SECTIONS 16440-16444 - California Statutes

ELECTIONS CODE

SECTION 16440-16444

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 offense against the elective
franchise as defined in Division 18 (commencing with Section 18000).
(c) A sufficient number of votes were illegal, fraudulent, forged,
or otherwise improper, and that had those votes not been counted the
defendant would not have received as many votes as the contestant.

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 subdivision has jurisdiction, and the
contestant may file in any county within the political subdivision.
There shall be no change of venue therefrom to any other county
within the political subdivision.

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 him or her by registered mail in a sealed
envelope with postage prepaid, addressed to the defendant at the
place of residence named in his or her affidavit of registration. The
contestant shall make an affidavit of mailing if he or she serves
the affidavit by mail, and file it on the same day with the county
elections official.

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.