Except as provided in subdivision (b) of Section 8142, only the candidates for a voter-nominated office who receive the highest or second highest number of votes cast at the primary election shall appear on the ballot as candidates for that office at the ensuing general election. More than one candidate with the same party preference designation may participate in the general election pursuant to this subdivision. Notwithstanding the designation made by the candidate pursuant to Section 8002.5, no candidate for a voter-nominated office shall be deemed to be the official nominee for that office of any political party, and no party is entitled to have a candidate with its party preference designation participate in the general election unless that candidate is one of the candidates receiving the highest or second highest number of votes cast at the primary election.
Cal. Elec. Code § 8141.5
Nominated Candidates
Applied in 1 court decision — leading case 233 Cal. App. 4th 1128 - Rubin v. Padilla (2015)
Most recently applied in 233 Cal. App. 4th 1128 - Rubin v. Padilla (January 2015)
Amended by Stats. 2012, Ch. 3, Sec. 21
Official source: California Legislative Information. Reproduced from public-domain California statutes; confirm against the official source for the current text. Not legal advice.