Amended by Stats. 1996, Ch. 1143, Sec. 56. Effective September 30, 1996.
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 specifically:
California Elections Code — §§ 16400-16404
Amended by Stats. 1996, Ch. 1143, Sec. 56. Effective September 30, 1996.
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 specifically:
Amended by Stats. 2023, Ch. 479, Sec. 13. (AB 1762) Effective January 1, 2024.
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 after the declaration of the result of the election by the body canvassing the returns thereof:
days.
Enacted by Stats. 1994, Ch. 920, Sec. 2.
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 illegal votes were given to the defendant, which, if taken from him or her, will reduce the number of his or her legal votes below the number of legal votes given to some other person for the same office.
Testimony shall not be received of any illegal votes, unless the contestant delivers to the defendant, at least three days before the trial, a written list of the number of illegal votes, and by whom given, which he or she intends to prove. No testimony may be received of any illegal votes except those that are specified in the list.
Added by Stats. 2003, Ch. 173, Sec. 4. Effective January 1, 2004.
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 denied the right to vote as to change the result.
Enacted by Stats. 1994, Ch. 920, Sec. 2.
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 with such certainty as will advise the defendant of the particular proceeding or cause for which the election is contested.
Enacted by Stats. 1994, Ch. 920, Sec. 2.
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 nature of the mistake, error, misconduct, or other cause of contest, and the date of completion of the official canvass of the board of supervisors of the county last making the declaration.