SECTIONS 16460-16467 - California Statutes

ELECTIONS CODE

SECTION 16460-16467

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 change the result.

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 court within five days after the
completion of the official canvass. Upon the filing of the affidavit
the county elections official shall forthwith post, in a conspicuous
place in his or her office, a copy of the affidavit. Upon the filing
of the affidavit and its posting, the superior court of the county
shall have jurisdiction of the subject matter and of the parties to
the contest. The contestant on the date of filing the affidavit shall
send by registered mail a copy thereof to the defendant in a sealed
envelope, with postage prepaid, addressed to the defendant at the
place of residence named in the affidavit of registration of the
defendant, and shall make and file an affidavit of mailing with the
county elections official, which shall become a part of the records
of the contest.

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 proceeding authorized by this article shall
exist in the manner and under the conditions provided for by Section
16462.

16464. At any time within three days after the filing of the
affidavit of the contestant to the effect that he or she has sent by
registered mail a copy of the affidavit to the defendant, the
defendant may file with the clerk of the superior court an affidavit
in his or her own behalf, setting up his or her desire to have the
votes counted in any precincts, designating them, in addition to the
precincts designated in the affidavit of the contestant, and setting
up his or her grounds therefor. On the trial of the contest all of
the precincts named in the affidavits of the contestant and the
defendant shall be considered, and a recount had with reference to
all of those precincts. The contestant shall have the same right to
answer the affidavit of the defendant as is given to the defendant
with reference to the affidavit of the contestant except that the
contestant's answer shall be filed not later than the first day of
the trial of the contest.

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 and place from the records of the court,
without service.

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 to the court by the defendant or his
or her attorney shall be entered as a general appearance in the
contest.
No demurrer or objection may be taken by the parties in any other
manner than by answer, and all the objections shall be contained in
the answer.

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 appear the court shall note his
default, and shall proceed to hear and determine the contest with all
convenient speed.