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Home My WebLink About8.1 Ballot Designation Guidelines for Local Elections STAFF REPORT CITY COUNCIL Page 1 of 2 Agenda Item 8.1 DATE: September 2, 2025 TO: Honorable Mayor and City Councilmembers FROM: Colleen Tribby, City Manager SUBJECT: Ballot Designation Guidelines for Local Elections Prepared by: Marsha Moore, MMC, City Clerk EXECUTIVE SUMMARY: The City Council will consider approving Ballot Designation Guidelines that incorporate by reference all applicable federal, state, and local laws, regulations, and standards as they may be amended from time to time. STAFF RECOMMENDATION: Adopt the Resolution Approving Ballot Designation Guidelines for Local Elections. FINANCIAL IMPACT: None. DESCRIPTION: Candidates for elected office can place a ballot designation with their name on the ballot. The ballot designation is optional and may appear under a candidate’s name on the ballot conveying the candidate’s occupation (CA Election Code §13107(a)). The ballot designations can have an impact on the voters’ perception of candidates , and the Elections Official (City Clerk) must determine that the ballot designation does not mislead the voters or violate the law. In recent election cycles, specific questions have arisen regarding ballot designation s and occasionally, the City Clerk has been required to make determinations about certain ballot designations. Section 13107 of the Election Code is the controlling regulation for ballot designations and provides four categories which candidates may choose only from one of them. The categories are: (1) Title of Current Elective Office; (2) Incumbent; (3) Appointed Incumbent; and (4) Professions, Vocations, and Occupations. In addition to the Election Code, the Secretary of 85 Page 2 of 2 State has adopted regulations related to ballot designations that are applicable only to state elected offices, and, while they are not directly applicable, the City Clerk, in consultation with the City Attorney, has considered those regulations when making determinations under Elections Code section 13107. Staff believes that it is in the interest of the residents of Dublin to provide cohesive guidance to help prospective candidates navigate the process of running for office and answer common questions that arise when choosing a ballot designation. The proposed guidelines (Attachment 2) establish clear, City Council-adopted guidelines that will assist the City Clerk’s decision making when otherwise debatable ballot-designation questions arise in the future. These guidelines are based on Elections Code 13107 and California Code Regulations, Title 2, Sections 20710-20719. The Resolution (Attachment 1) authorizes the City Clerk, with the concurrence of the City Attorney, to make administrative changes to the Guidelines under limited circumstances such as ensuring compliance with federal and state laws and regulations and making non- substantive editorial changes. All other changes would require City Council approval. STRATEGIC PLAN INITIATIVE: None. NOTICING REQUIREMENTS/PUBLIC OUTREACH: The City Council Agenda was posted. ATTACHMENTS: 1) Resolution Approving Ballot Designation Guidelines for Local Elections 2) Exhibit A to the Resolution - Ballot Designations Guidelines 86 Attachment 1 Reso. No. XX-25, Item X.X, Adopted XX/XX/2025 Page 1 of 1 RESOLUTION NO. XX - 25 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING BALLOT DESIGNATION GUIDELINES FOR LOCAL ELECTIONS WHEREAS, candidates for elected office can place a ballot designation with their name on the ballot; and WHEREAS, in recent election cycles residents have raised questions regarding ballot designations for prospective candidates; and WHEREAS, in addition to the state laws and regulations, it is in the interest of the residents and prospective candidates that the City provide additional guidance about potential ballot designations and what the City of Dublin has historically approved. NOW, THEREFORE, that the City Council of the City of Dublin does hereby resolve and order as follows: 1. The “Ballot Designations Guidelines” (the “Guidelines”) attached hereto as EXHIBIT A are hereby approved. 2. The City Clerk, with the concurrence of the City Attorney, is hereby authorized to make administrative updates to the Guidelines. “Administrative updates” means updates, modifications, and clarifications that (a) are necessary to ensure compliance with federal and state laws and regulations; (b) update statutory or regulatory citations; (c) incorporate new legal requirements to ensure that the Guidelines remain comprehensive; (d) clarify the procedural steps and requirements in the event of evident confusion; (e) make updates to guidelines based on new and updated best practices; and (f) make non-substantive editorial changes that do not alter the intent or scope of the Guidelines. PASSED, APPROVED AND ADOPTED this 2nd day of September 2025, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ______________________________ Mayor ATTEST: _________________________________ City Clerk 87 Ballot Designation Guidelines City of Dublin September 2025 Attachment 2 Exhibit A to the Resolution 88 1. Introduction and Purpose Serving as an elected official is both a honor and a big responsibility. City government works best when honest and caring people represent the residents as decision makers on the City Council. These Guidelines were prepared to help prospective candidates navigate initiation of the process and answer common questions, especially about choosing a ballot designation. Please note that the information contained herein is not exhaustive and is not legal advice. Prospective and active candidates are encouraged to review these materials thoroughly and then contact the Elections Official (City Clerk) and/or other agencies to obtain further information. 