California Assemblymember Christopher M. Ward (D-Coronado) has introduced AB 930. Among other things, it would require some write-in candidates to pay a filing fee if they want their write-ins in the primary counted. However, in 1974, the California State Supreme Court ruled in two decisions that it is unconstitutional to charge filing fees for write-in candidates. Donovan v Brown, 11 Cal 3d 571; and Knoll v Davidson, 12 Cal 3d 335.
The reason is that the U.S. Supreme Court said in 1974 that filing fees are unconstitutional unless they are needed to keep ballots from being crowded. And write-in candidates do not contribute to ballot clutter. Other courts that have made similar rulings are the Fourth Circuit (invalidating Maryland’s filing fees for write-in candidates in 1989) and a U.S. District Court in West Virginia in 2000.