Elections Code section 13118

The following rules apply when a person who is a candidate for an office believes that another person with a name that is so similar that it may be confused with the candidate’s name has filed or will file a nomination paper for the same office:

(a)

The candidate may, at the time of filing the candidate’s nomination paper, or within five days after the time for filing nomination papers has expired, file with the elections official a statement that shall be in substance as follows:
“I ____, believe that another person, whose name is so similar to mine that it may be confused with mine, has filed or will file a nomination paper for the same office for which I have filed a nomination paper, and I therefore request and direct that the elections official assign a number to each candidate with a similar name to be printed on the ballot as a distinguishing mark.
Name
Candidate for the office
of ”

(b)

The distinguishing mark shall be a number, commencing with the number “1” and continuing in numerical sequence until each candidate with a similar name has been assigned a distinguishing number, and shall be printed at the right of the name on the ballot.

(c)

The first candidate who filed the candidate’s nomination papers shall have the number “1” and each subsequent candidate, based on the time of filing the candidate’s nomination papers, shall be assigned the next number in numerical sequence.

(d)

In addition to the designated numbers that the elections official shall place on the ballot when the above conditions are met, the elections official shall place on the ballot, immediately preceding the names of the candidates to be voted upon, or on the contest header if there is not sufficient space immediately preceding the name, the following warning:
“Warning! There are two (or applicable number) candidates for this office with identical names.”
This warning shall also be included, in a prominent manner, on any state voter information guide, county voter information guide, or other mailing sent by the elections official, before the election, to persons eligible to vote for this office.

(e)

To determine the order on the ballot for the candidates with similar names, the elections official shall conduct a drawing of the numbers assigned to the candidates in a similar manner as provided for in Section 13112.

Source: Section 13118, https://leginfo.­legislature.­ca.­gov/faces/codes_displaySection.­xhtml?lawCode=ELEC§ionNum=13118.­ (accessed May 4, 2025).

Last Updated

Apr. 24, 2025

§ 13118’s source at ca​.gov