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HomeElections CodeDiv. 13Ch. 4§ 13309 Indigent Candidate Fee Waiver

§ 13309 Indigent Candidate Fee Waiver

Elections Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 13309 Indigent Candidate Fee Waiver

This law says that if a candidate says they can't afford the fee to file a candidate statement, they must give the local agency a financial statement so the agency can decide if they really can’t pay.

Key Takeaways

  • •A candidate who claims indigence must submit a financial‑worth statement with their candidate statement.
  • •The local agency decides if the candidate is truly indigent and tells the candidate the result.
  • •If not indigent, the candidate has three days (excluding weekends/holidays) to pay the fee or withdraw the statement.
  • •If indigent, the agency prints and mails the statement for free, but can later bill the candidate for the actual cost.

Example

Jane wants to run for city council but says she doesn’t have enough money to pay the filing fee.

Jane fills out the agency’s financial‑worth form and sends it with her candidate statement. The agency looks at her income, property, and debts. If the agency decides she isn’t indigent, Jane has three business days (not counting weekends or holidays) to either pay the fee or pull her statement. If the agency decides she is indigent, they print and mail her statement for free, but they can later bill her a share of the actual cost.

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

Official Source
View on CA.gov

§ 13309 Indigent Candidate Fee Waiver

(a) Notwithstanding Section 13307, if a candidate alleges to be indigent and unable to pay in advance the requisite fee for submitting a candidate statement, the candidate shall submit to the local agency a statement of financial worth to be used in determining whether or not he or she is eligible to submit a candidate statement without payment of the fee in advance. (b) The statement of financial worth required by this section shall be submitted by the candidate together with his or her candidate statement in accordance with the deadline specified in Section 13307. The statement of financial worth form shall be furnished by the local agency, and may include questions relating to the candidate’s employer, income, real estate holdings, tangible personal property, and financial obligations. The candidate shall certify the content of the statement as to its truth and correctness under penalty of perjury. The candidate shall also sign a release form of the candidate’s most recent federal income tax report. (c) Upon receipt of a statement of financial worth, a determination shall be made by the local agency of whether or not the candidate is indigent. The local agency shall notify the candidate of its findings. (d) If it is determined that the candidate is not indigent, the candidate shall, within three days of the notification, excluding Saturdays, Sundays, and state holidays, withdraw the statement or pay the requisite fee. If the candidate fails to respond within the time prescribed, the local agency shall not be obligated to print and mail the statement. (e) If the local agency determines that the candidate is indigent, the local agency shall print and mail the statement. (f) Nothing in this section shall prohibit the local agency from billing the candidate his or her actual pro rata share of the cost after the election. (Amended by Stats. 2013, Ch. 560, Sec. 11. (AB 1417) Effective January 1, 2014.)

Last verified: January 10, 2026

Key Terms

indigentstatement of financial worthlocal agencycandidate statementrequisite fee

Related Statutes

  • § 13310 Election Candidate Statement Waiver
  • § 11300 Officer Petition Refiling Rule
  • § 11301 Petition Signature Examination Rules
  • § 11302 Recall Election After Vacancy
  • § 11303 Recall Petition Signature Withdrawal

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Elections Code. Section 13309.
View Official Source