2. Initiation of Process To initiate the candidacy process, interested candidates should contact the Elections Official by phone, email, or in writing, to make an appointment and receive applicable documents. Interested candidates may be asked to complete a Candidate Application Form, which includes information including, but not limited to, a contact email address and phone number so the media and the public may contact the candidate. If a candidate cannot pick up nomination papers themselves, they may have someone with signed authorization receive the papers on their behalf. (CA Election Code §8020(b)). 3. Declaration of Candidacy Form A Declaration of Candidacy form must be completed in the office of the Elections Official or signed and witnessed by a registered notary public and filed in the office of the Election Official with all other required documents by the end of the nomination period. If using an out-of-state notary, a notarial certificate must be included. (CA Election Code §8040). A candidate may authorize in writing to have a person receive and deliver the Declaration of Candidacy on their behalf. The candidate must indicate that he or she is aware the Declaration must be properly executed and filed with the Election Official by the end of the nomination period. Candidates may not file a Declaration of Candidacy form for more than one term of office or for more than one municipal office at a time. (CA Election Code §8003(b), §10510(b), §10220.5). 4. Ballot designation Immediately under the name of each candidate upon the ballot may appear an optional “ballot designation” conveying the candidate’s occupation. (CA Election Code §13107(a)). a. Ballot Designations Strictly Regulated Ballot designations are strictly regulated by Elections Code and companion regulations because the designation can have a significant impact on the voters’ perception of candidates appearing on the ballot. A candidate’s ballot designation is often the last piece of information, and sometimes 89 the only piece of information, about a candidate that is considered by a voter before casting their vote. Determining that a candidate’s ballot designation would not mislead the voters or otherwise violate the law is a critical responsibility for the Elections Official. Even after being accepted by the Elections Official, ballot designations are subject to scrutiny by the media, the public, and opposing candidates and may be challenged in court. Therefore, candidates are strongly encouraged to review the full text of the applicable code sections and contact the Elections Official with questions prior to selecting a proposed designation. b. Ballot Designations are Optional A ballot designation is optional, but if a candidate chooses a designation, then they must indicate this on the Declaration of Candidacy form. If a candidate chooses not to have a designation, they should write “NONE” on the Declaration of Candidacy form where it asks for the designation and sign their initials after the word “NONE.” If a candidate chooses to have a designation, they must complete a Ballot Designation Worksheet. If a candidate does not choose a designation, then the worksheet is not required. (CA Election Code §13107(a)). c. Ballot designation worksheet Any candidate wishing to submit a ballot designation must submit a Ballot Designation Worksheet, including supporting documentation justifying the use of the designation. The Ballot Designation Worksheet provides room to propose up to three (3) ballot designations, in order of preference, in the event the Elections Official deems a candidate’s first choice impermissible. In the event a candidate fails to file a ballot designation worksheet at the time of filing nomination papers, or in the event the candidate proposes a designation that is not qualifying and does not resubmit a qualifying designation before the filing deadline, no designation will appear after the candidate’s name on the ballot. Ballot Designation Worksheets, including any attachments, are public records as soon as they are submitted. (CA Election Code §13107.3). d. Ballot designation categories Section 13107 of Election Code1 is the controlling regulation for ballot designations and provides 1 It reads: “ . . . immediately under the name of each candidate, and not separated from the name by any line . . . may appear at the option of the candidate only one of the following designations: (1) Words designating the elective city, county, district, state, or federal oﬃce which the candidate holds at the time of ﬁling the nomination documents to which the candidate was elected by vote of the people. (2) The word “incumbent” if the candidate is a candidate for the same oﬃce which the candidate holds at 90 that candidates may choose a designation only from any one of the four (4) categories discussed below. Note that although they are not directly applicable, the City of Dublin will apply the regulations set forth in California Code Regulations, Title 2, Sections 20710–20719 when making qualification determinations, except to the extent that those regulations are inconsistent with these Guidelines or applicable law. 1. Title of Current Elective Office (EC 13107(a)(1)) If a candidate was voted into an elective office by the people and holds the office at the time they file their nomination papers, the candidate’s ballot