Salaries and Qualifications
See Appendix A of this guide to see the required qualifications that candidates must meet for each office up for election.
Notice to Candidates about Filing for Multiple Offices in a Primary Election
No person may file nomination papers for a party nomination and an independent nomination for the same office, or for more than one office at the same election. ( Cal. Elec. Code §8003(b )).
Pursuant to California Election Code §8000, this does not apply to recall elections, presidential primary, the nomination of officers of cities or counties whose charters provide a system for nominating candidates for those offices, the nomination of officers for any district not formed for municipal purposes, the nomination of officers for general law cities, or the nomination of school district officers. Pursuant to California Election Code §10603(c) for school district offices, no person shall file nomination papers for more than one district office, including a county board of education office, at the same election.
Notice to Candidates Regarding Incompatible Offices
The Political Reform Act does not prohibit a person from holding multiple public offices either within a single agency or different agencies. In addition, there are no provisions of the Act that preclude a person from seeking more than one elective office in a single election, or from serving in more than one elective office at any one time. Government Code §1099 codifies the common law prohibition against the holding of “incompatible offices.” This doctrine restricts the ability of a public officer to hold two different public offices simultaneously if the offices have overlapping and conflicting public duties. For this section to apply, each position must be a “public office.” (Gov. Code §1099(c)) . Pursuant to Government Code §1099, a person may not simultaneously hold two public offices if: either of the offices exercises a supervisory, auditing, or removal power over the other office or body; there is a significant clash of duties or loyalties between the offices; or there are public policy considerations that make it improper. The consequence of holding an incompatible office is that the person is “deemed to have forfeited the first office upon acceding to the second” (Gov. Code §1099(b)). In addition, the California Constitution has provisions addressing the holding of two government positions. The State of California Attorney General's office has issued numerous opinions on the subject, which are available on the Attorney General’s website. If you have a question about whether two public offices you hold or seek to hold would be considered incompatible offices, contact the Attorney General's office or visit their website, https://oag.ca.gov/.
For further information regarding conflict of interest or incompatibility of offices, visit the Fair Political Practices Commission’s website at https://www.fppc.ca.gov/.
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