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HomeElections CodeDiv. 13Ch. 2§ 13102 Primary Election Ballot Rules

§ 13102 Primary Election Ballot Rules

Elections Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
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§ 13102 Primary Election Ballot Rules

This law says all voting must be done with paper ballots, and it tells how to give the right kind of ballot to voters who do or don’t say which party they belong to.

Key Takeaways

  • •Every election uses paper ballots.
  • •If you haven’t told the state a party you like, you get a non‑partisan ballot unless you ask for a party ballot and that party allows it.
  • •Parties must tell the Secretary of State about any rule that lets secret‑preference voters use their ballot at least 135 days before the primary.

Example

Maria goes to vote in a primary election but she never told anyone which party she likes.

Because Maria didn’t register a party, the election office will give her a non‑partisan ballot unless she asks for a party’s ballot and that party has a rule that lets people who keep their party secret use its ballot.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 13102 Primary Election Ballot Rules

(a) All voting shall be by ballot. There shall be provided, at each polling place, at each election at which public officers are to be voted for, but one form of ballot for all candidates for public office, except that, for partisan primary elections, one form of ballot shall be provided for each qualified political party as well as one form of nonpartisan ballot, in accordance with subdivision (b). (b) At partisan primary elections, each voter not registered disclosing a preference for any one of the political parties participating in the election shall be furnished only a nonpartisan ballot, unless the voter requests a ballot of a political party and that political party, by party rule duly noticed to the Secretary of State, authorizes a person who has declined to disclose a party preference to vote the ballot of that political party. The nonpartisan ballot shall contain only the names of all candidates for nonpartisan offices, voter-nominated offices, and measures to be voted for at the primary election. Each voter registered as preferring a political party participating in the election shall be furnished only a ballot for which the voter disclosed a party preference in accordance with Section 2151 or 2152 and the nonpartisan ballot, both of which shall be printed together as one ballot in the form prescribed by Section 13207. (c) A political party may adopt a party rule in accordance with subdivision (b) that authorizes a person who has declined to disclose a party preference to vote the ballot of that political party at the next ensuing partisan primary election. The political party shall notify the party chair immediately upon adoption of that party rule. The party chair shall provide written notice of the adoption of that rule to the Secretary of State not later than the 135th day before the partisan primary election at which the vote is authorized. (d) The county elections official shall maintain a record of which political party’s ballot was requested pursuant to subdivision (b), or whether a nonpartisan ballot was requested, by each person who declined to disclose a party preference. The record shall be made available to any person or committee who is authorized to receive copies of the printed roster for primary and general elections pursuant to Section 2184. A record produced pursuant to this subdivision shall be made available in either a printed or electronic format, as requested by the authorized person or committee. (Amended by Stats. 2019, Ch. 497, Sec. 106. (AB 991) Effective January 1, 2020.)

Last verified: January 10, 2026

Key Terms

ballotpartisan primary electionsnonpartisan ballotpolitical partySecretary of State

Related Statutes

  • § 6341 Candidate Ballot Withdrawal Notice
  • § 11104 Recall Petition Signature Reports
  • § 11107 Petition Examination Certification
  • § 11108 Recall Petition Signature Withdrawal
  • § 11109 Signature Certification Process

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Elections Code. Section 13102.
View Official Source