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CA Senate Bill 25


State: California
Signed: June 29, 2023

Effective: January 01, 2024
Chapter: 26

Senate Bill 25 authorizes a candidate who will not be present in California during the nomination period to appear before a Notary of another state to complete the declaration of candidacy.
Amends Section 8040 of the Elections Code.
  1. Authorizes a candidate who will not be in California during the entire nomination period to appear before a Notary Public of another state to complete the declaration of candidacy.
  2. Provides that in performing the notarial act on the declaration of candidacy, an out-of-state Notary shall complete a notarial certificate form that complies with the law of the Notary’s state.
  3. Corrects the statutory jurat form in Elections Code 8040 with the proper form as found in Government Code 8202 so that a California Notary could properly complete it.

The bill author stated the need for Senate Bill 25 as follows: “Requiring candidates for statewide office to file their declaration of candidacy physically in California is generally not a problem. However, unavoidable circumstances sometimes arise, such as a family emergency or a significant medical event, which require candidates to be [temporarily] located outside of California during the time period they are required to declare their candidacy. SB 25 ensures the law allows flexibility for these situations by allowing candidates to submit their declaration of candidacy with a U.S. notary public if they are unable to be physically present in California” (Assembly Elections Committee Bill Analysis June 7, 2023).

Last year the NNA was contacted by a California attorney who lamented the fact that his responsibilities as legal counsel required him to be outside California during the nomination period, and thus he could not file the declaration of candidacy in person in California as required.

In supporting this legislation, the NNA was interested in making the declaration of candidacy forms easier for Notaries to use. For California Notaries, this meant amending the candidacy declaration form with the proper statutory jurat certificate that is prescribed by Government Code 8202(d). For Notaries of other states, this meant having the statute allow them to complete a notarial certificate that complied with the laws of their state.

Read Senate Bill 25.