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California Elections Code Section 13118

Legal Research Home > California Lawyer > Elections Code > California Elections Code Section 13118

The following rules apply whenever any person who is a
candidate for any office believes that some other person with a name
that is so similar that it may be confused with his or her name has
filed or will file a nomination paper for the same office:
   (a) The candidate may, at the time of filing his or her nomination
paper, or within five days after the time for filing nomination
papers has expired, file with the county elections official a
statement that shall be in substance as follows:

   "I ____, believe that some other person, whose name is so similar
to mine that it may be confused with mine, has filed or will file a
nomination paper for the same office for which I have filed a
nomination paper, and I therefore request and direct that number ____
be printed with my name on the ballot as a distinguishing mark.
             __________________
                    Name
             Candidate for the
             office of _______"

   (b) The distinguishing mark shall be a number and shall be printed
in large boldface type at the left of the name on the ballot.
   (c) If two or more candidates for the same office designate the
same distinguishing number, the first candidate who filed his or her
nomination papers shall have the number, and other candidates who
designate the same number may file papers designating other
distinguishing numbers.
   (d) In addition to the designated number or numbers that the
county elections official shall place on the ballot when the above
conditions are met, he or she shall place on the ballot, immediately
following the designation of the office and immediately preceding the
names of the candidates to be voted upon, the following warning in
boldface type:

"Warning!  There are two (or applicable number) candidates for this
office with identical names."

This warning shall also be included, in boldface type and in a
prominent manner, on any sample ballot, ballot pamphlet, or other
mailing sent by the county elections official, prior to the election,
to persons eligible to vote for this office.

Last modified: January 12, 2009