General Elections - Form Of Contest Statement - Elections - CA

Section § 16400

If someone wants to challenge an election, they must submit a written statement to the superior court clerk. The statement should include: the challenger’s name and confirmation they vote in the district where the election took place, the name of the person being challenged, the position involved, specific reasons for the challenge including relevant legal references, and the date when election results were officially declared.

When an elector contests any election he or she shall file with the clerk of the superior court having jurisdiction a written statement setting forth specifically:

(a) The name of the contestant and that he or she is an elector of the district or county, as the case may be, in which the contested election was held.

(b) The name of the defendant.

(d) The particular grounds of contest and the section of this code under which the statement is filed.

(e) The date of declaration of the result of the election by the body canvassing the returns thereof.

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Section § 16401

This law explains the time limits for filing a statement to contest an election result after the results have been declared. If the challenge is not related to a tie and based on specific grounds, the contestant has six months to file. For election ties, the deadline is 20 days. Contests involving presidential electors must be filed within 10 days, and all other cases must be filed within 30 days.

The contestant shall verify the statement of contest, as provided by Section 446 of the Code of Civil Procedure, and shall file it within the following times after the declaration of the result of the election by the body canvassing the returns thereof:

(a) In cases other than cases of a tie, where the contest is brought on any of the grounds mentioned in subdivision (c) of Section 16100, six months.

(b) In all cases of tie, 20 days.

(d) In all other cases, 30 days.

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Section § 16402

If someone wants to challenge an election by claiming illegal votes were counted, they must generally state that such votes were cast in specific precincts for the candidate they're contesting. For the claim to affect the outcome, taking these votes away must make the contested candidate's total lower than another candidate's legal votes.

Also, before the trial, at least three days prior, the challenger must give a written list to the candidate being challenged. This list should detail the illegal votes and who cast them, because only these specified votes can be discussed in court.

When the reception of illegal votes is alleged as a cause of contest, it is sufficient to state generally that in one or more specified voting precincts illegal votes were given to the defendant, which, if taken from him or her, will reduce the number of his or her legal votes below the number of legal votes given to some other person for the same office.

Testimony shall not be received of any illegal votes, unless the contestant delivers to the defendant, at least three days before the trial, a written list of the number of illegal votes, and by whom given, which he or she intends to prove. No testimony may be received of any illegal votes except those that are specified in the list.

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Section § 16402.5

An election won't be overturned just because some eligible voters couldn't vote, unless enough people were impacted to actually change who wins or loses.

An election shall not be set aside on account of eligible voters being denied the right to vote, unless it appears that a sufficient number of voters were denied the right to vote as to change the result.

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Section § 16403

This law means that a challenge to an election won't be thrown out by the court just because it's not perfectly formatted. As long as the challenge clearly tells the defendant why the election is being contested, it must be considered.

A statement of the grounds of contest shall not be rejected nor the proceedings dismissed by any court for want of form, if the grounds of contest are alleged with such certainty as will advise the defendant of the particular proceeding or cause for which the election is contested.

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Section § 16404

This law section states that if someone wants to challenge an election in a specific area, they need to file an affidavit. This document should list each voting location where a problem happened or where a recount is needed. It also needs to describe the issue, such as mistakes or bad conduct, and include the date when the county's official vote count was finished.

The affidavit shall specify separately each precinct in which any irregularity or improper conduct took place, or in which a recount is demanded, and the nature of the mistake, error, misconduct, or other cause of contest, and the date of completion of the official canvass of the board of supervisors of the county last making the declaration.

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