Municipal ElectionsPublic Examination

Section § 9295

Explanation

This law requires that election-related materials, specified in several sections, be available for public review for 10 days after they are filed with the elections official. During this period, anyone can view or request copies of the materials, with a fee that covers only the copying costs.

Additionally, during this 10-day period, any voter or the elections official themselves can ask a court to change or remove these materials if they can prove, convincingly, that the materials are false, misleading, or don't follow legal requirements. The court can only issue such orders if doing so won't disrupt the election process. The elections official or county board is involved as part of this process, along with whoever wrote the disputed material.

(a)CA Elections Code § 9295(a) The elections official shall make a copy of the material referred to in Sections 9223, 9280, 9281, 9282, and 9285 available for public examination in the elections official’s office for a period of 10 calendar days immediately following the filing deadline for submission of those materials. Any person may obtain a copy of the materials from the elections official for use outside of the elections official’s office. The 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 elections official in providing the copy.
(b)Copy CA Elections Code § 9295(b)
(1)Copy CA Elections Code § 9295(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 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)CA Elections Code § 9295(b)(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 the requirements of 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)CA Elections Code § 9295(b)(3) The 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 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.
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