nd day
after the election, issue a certificate of election to as many
persons in each group as are entitled to be declared elected from
that group pursuant to Section 6840. The names certified from each
group shall be certified in the order in which they were specified by
the group pursuant to Section 6842. If no order was specified, the
Secretary of State shall certify as many persons from the group as
are entitled to be elected from the order in which the names of the
candidates appeared on the nomination paper of the group, with the
additional requirement that an equal number of names be selected of
persons residing in the northern and the southern territories, or, if
the number to be selected is odd, that one more person residing in
the territory with the greater portion of the state's registered
Peace and Freedom Party voters shall be certified than the number of
persons certified residing in the other territory. Certification of
any delegates to which a write-in candidate is entitled shall be made
within three business days of the receipt of the names of those
delegates pursuant to Sections 6846 and 6847.

6845. Any person who receives, by write-in vote, a sufficient
number of votes in the national convention delegate selection portion
of the Peace and Freedom Party presidential primary to be entitled
to one or more convention delegates pursuant to Section 6840, shall,
within 37 days after the primary election, file a list of as many
delegates as the person is entitled to with the Secretary of State.
The delegates selected shall meet the residence distribution
requirement specified in Section 6763 and shall be voters registered
as affiliated with the Peace and Freedom Party in California.

6846. If a write-in candidate fails to file the list of delegates
pursuant to Section 6845, the state central committee of the party
shall, within 10 days of the end of the 31-day period specified in
Section 6845, file a list of those delegates with the Secretary of
State. Any delegates so certified by the state central committee
shall attend the convention unpledged to any candidate.

6847. The elected delegates may, if they desire, meet or confer
prior to attending the convention to select a chairperson of the
delegation and to fill any vacancies in the office of delegate or
alternate.

6848. The alternate of any delegate who is unable to attend the
convention shall attend the convention in the place of the delegate
and shall otherwise discharge the duties of that delegate. An
alternate shall not vote in the place of the delegate whom the
alternate represents when the delegate is occupying her or his seat
at the convention.

6849. The Secretary of State shall, as soon as practicable, certify
to the chairperson of the state central committee and to the
chairperson of each party county central committee of record, the
final list of national convention delegates.