Within five days after the end of the time allowed for filing statements of contest, the clerk of the superior court shall notify the superior court of the county of all statements filed. The presiding judge shall forthwith designate the time and place of hearing, which time shall be not less than 10 nor more than 20 days from the date of the order.
Elections Official’s DutiesContest Procedures at General Elections
Section § 16500
This law means that after the deadline for filing election contest statements ends, the court clerk has five days to inform the superior court about any statements that have been filed. Then, the presiding judge must quickly set a date and location for a hearing. This hearing must occur no sooner than 10 days and no later than 20 days after the judge's order.
election contest statements superior court notification hearing schedule
Section § 16501
This law says that when a citation is issued for someone to appear in court, the court clerk gives it to the sheriff to deliver it. The person must receive it at least five days before they need to be in court. The citation can be given to the person directly or, if they're not found, it can be left at their last known residence.
The clerk of the superior court shall thereupon issue a citation for the defendant to appear at the time and place specified in the order, which citation shall be delivered to the sheriff and served upon the party at least five days before the time so specified, by either of the following methods:
(a)CA Elections Code § 16501(a) Personally.
(b)CA Elections Code § 16501(b) If the party cannot be found, by leaving a copy at the house where he or she last resided.
court citation defendant appearance superior court clerk
Section § 16502
If you're involved in a case and need someone to testify, you can ask the court clerk to issue a subpoena for that person to appear. If the person doesn't show up as required, the court can send a legal order called an attachment to make them appear.
The clerk of the superior court shall issue subpoenas for witnesses at the request of any party, which shall be served as other subpoenas. The superior court may issue attachments to compel the attendance of witnesses who have been subpoenaed to attend.
subpoena issuance court clerk role witness testimony
Section § 16503
If someone requests a recount in an election, they have to pay for the costs upfront each day. The amount is set by a judge based on expected daily expenses. The money paid counts as part of the costs of the recount. The elections official can pay for necessary staff from this money without needing to go through the county treasurer first.
The contestant shall, in the first instance, be liable for the expenses involved in making any recount. He or she shall pay into court in advance each day a sum that the judge finds sufficient to pay all recount expenses that will have accrued by the end of that day. The sums paid shall be part of the costs. The elections official may pay each day the clerical assistants necessary for the recount from the amount advanced by the contestant without the necessity of the funds being first deposited with the county treasurer.
election recount recount expenses pre-payment
