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California Election Nominations

Any other oath, declaration, or test, to be required as a qualification for any public office or employment is prohibited

By Chris Micheli, January 18, 2022 6:48 am

The California Elections Code provides for nominations in Chapter 3 of Division 0.5. There are three short sections contained in Chapter 3. Section 200 requires the declaration of candidacy for any primary or final election to provide “in full” the oath or affirmation set forth in Article XX, Section 3.

California’s Constitution, in Article XX (“Miscellaneous Subjects”), Section 3 requires Members of the Legislature, as well as all public officers and employees of the executive, legislative, and judicial, branches, before they enter upon the duties of their respective offices, to take and subscribe the following oath or affirmation:

 “I, ___________, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States and the Constitution of the State of California against all enemies, foreign and domestic; that I will bear true faith and allegiance to the Constitution of the United States and the Constitution of the State of California; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties upon which I am about to enter.

 “And I do further swear (or affirm) that I do not advocate, nor am I a member of any party or organization, political or otherwise, that now advocates the overthrow of the Government of the United States or of the State of California by force or violence or other unlawful means; that within the five years immediately preceding the taking of this oath (or affirmation) I have not been a member of any party or organization, political or otherwise, that advocated the overthrow of the Government of the United States or of the State of California by force or violence or other unlawful means except as follows:

_____ (If no affiliations, write in the words “No Exceptions”) _____

and that during such time as I hold the office of _____ (name of office) _____

I will not advocate nor become a member of any party or organization, political or otherwise, that advocates the overthrow of the Government of the United States or of the State of California by force or violence or other unlawful means.”

Moreover, Section 3 prohibits any other oath, declaration, or test, to be required as a qualification for any public office or employment.

Elections Code Section 201 provides that no individual is eligible to be elected or appointed to an elective office unless that person is a registered voter and otherwise qualified to vote for that office at the time that nomination papers are issued to the person or at the time of the person’s appointment.

Finally, Section 202 specifies that a person who is deployed on active military service outside of California and is unable to appear to file a declaration of candidacy, nomination paper, or any other paper necessary to run for office may have that declaration or paper completed and filed by an attorney-in-fact.

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One thought on “California Election Nominations

  1. Aren’t members of the Democrat cabal in the legislature failing to uphold their oath or affirmation as stated in California’s Constitution?

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