SECTIONS 9190 - California Statutes

ELECTIONS CODE

SECTION 9190

9190. (a) The county elections official shall make a copy of the
materials referred to in Sections 9119, 9120, 9160, 9162, and 9167
available for public examination in the county elections official's
office for a period of 10 calendar days immediately following the
deadline for submission of those materials. Any person may obtain a
copy of the materials from the county elections official for use
outside of the county elections official's office. The county
elections official may charge a fee to any person obtaining a copy of
the material. The fee may not exceed the actual cost incurred by the
county elections official in providing the copy.
(b) (1) During the 10-calendar-day public examination period
provided by this section, any voter of the jurisdiction in which the
election is being held, or the county elections official, himself or
herself, may seek a writ of mandate or an injunction requiring any or
all of the materials to be amended or deleted. The writ of mandate
or injunction request shall be filed no later than the end of the
10-calendar-day public examination period.
(2) A peremptory writ of mandate or an injunction shall be issued
only upon clear and convincing proof that the material in question is
false, misleading, or inconsistent with this chapter, and that
issuance of the writ or injunction will not substantially interfere
with the printing or distribution of official election materials as
provided by law.
(3) The county elections official shall be named as respondent and
the person or official who authored the material in question shall
be named as real parties in interest. In the case of the county
elections official bringing the mandamus or injunctive action, the
board of supervisors of the county shall be named as the respondent
and the person or official who authored the material in question
shall be named as the real party in interest.