Current through Register 2024 Notice Reg. No. 38, September 20, 2024
Proposed ballot designations submitted pursuant to Elections
Code §13107,
subdivision (a)(3), shall be subject to the following provisions:
(a) The terms "profession," "vocation," or
"occupation," as those terms are used in Elections Code §13107,
subdivision (a)(3), are defined as follows:
(1) "Profession" means a field of employment
requiring special education or skill and requiring knowledge of a particular
discipline. The labor and skill involved in a profession is predominantly
mental or intellectual, rather than physical or manual. Recognized professions
generally include, but are not limited to, law, medicine, education,
engineering, accountancy, and journalism. Examples of an acceptable designation
of a "profession," as defined in Elections Code §13107,
subdivision (a)(3), include, but are not limited to, "attorney," "physician,"
"accountant," "architect," and "teacher."
(2) "Vocation" means a trade, a religious
calling, or the work upon which a person, in most but not all cases, relies for
his or her livelihood and spends a major portion of his or her time. As
defined, vocations may include, but are not limited to, religious ministry,
child rearing, homemaking, elderly and dependent care, and engaging in trades
such as carpentry, cabinetmaking, plumbing, and the like. Examples of an
acceptable designation of a "vocation," as defined in Elections Code §13107,
subdivision (a)(3), include, but are not limited to, "minister," "priest,"
"mother," "father," "homemaker," "dependent care provider," "carpenter,"
"plumber," "electrician," and "cabinetmaker."
(3) "Occupation" means the employment in
which one regularly engages or follows as the means of making a livelihood.
Examples of an acceptable designation of an "occupation," as defined in
Elections Code §13107,
subdivision (a)(3), include, but are not limited to, "rancher," "restaurateur,"
"retail salesperson," "manual laborer," "construction worker," "computer
manufacturing executive," "military pilot," "secretary," and "police
officer."
(b)
"Principal," as that term is used in Elections Code §13107,
subdivision (a)(3), means a substantial involvement of time and effort such
that the activity is one of the primary, main or leading professional,
vocational or occupational endeavors of the candidate. The term "principal"
precludes any activity which does not entail a significant involvement on the
part of the candidate. Involvement which is only nominal, pro forma, or titular
in character does not meet the requirements of the statute.
(1) If a candidate is licensed by the State
of California to engage in a profession, vocation or occupation, the candidate
is entitled to consider it one of his or her "principal" professions, vocations
or occupations if (i) the candidate has maintained his or her license current
as of the date he or she filed his or nomination documents by complying with
all applicable requirements of the respective licensure, including the payment
of all applicable license fees and (ii) the status of the candidate's license
is active at the time he or she filed his or her nomination
documents.
(2) A candidate who
holds a professional, vocational or occupational license issued by the State of
California may not claim such profession, vocation or occupation as one of his
or her "principal" professions, vocations or occupations if (i) the candidate's
licensure status is "inactive" at the time the candidate files his or her
nomination document, or (ii) the candidate's license has been suspended or
revoked by the agency issuing the license at the time the candidate files his
or her nomination documents.
(c) In order for a ballot designation
submitted pursuant to Elections Code §13107,
subdivision (a)(3), to be deemed acceptable by the Secretary of State, it must
accurately state the candidate's principal professions, vocations or
occupations, as those terms are defined in subdivisions (a) and (b) herein.
Each proposed principal profession, vocation or occupation submitted by the
candidate must be factually accurate, descriptive of the candidate's principal
profession, vocation or occupation, must be neither confusing nor misleading,
and must be in full and complete compliance with Elections Code §13107 and
the regulations in this Chapter.
(d) If the candidate is engaged in a
profession, vocation or occupation at the time he or she files his or her
nomination documents, the candidate's proposed ballot designation is entitled
to consist of the candidate's current principal professions, vocations and
occupations. In the event the candidate does not have a current principal
profession, vocation or occupation at the time he or she files his or her
nomination documents, the candidate may use a ballot designation consisting of
his or her principal professions, vocations or occupations, which the candidate
was principally engaged in during the calendar year immediately preceding the
filing of the candidate's nomination papers.
(e) A candidate may engage in multiple
principal professions, vocations or occupations. Accordingly, the candidate may
designate multiple principal professions, vocations or occupations. If a
candidate proposes a ballot designation including multiple principal
professions, vocations or occupations, the proposed ballot designation must
comply with the following provisions:
(1) The
proposed ballot designation must comply with the three-word limitation
specified in Elections Code §13107,
subdivision (a)(3), and as implemented pursuant to subdivision (f)
herein.
(2) Each such proposed
profession, vocation or occupation shall be separately considered by the
Secretary of State and must independently qualify as a "principal" profession,
vocation or occupation, as that term is defined pursuant to subdivision (b)
herein.
(3) When multiple
professions, vocations or occupations are proposed as a ballot designation,
they shall be separated by a slash ("/"). An example of an acceptable
designation would be "Legislator/Rancher/Physician."
(f) Pursuant to Elections Code §13107,
subdivision (a)(3), the candidate's ballot designation shall be limited to not
more than three (3) words. The following rules shall govern the application of
the three-word limitation:
(1) The proposed
ballot designation shall be grammatically correct, generic, and all words must
be spelled correctly.
(2)
Punctuation shall be limited to the use of a comma (e.g., District Attorney,
Los Angeles County) and a slash (e.g., Legislator/Rancher/Physician), pursuant
to subdivision (e) of this section. A hyphen may be used if, and only if, the
use of a hyphen is called for in the spelling of a word as it appears in a
standard reference dictionary of the English language, which was published in
the United States at any time within the 10 calendar years immediately
preceding the election for which the words are counted.
(3) All California geographical names shall
be considered to be one word and shall be limited to the names of cities,
counties and states. The names of special districts and political subdivisions
are not "geographical names," as that term is used in Elections Code §13107,
subdivision (a)(3). If the candidate desires, the geographical name may be used
in the form of "City of ... ," "County of ... ," or "City and County of ..."
Examples of geographical names considered to be one word include Tehama County,
Los Angeles County and County of Sacramento. Examples of designations
containing a special district or political subdivision that are not
geographical names include "Butte County Rural Fire District Captain,"
"Huntington Beach Unified School District President," and "South Bay Irrigation
District Director."
(4) An acronym
shall be counted as one word.
(g) A candidate who chooses to include the
name of his or her elective office with another profession, vocation, or
occupation may do so pursuant to Elections Code section
13107(a)(3),
but that ballot designation shall be limited to no more than three words.
Examples of acceptable designations under this section include "State
Senator/Rancher," "California Assemblywoman/Attorney," "County
Supervisor/Teacher," and "State Controller/Businessman." Examples of
unacceptable designations under this section include "Assemblyman, 57th
District/Educator," "California State Senator/Architect," "Placer County
Supervisor/Business Owner," and "Member, Board of
Equalization/Banker."
1. New section
filed 1-14-98; operative 1-14-98 pursuant to Government Code section
11343.4(d)
(Register 98, No. 3).
2. Amendment of subsections (a)(1), (c) and
(f)(2)-(3), new subsection (g) and amendment of NOTE filed 12-21-2009;
operative 12-21-2009 pursuant to Government Code section
11343.4
(Register 2009, No. 52).
Note: Authority cited: Section
12172.5,
Government Code. Reference: Sections
9 and
13107,
Elections Code.
