The court shall meet at the time and place designated, to determine the contested election, and shall have all the powers necessary to the determination thereof. It may adjourn from day to day until the trial is ended, and may also continue the trial before its commencement for any time not exceeding 20 days for good cause shown by any party upon affidavit, at the costs of the party applying for the continuance.
Court’s DutiesGeneral Elections
Section § 16600
When there is a contested election, the court will meet at a specified time and place to resolve the issue. The court has all the necessary powers to make a decision.
The court can postpone the trial day by day until it's finished. If needed, the trial can be delayed for up to 20 days before it starts, but only if one party shows good reason with a formal statement. The party asking for the delay must cover any related costs.
contested election court powers trial adjournment
Section § 16601
This law explains that during a trial about election contests, the ballots must be opened and a recount conducted in front of all involved parties. The recount is necessary when statements show it's needed for determining the outcome of a candidate's race. This process also counts any handwritten names on the ballots, following specific procedures outlined in another section.
At the trial the ballots shall be opened and a recount taken, in the presence of all the parties, of the votes cast for the various candidates in all contests where it appears from the statements filed that a recount is necessary for the proper determination of the contest. The recount shall include a tabulation of all names written upon a ballot and which are subject to canvass pursuant to Chapter 7 (commencing with Section 15350) of Division 15.
ballot recount election contest trial presence
Section § 16602
This law specifies that during election contest trials, the court should follow the standard legal rules and evidence procedures used in other legal cases. If the reasons for the election contest aren't clearly stated, or if the case is not actively pursued, the court can decide to dismiss it.
In the trial and determination of election contests, the court shall be governed by the rules of law and evidence governing the determination of questions of law and fact, so far as the same may be applicable. It may dismiss the proceedings if the statement of the cause of the contest is insufficient, or for want of prosecution.
election contest trials rules of law evidence procedures
Section § 16603
This law explains that when an election is contested in court, the court has a duty to continue working until all issues are resolved. The court listens to both sides and, within 10 days after everything has been submitted, it must decide on the facts and legal points involved. After this, the court quickly makes a judgment to either confirm the election results or cancel them if there were issues. The judgment is then recorded right away.
The court shall continue in session to hear and determine all issues arising in contested elections. After hearing the proofs and allegations of the parties and within 10 days after the submission thereof, the court shall file its findings of fact and conclusions of law, and immediately thereafter shall pronounce judgment in the premises, either confirming or annulling and setting aside the election. The judgment shall be entered immediately thereafter.
contested elections court proceedings election disputes