designation may be the name of the elective office currently held, regardless of the office sought. This type of designation is not subject to a word-count limit. For example, if a City Councilmember files nomination papers to run for Mayor, the candidate could choose the designation “City Councilmember” or “Member of the City Council.” The words designating the elective office must consist of the actual title of an elected office. For example, if a candidate is currently an elected City Council member who also happens to be the current Mayor Pro Tempore, the candidate may not submit the ballot designation Mayor Pro Tempore or Vice-Mayor, because these titles are not elected offices. (CA Election Code §13107(a)(1)). However, such a designation could be submitted for consideration under section 13107(a)(3) as a principal profession, vocation, or occupation, discussed below in more detail. 2. Incumbent (EC 13107(a)(2)) The word “incumbent” can be used as a ballot designation if the candidate is a candidate for the same office which he or she holds at the time of filing the nomination papers and was elected to that office by a vote of the people. The word “incumbent” may only be used as a noun, and only as part of a designation under CA Elections Code section 13107(a)(2) or 1307(a)(4) (“appointed incumbent”). The word “incumbent” may not be used as an adjective and may not be used as part of a designation submitted under CA Elections Code section 13107(a)(1) (elected title) or 13107(a)(3) (principal professions). the time of ﬁling the no mination papers and was elected to that oﬃce by a vote of the people. A candidate shall not use the word “incumbent” if the candidate was elected to their oﬃce in an at -large election and is a candidate in a district- based election. (3) No more than three wor ds designating either the current principal professions, vocations, or occupations of the candidate, or the principal professions, vocations, or occupations of the candidate during the calendar year immediately preceding the ﬁling of nomination documents. (4) The phrase “appointed incumbent” if the candidate holds an office by virtue of appointment, and the candidate is a candidate for election to the same office, or, if the candidate is a candidate for election to the same office or to some other office, the word “appointed” and the title of the office. In either instance, the candidate may not use the unmodified word “incumbent” or any words designating the office unmodified by the word “appointed.” However, the phrase “appointed incumbent” shall not be requir ed of a candidate who seeks reelection to an office which the candidate holds and to which the candidate was appointed, as a nominated candidate, in lieu of an election, pursuant to Sections 5326 and 5328 of the Education Code or Section 7228, 7423, 7673, 10229, or 10515 of this code. 91 3. Appointed Incumbent (EC 13107(a)(4) If a candidate was appointed to an elective office, holds that office at the time they file their nomination papers, and seeks election to the same office, the candidate may use the phrase “appointed incumbent” or the word “appointed” in conjunction with the name of the office currently held. For example, if a City Councilmember was appointed to the Council and now wishes to run for election to the same office, the candidate could choose the designation “appointed incumbent” or “appointed city councilmember.” Unlike an incumbent elected official, the candidate may not use the word “incumbent” without the modifier “appointed.” This type of designation is not subject to a word count limit. 4. Professions, Vocations and Occupations Any candidate, including incumbents, may choose a ballot designation consisting of no more than three (3) words designating the candidate's principal profession(s), vocation(s), or occupation(s). The designation must:  Be factually accurate.  Consist of “professions,” “vocations,” and/or “occupations,” as defined by law.  Consist of “principal” professions, vocations, and/or occupations, as defined by the law.  Not be confusing or misleading to a reasonable voter.  Must not exceed three words. A candidate may engage in multiple principal professions, vocations, or occupations and may propose a ballot designation that includes multiple principal professions, vocations or occupations. In such cases, no more than a total of three words can be used and each proposed title will be separately evaluated for qualification and should be separated by a slash. For example, a potentially acceptable designation could be “Legislator/Rancher/Physician.” i. Combining Elected Offices with Professional Designations Although one could argue that elected offices in the City are neither “primary” nor “professions, vocations, or occupations,” the City of Dublin permits ballot designations that include both an elected office the candidate holds and another profession, vocation, or occupation. Relevant examples dating back to 2012 include:  Vice Mayor/Entrepreneur  Mayor/Teacher  Councilmember/Engineer  Councilmember/Law Enforcement  Educator/Incumbent A candidate may submit a ballot designation that combines their elected office with other professions, vocations, or occupations but must submit such combined designation for evaluation pursuant to the regulations applied to such professions, vocations, and occupations, including the 92 three-word limit. 