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HomeElections CodeDiv. 0.5Ch. 3§ 202 Military Candidate Filing Rights

§ 202 Military Candidate Filing Rights

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

§ 202 Military Candidate Filing Rights

A deployed service member who cannot be present to file candidacy or nomination papers can have an attorney file them using a written power of attorney, provided the power includes the office sought, district number, a statement of qualifications and acceptance, and is filed with the paperwork.

Key Takeaways

  • •Deployed service members can use a written power of attorney to file candidacy paperwork.
  • •The power must specify the office and district and confirm the candidate's qualifications and acceptance.
  • •The original or a copy of the power of attorney must be filed with the declaration or paper.

Example

A National Guard member is stationed overseas and wants to run for a city council seat that represents District 5. Because they cannot travel back to file the paperwork, they give a lawyer a signed power of attorney that names District 5, confirms they meet all qualifications, and promises to accept the nomination.

The lawyer uses the power of attorney to submit the candidate's declaration of candidacy to the city clerk. The clerk receives the original signed power of attorney attached to the filing, satisfying the law.

How to Calculate

No mathematical formula is specified in the statute.

  1. Identify the office and district the deployed person wants to run for.
  2. Confirm the deployed person meets all statutory and constitutional qualifications.
  3. Include a statement that the deployed person will accept the nomination and will not withdraw.
  4. Attach the original or a copy of the signed power of attorney to the filed declaration or paper.

A deployed soldier wants to run for State Assembly, District 24.

Result: Power of attorney is prepared, signed by the soldier, and filed with the candidate's declaration, allowing the lawyer to complete the filing on the soldier's behalf.

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

Official Source
View on CA.gov

§ 202 Military Candidate Filing Rights

Notwithstanding any other law, a person who is deployed on active military service outside of the state 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, commissioned and empowered in writing for that purpose through a power of attorney. At the time of filing the declaration or paper, the attorney-in-fact shall present the original power of attorney duly signed by the deployed person. The power of attorney shall state the office that the deployed person is seeking, including the district number, if any, and shall include a declaration that the deployed person meets the statutory and constitutional qualifications for office that he or she is seeking and that if nominated, the deployed person will accept the nomination and will not withdraw. The power of attorney shall further state that the power of attorney is solely for the purpose of authorizing the attorney-in-fact to file a declaration or paper necessary to run for office. The original or a copy of the power of attorney shall be filed with and attached to the declaration or paper. (Added by Stats. 2011, Ch. 57, Sec. 1. (AB 754) Effective January 1, 2012.)

Last verified: January 10, 2026

Key Terms

active military serviceattorney-in-factpower of attorneydeclaration of candidacynomination paper

Related Statutes

  • § 18202 Candidate Filing Violations
  • § 18203 False Candidate Filing Penalty
  • § 18204 Candidacy Paper Suppression Penalty
  • § 18201 Nomination Paper Fraud Penalties
  • § 200 Candidate Oath Requirement

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Elections Code. Section 202.
View Official Source