Elections Code section 8165
(a)
Notwithstanding paragraph (2) of subdivision (a) of Section 13107, a candidate for the office of Representative in Congress shall not choose the word “incumbent” as a designation to appear on the ballot. This subdivision shall not be construed to prevent a candidate from choosing a designation of the elective office which the candidate holds at the time of filing the nomination documents, to which the candidate was elected by vote of the people in accordance with paragraph (1) of subdivision (a) of Section 13107.(b)
(1)Section 8022, as it pertains to the office of Representative in Congress, shall not be operative.(2)
Notwithstanding Section 8020 or any other law, a person shall have until 5 p.m. on the 83rd day before the statewide direct primary election to file nomination documents for the office of Representative in Congress, if either of the following is true:(A)
No person who currently holds the office of Representative in Congress delivered nomination documents for that district by 5 p.m. on the 88th day before the statewide direct primary election.(B)
Every person who currently holds the office of Representative in Congress who delivered nomination documents for that district by 5 p.m. on the 88th day before the statewide direct primary election also withdrew those nomination documents before 5 p.m. on the 88th day before the statewide direct primary election.(c)
This section shall become operative only if Assembly Constitutional Amendment 8 of the 2025–26 Regular Session is approved by the voters and takes effect, and subdivision (b) of Section 4 of Article XXI of the California Constitution, as added by that constitutional amendment, becomes operative.
Source:
Section 8165, https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=ELEC§ionNum=8165. (updated Aug. 21, 2025; accessed Sep. 1, 2025).
