Notwithstanding any other provision of California law, (a) A nonincumbent candidate for the office of U.S. Representative and U.S. Senator, State Senator, or Member of the Assembly shall be permitted to sign a âTerm Limits Pledgeâ each time he or she files as a candidate for such an office. A candidate who declines to sign the âTerm Limits Pledgeâ shall have âDECLINED TO PLEDGE TO SUPPORT TERM LIMITSâ printed adjacent to his or her name on the election ballot. (b) Each time a nonincumbent candidate for U.S. Senator, U.S. Representative, State Senator, or Member of the Assembly files for candidacy, he or she shall be offered the âTerm Limits Pledge,â until such time as the U.S. Constitution has been amended to limit U.S. Senators to two terms in office and U.S. Representatives to three terms in office. (c) The âTerm Limits Pledgeâ that each nonincumbent candidate set forth above shall be offered is as follows: âI support congressional term limits and pledge to use all of my legislative powers to enact the proposed Congressional Term Limits Amendment set forth in the Congressional Term Limits Act. If elected, I pledge to act and vote in such a way that the information âDISREGARDED VOTERSâ INSTRUCTION ON TERM LIMITSâ will not appear next to my name.â The pledge form will provide a space for the signature of the candidate and the date signed. (d) The Secretary of State shall be responsible to make an accurate determination as to whether a candidate for the state or federal legislature shall have placed adjacent to his or her name on the election ballot âDISREGARDED VOTERSâ INSTRUCTION ON TERM LIMITSâ or âDECLINED TO PLEDGE TO SUPPORT TERM LIMITS.â (e) The Secretary of State shall consider timely submitted public comments prior to making the determination required in subdivision (d). (f) The Secretary of State, in accordance with subdivision (d) shall determine and declare what information, if any, shall appear adjacent to the names of each incumbent state and federal legislator if he or she is to be a candidate in the next general election. In the case of U.S. Representatives and U.S. Senators, this determination and declaration shall be made not later than 13 months after a new Congress has been convened, and shall be based upon Congressional action in the first 12 months of the regular session following the most recent general election. In the case of incumbent state legislators, this determination and declaration shall be made not later than 13 months after a new Legislature has been convened, and shall be based upon state congressional action in the first 12 months of the regular session following the most recent general election. (g) The Secretary of State shall determine and declare what information, if any, will appear adjacent to the names of nonincumbent candidates for Congress and the California Legislature, not later than five days after the deadline for filing for the office. (h) If the Secretary of State makes the determination that âDISREGARDED VOTERSâ INSTRUCTION ON TERM LIMITSâ or âDECLINED TO PLEDGE TO SUPPORT TERM LIMITSâ may not be placed on the ballot adjacent to the name of a candidate for senator or representative for state or federal office, any elector shall appeal such decision within five days to the California Supreme Court as an original action or waive any right to appeal such decision; in which case the burden of proof shall be upon the Secretary of State to demonstrate by clear and convincing evidence that the candidate has met the requirements set forth in this article and therefore should not have the information âDISREGARDED VOTERSâ INSTRUCTION ON TERM LIMITSâ or âDECLINED TO PLEDGE TO SUPPORT TERM LIMITSâ printed on the ballot adjacent to the candidateâs name. (i) If the Secretary of State determines that âDISREGARDED VOTERSâ INSTRUCTION ON TERM LIMITSâ or âDECLINED TO PLEDGE TO SUPPORT TERM LIMITSâ shall be placed on the bal
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