BlackletterCalifornia law

DIVISION 16. ELECTIONS CONTESTS [16000. - 16940.]

Division 16 enacted by Stats. 1994, Ch. 920, Sec. 2.

§§ 16000–16940 · 63 sections

  1. CHAPTER 1. General Provisions §§ 16000–16003 · 3 sections
    • § 16000 The general election contest provisions of this division, exclusive of Article 1 (commencing with Section 16700) of Chapter 8, Chapter 9 (commencing with…
    • § 16002 When used in this division, “contestant” means any person initiating an election contest. “Defendant” means that person whose election or nomination is…
    • § 16003 In a contest of the election of presidential electors the action or appeal shall have priority over all other civil matters. Final determination and judgment…
  2. CHAPTER 2. Grounds for Contest §§ 16100–16101 · 2 sections
    • § 16100 Any elector of a county, city, or of any political subdivision of either may contest any election held therein, for any of the following causes: (a) That the…
    • § 16101 Any candidate at a primary election may contest the right of another candidate to nomination to the same office by filing an affidavit alleging any of the…
  3. CHAPTER 3. Contests at General Elections §§ 16200–16204 · 5 sections
    • § 16200 This chapter shall not apply to elections for the office of state Senator or Member of the Assembly of the California Legislature.
    • § 16201 No irregularity or improper conduct in the proceedings of the precinct board members, or any of them, is malconduct that avoids an election, unless the…
    • § 16202 When any election held for an office exercised in and for a county is contested on account of any malconduct on the part of the precinct board of any precinct,…
    • § 16203 An election shall not be set aside on account of illegal votes, unless it appears that a number of illegal votes has been given to the person whose right to…
    • § 16204 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…
  4. CHAPTER 4. Contests at Primary Elections § 16300 · 1 section
    • § 16300 Irregularity or improper conduct shall annul or set aside a nomination only if it appears that illegal votes in the precinct have been given to the defendant,…
  5. CHAPTER 5. Form of Contest Statement §§ 16400–16467 · 21 sections
    1. 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…
    2. ARTICLE 2. Primary Elections §§ 16420–16421 · 2 sections
      • § 16420 The defendant shall be named in the affidavit.
      • § 16421 The affidavit shall be filed in the office of the clerk of the superior court having jurisdiction within five days after the completion of the official canvass…
    3. 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.
    4. 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…
  6. CHAPTER 6. Elections Official’s Duties §§ 16500–16540 · 7 sections
    1. ARTICLE 1. Contest Procedures at General Elections §§ 16500–16503 · 4 sections
      • § 16500 Within five days after the end of the time allowed for filing statements of contest, the clerk of the superior court shall notify the superior court of the…
      • § 16501 The clerk of the superior court shall thereupon issue a citation for the defendant to appear at the time and place specified in the order, which citation shall…
      • § 16502 The clerk of the superior court shall issue subpoenas for witnesses at the request of any party, which shall be served as other subpoenas. The superior court…
      • § 16503 The contestant shall, in the first instance, be liable for the expenses involved in making any recount. He or she shall pay into court in advance each day a…
    2. ARTICLE 2. Contest Procedures at Primary Elections: Contests Other Than Recount §§ 16520–16521 · 2 sections
      • § 16520 The clerk of the superior court, within five days after the end of the time for filing affidavits, shall present all the affidavits to the presiding judge of…
      • § 16521 The clerk of the superior court, after an order setting a contest for trial, shall issue a citation to both parties containing a copy of the order. He or she…
    3. ARTICLE 3. Contest Procedures at Primary Elections: Involving a Recount § 16540 · 1 section
      • § 16540 On the fifth day after the end of the time for filing contestant’s affidavit, the clerk of the superior court shall present the affidavits of the contestant…
  7. CHAPTER 7. Court’s Duties §§ 16600–16643 · 9 sections
    1. ARTICLE 1. General Elections §§ 16600–16603 · 4 sections
      • § 16600 The court shall meet at the time and place designated, to determine the contested election, and shall have all the powers necessary to the determination…