5. Other Specific Restrictions a. Community Volunteer: The Elections Official will reject a designation of that uses “community volunteer” unless it meets the following conditions: • The person engages in an activity or performs a service for or on behalf of, without profiting monetarily, one or more of the following: o A charitable, educational, or religious organization as defined by the United States Internal Revenue Code §501(c)(3); or o A government agency; or o An educational institution. (See Cal. Code Regs. Tit. 2, § 20714.5.) • The community volunteer activities constitute the candidate’s principal profession, vocation, or occupation and constitute substantial involvement of the candidate’s time and effort such that the activity or service is the sole, primary, main, or leading professional, vocational, or occupational endeavor of the candidate within the definition of those terms provided above. (See Cal. Code Regs. Tit. 2, § 20714.5). • The candidate must not be engaged concurrently in another principal profession, vocation, or occupation. • The candidate may not use the designation of “community volunteer” in combination with any other principal profession, vocation, or occupation. b. Retired: Use of the word “retired” in a ballot designation is limited for use by individuals who have permanently given up their principal profession, vocation, or occupation. The word “retired” may not be abbreviated and must be the first word used in the ballot designation. • A candidate may not use the word “retired” in their ballot designation if they possess a more recent, intervening principal profession, vocation, or occupation; • Prior to retiring from their principal profession, vocation or occupation, the candidate must have worked in such profession, vocation or occupation for more than 5 years; • The candidate must be collecting, or eligible to collect, retirement benefits, providing principal source of income; • The candidate must have reached at least the age of 55 years; • The candidate must. Have voluntarily left their last professional, vocational, or occupational position. 93 For more information on these and other specific restrictions please reference Title 2, Division 7, Chapter 7 of the California Code of Regulations, specifically sections 20714-20716 and CA Elections Code section 13107. 6. Unacceptable Ballot Designations In all cases, the Elections Official will not accept the following designations: a. Any designation that would mislead the voters. b. Any designations suggesting an evaluation (laudatory or derogatory) of a candidate’s qualifications, honestly, integrity, leadership ability or character. Impermissible examples: “senior,” “emeritus,” “specialist,” “leading,” “expert,” “prominent,” “famous,” “respected,” “dishonest,” “corrupt,” or “lazy.” c. Any designation that abbreviates the word “retired” or places it following a word or words that it modifies. Impermissible examples: “Ret. Army General,” “Major USAF, Retired,” “City Attorney, Retired.” d. Uses a word or prefix such as “former” or “ex.” Impermissible words or prefixes: “ex-,” “former,” “past,” and “erstwhile.” Impermissible designations include “Ex-Senator” and “Former Educator.” e. Any designation that uses the name of any political party. f. Any word or words referring to a racial, religious, or ethnic group. i. Any ballot designation which expressly contains or implies any ethnic or racial slurs or ethnically or racially derogatory language are unacceptable. ii. Candidates who are members of the clergy may not refer to their specific denomination, but may use their generic clerical title (e.g., “Rabbi,” “Minister,” “Priest,” “Bishop,” “Monk,” “Nun,” “Imam,” etc.) g. Refers to any activity prohibited by law. h. Uses a copyrighted term rather than a common/colloquial description. Ex: “realtor®” “versus real estate agent” Note that the list and examples above are not exhaustive. Please see Title 2, Division 7, Chapter 7 of the California Code of Regulations, specifically section 20716 for complete information. 94 If the Elections Official finds a proposed ballot designation to be impermissible, the Elections Official should notify the candidate by registered or certified mail. The candidate must, within three working days from the date of receipt of notice, appear before the Elections Official and provide an alternate designation. In the event the candidate fails to provide an alternate designation within three days, no designation can appear after the candidate's name on the ballot. (CA Election Code §13107(f)). 7. Challenging or Changing Ballot Designations Even if a ballot designation is accepted by the Elections Official, an opposing candidate or other member of the public may challenge the designation in court. These challenges are typically made on the grounds that the designation contains an error or omission or otherwise violates the law. (CA Election Code §13314). The ballot designation given by a candidate may not be changed by the candidate after the deadline for filing nomination papers, except as specially requested by the Elections Official under the circumstances above. 95 Ballot Designation Guidelines for Local Elections September 2, 2025 96 Background •Ballot Designations •Placed on ballot under name of candidate on ballot. •Election Code 13107(a) •Candidates must choose from one of four categories. •Secretary of State Guidelines (applicable to state elected offices). 97 Guidelines for Local Elections •Council adopted to assist when debatable questions arise in future. •Incorporate by reference federal, state, and local laws and standards. •Resolution authorizes City Clerk, with concurrence of City Attorney to make administrative changes. 98 Staff Recommendation •Adopt the Resolution Approving Ballot Designation Guidelines for Local Elections. •Questions? 99