CHAPTER 5. Form of Contest Statement [16400. - 16467.]
Chapter 5 enacted by Stats. 1994, Ch. 920, Sec. 2.
§§ 16400–16467 · 21 sections
ARTICLE 1. General Elections §§ 16400–16404 · 6 sections
- § 16400 When an elector contests any election he or she shall file with the clerk of the superior court having jurisdiction a written statement setting forth…
- § 16401 The contestant shall verify the statement of contest, as provided by Section 446 of the Code of Civil Procedure, and shall file it within the following times…
- § 16402 When the reception of illegal votes is alleged as a cause of contest, it is sufficient to state generally that in one or more specified voting precincts…
- § 16402.5 An election shall not be set aside on account of eligible voters being denied the right to vote, unless it appears that a sufficient number of voters were…
- § 16403 A statement of the grounds of contest shall not be rejected nor the proceedings dismissed by any court for want of form, if the grounds of contest are alleged…
- § 16404 The affidavit shall specify separately each precinct in which any irregularity or improper conduct took place, or in which a recount is demanded, and the…
ARTICLE 2. Primary Elections §§ 16420–16421 · 2 sections
ARTICLE 3. Contests Other than Recount §§ 16440–16444 · 5 sections
- § 16440 This article applies only to contests on the grounds that: (a) The defendant is not eligible to the office in dispute. (b) The defendant has committed any…
- § 16441 If the nomination contested is for an office including a political subdivision of more than one county, the superior court of any county within the political…
- § 16442 After the affidavit is filed with the clerk of the superior court, a copy of the affidavit shall be personally served upon the defendant or sent to the…
- § 16443 The defendant, after receipt of the copy of the affidavit, may file an answer and a cross-contest affidavit within five days.
- § 16444 No special appearance, demurrer or objection may be taken other than by the affidavits which shall be considered a general appearance in the contest.
ARTICLE 4. Contests Involving a Recount §§ 16460–16467 · 8 sections
- § 16460 This article applies only to contests on the ground that due to mistake, error, or misconduct the votes in any precinct were so incorrectly counted as to…
- § 16461 The superior court of that county in which is located the precinct in which the contestant demands a recount has jurisdiction.
- § 16462 No service other than as provided in this section need be made upon the defendant. The affidavit shall be filed in the office of the clerk of the superior…
- § 16463 All candidates at any primary election are permitted to be candidates under this code only upon the condition that jurisdiction for the purposes of the…
- § 16464 At any time within three days after the filing of the affidavit of the contestant to the effect that the contestant has sent by certified mail a copy of the…
- § 16465 The defendant shall appear, either in person or by attorney, at the time and place fixed for the hearing, and shall take notice of the order fixing the time…
- § 16466 The defendant may not make any special appearance for any purpose except as provided in this article. Any appearance whatever of the defendant or any request…
- § 16467 The court, if the defendant appears, shall require the answer to be made within three days from the time and place set for hearing. If the defendant does not…