      • § 16601 At the trial the ballots shall be opened and a recount taken, in the presence of all the parties, of the votes cast for the various candidates in all contests…
      • § 16602 In the trial and determination of election contests, the court shall be governed by the rules of law and evidence governing the determination of questions of…
      • § 16603 The court shall continue in session to hear and determine all issues arising in contested elections. After hearing the proofs and allegations of the parties…
    2. ARTICLE 2. Primary Elections: Contests Other than Recount § 16620 · 1 section
      • § 16620 The court shall meet at the time and place designated in the order setting the contest for trial, and shall have all powers necessary to determine the issues.
    3. ARTICLE 3. Primary Elections: Contests Involving a Recount §§ 16640–16643 · 4 sections
      • § 16640 If the number of votes that are sought to be recounted or the number of contests are such that the judge in a county in which there is but one superior court…
      • § 16641 If the proceeding is in a county where there is more than one superior court judge, the judge to whom the case is assigned shall notify the presiding judge…
      • § 16642 The judges designated by the order to hear the contest, including the judge to whom the contest was originally assigned, shall convene upon notice from the…
      • § 16643 The proceedings before every judge in making a recount of the precincts assigned to him or her, as to the appointment of the elections official and persons…
  8. CHAPTER 8. Court’s Decisions, Judgment, and Determinations §§ 16700–16742 · 8 sections
    1. ARTICLE 1. General Elections §§ 16700–16703 · 4 sections
      • § 16700 The person declared elected by the superior court is entitled to a certificate of election. If a certificate has not already been issued to him or her, the…
      • § 16701 If the elections official has issued any certificate for the same office to any other person than the one declared elected by the court, or if the court finds…
      • § 16702 Whenever an election is annulled or set aside by the judgment of the superior court, and no appeal has been taken within 10 days thereafter, the commission, if…
      • § 16703 If in any election contest it appears that another person than the defendant has the highest number of legal votes, the court shall declare that person elected.
    2. ARTICLE 2. Primary Elections: Other than Recount § 16720 · 1 section
      • § 16720 After the court has heard the proofs and allegations of the parties, it shall file its findings of fact and conclusions of law and immediately pronounce…
    3. ARTICLE 3. Primary Elections: Involving a Recount §§ 16740–16742 · 3 sections
      • § 16740 When the recount has been completed in the manner required by Article 4 (commencing with Section 16460) of Chapter 5, and Article 3 (commencing with Section…
      • § 16741 A certified copy of the judgment shall be served upon the elections official and may be enforced summarily in the same manner as provided in Section 13314.
      • § 16742 If the contest proceeds in more than one county, and the nominee is to be certified by the Secretary of State from the compilation of election returns in his…
  9. CHAPTER 9. Costs §§ 16800–16803 · 4 sections
    • § 16800 If the proceedings in a general election contest under this division are dismissed for insufficiency or for want of prosecution, or the election is confirmed…
    • § 16801 Where two or more contested elections are joined for the purpose of recounting votes, the costs shall be apportioned among the parties in the discretion of the…
    • § 16802 Primarily each party is liable for the costs created by himself or herself to the officers and witnesses entitled thereto, which costs may be collected in the…
    • § 16803 The provisions relating to costs in contested final elections apply to primary election contests conducted under this division.
  10. CHAPTER 10. Appeals §§ 16900–16940 · 3 sections
    1. ARTICLE 1. General Elections § 16900 · 1 section
      • § 16900 Any party aggrieved by the judgment of the court may appeal therefrom to the court of appeal, as in other cases of appeal thereto from the superior court.…
    2. ARTICLE 2. Primary Elections: Other than a Recount § 16920 · 1 section
      • § 16920 Either party to a contest may appeal to the district court of appeal of the district where the contest is brought, if the appeal is perfected by the appellant…
    3. ARTICLE 3. Primary Elections: Involving a Recount § 16940 · 1 section
      • § 16940 The judgment of the court is final in every respect. No party may appeal.