SECTIONS 16400-16404 - California Statutes

ELECTIONS CODE

SECTION 16400-16404

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 specifically:
(a) The name of the contestant and that he or she is an elector of
the district or county, as the case may be, in which the contested
election was held.
(b) The name of the defendant.
(c) The office.
(d) The particular grounds of contest and the section of this code
under which the statement is filed.
(e) The date of declaration of the result of the election by the
body canvassing the returns thereof.

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 after either the declaration of
the result of the election or the declaration of the results of any
postcanvass risk-limiting audit conducted pursuant to Section 15560
by the body canvassing the returns thereof:
(a) In cases other than cases of a tie, where the contest is
brought on any of the grounds mentioned in subdivision (c) of Section
16100, six months.
(b) In all cases of tie, 20 days.
(c) In cases involving presidential electors, 10 days.
(d) In all other cases, 30 days.

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 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.

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 denied the right to vote as to
change the result.

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 with such certainty as will advise the
defendant of the particular proceeding or cause for which the
election is contested.

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 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.