reglab/statecodes huggingface dataset:
2023 California Code › Elections Code - ELEC › DIVISION 15 - SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES › CHAPTER 9 - Recount › ARTICLE 5 - State-Funded Recounts › Section 15646.

15646. (a) Upon the Governor or Secretary of State ordering a recount pursuant to subdivision (a) of Section 15645, the Secretary of State shall notify the elections official of each county and shall direct the county elections officials to recount all the votes cast for the office or for and against the state ballot measure.
(b) (1) While conducting a recount pursuant to Section 15645, a county elections official shall also review ballots rejected pursuant to Section 15154 to ensure that no ballots were improperly discarded during the initial canvass.
(2) The process of reviewing rejected ballots pursuant to subdivision (a) shall be open to members of the public, including persons associated with a campaign or measure.
(c)  The elections official in each county shall complete a recount pursuant to this section as follows:
(1) In a primary election, by three business days before the Secretary of State issues the certified list of candidates for the associated general election pursuant to Section 8148.
(2) In a general election, within 60 days of the Governor or Secretary of State ordering the recount.
(Amended by Stats. 2023, Ch. 479, Sec. 12. (AB 1762) Effective January 1, 2024.)
2023 California Code › Elections Code - ELEC › DIVISION 15 - SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES › CHAPTER 9 - Recount › ARTICLE 5 - State-Funded Recounts › Section 15647.

15647. All the provisions of Article 3 (commencing with Section 15620), except Sections 15620, 15621, 15622, 15623, 15624, and 15627, shall apply to this article unless otherwise provided herein.
(Added by Stats. 2015, Ch. 723, Sec. 8. (AB 44) Effective January 1, 2016.)
2023 California Code › Elections Code - ELEC › DIVISION 15 - SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES › CHAPTER 9 - Recount › ARTICLE 5 - State-Funded Recounts › Section 15648.

15648. The Secretary of State may adopt, amend, and repeal rules and regulations necessary for the administration of this article.
(Added by Stats. 2015, Ch. 723, Sec. 8. (AB 44) Effective January 1, 2016.)
2023 California Code › Elections Code - ELEC › DIVISION 15 - SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES › CHAPTER 9 - Recount › ARTICLE 5 - State-Funded Recounts › Section 15649.

15649. A county elections official shall only be required to conduct a recount pursuant to this article to the extent funds are appropriated for purposes of this article in the annual Budget Act or other statute.
(Added by Stats. 2015, Ch. 723, Sec. 8. (AB 44) Effective January 1, 2016.)
2023 California Code › Elections Code - ELEC › DIVISION 15 - SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES › CHAPTER 10 - Tie Votes › ARTICLE 1 - Elections Other than Primary Elections › Section 15650.

15650. This article does not apply to any primary election.
(Enacted by Stats. 1994, Ch. 920, Sec. 2.)
2023 California Code › Elections Code - ELEC › DIVISION 15 - SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES › CHAPTER 10 - Tie Votes › ARTICLE 1 - Elections Other than Primary Elections › Section 15651.

15651. (a) If at any election, except as provided in subdivision (b) and an election for Governor or Lieutenant Governor, two or more persons receive an equal and the highest number of votes for an office to be voted for in more than one county, the Secretary of State shall forthwith summon the candidates who have received the tie votes, whether upon the canvass of the returns by the Secretary of State or upon recount by a court, to appear before him or her at the Secretary of State’s office at the State Capitol at a time to be designated by him or her. The Secretary of State shall at that time and place determine the tie by lot. Except as provided in subdivision (b), in the same manner, at a time and place designated by it, the election board shall determine a tie vote, whether upon the canvass of the returns by the election board or upon a recount by a court, for candidates voted for wholly within one county or city.
(b) In lieu of resolving a tie vote by lot as provided in subdivision (a), the legislative body of any county, city, or special district not subject to the Uniform District Election Law (Part 4 (commencing with Section 10500) of Division 10) may resolve a tie vote by the conduct of a special runoff election involving those candidates who received an equal number of votes and the highest number of votes.
A special runoff election shall be held only if the legislative body adopts the provisions of this subdivision prior to the conduct of the election resulting in the tie vote. If a legislative body decides to call a special runoff election in the event of a tie vote, all future elections conducted by that body shall be resolved by the conduct of a special runoff election, unless the legislative body later repeals the authority for the conduct of a special runoff election.
If a special runoff election is held pursuant to this subdivision, the legislative body shall call for the runoff election to be held in the local entity on a Tuesday not less than 40 nor more than 125 days after the administrative or judicial certification of the election that resulted in a tie vote. If a regular election is to be held throughout the jurisdiction within that time period, the special runoff election shall be held on the same day as, and consolidated with, the regular election.
(Amended by Stats. 1998, Ch. 199, Sec. 49. Effective January 1, 1999.)
2023 California Code › Elections Code - ELEC › DIVISION 15 - SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES › CHAPTER 10 - Tie Votes › ARTICLE 1 - Elections Other than Primary Elections › Section 15652.

15652. If the tie vote has been determined pursuant to Section 15651, the person declared elected by the Secretary of State or the election board is entitled to a certificate of election. The Secretary of State, the county elections official or the city elections official, whichever the case may be, shall immediately make out and deliver to that person a certificate of election.
(Enacted by Stats. 1994, Ch. 920, Sec. 2.)
2023 California Code › Elections Code - ELEC › DIVISION 15 - SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES › CHAPTER 10 - Tie Votes › ARTICLE 1 - Elections Other than Primary Elections › Section 15653.

15653. When two or more persons have an equal and highest number of votes for either Governor or Lieutenant Governor, the Secretary of State shall deliver a certificate to that effect to each of the tied candidates. Each tied candidate may present the certificate to the Legislature in the manner that he or she sees fit.
(Amended by Stats. 2000, Ch. 1081, Sec. 22. Effective January 1, 2001.)
2023 California Code › Elections Code - ELEC › DIVISION 15 - SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES › CHAPTER 10 - Tie Votes › ARTICLE 1 - Elections Other than Primary Elections › Section 15654.

15654. In case any two or more persons have an equal and highest number of votes for either Governor or Lieutenant Governor, the Legislature shall, by a joint vote of both houses, choose one of the persons to fill the office.
(Enacted by Stats. 1994, Ch. 920, Sec. 2.)
2023 California Code › Elections Code - ELEC › DIVISION 15 - SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES › CHAPTER 10 - Tie Votes › ARTICLE 2 - At Primary Elections › Section 15670.

15670. This article applies only to:
(a) Candidates for delegates to a national convention for the nomination of party candidates for President and Vice President of the United States.
(b) Candidates for nomination at the direct primary to offices other than nonpartisan offices or voter-nominated offices.
(Amended by Stats. 2009, Ch. 1, Sec. 59. (SB 6) Effective January 1, 2010. Operative January 1, 2011, pursuant to Sec. 67 of Ch. 1.)
2023 California Code › Elections Code - ELEC › DIVISION 15 - SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES › CHAPTER 10 - Tie Votes › ARTICLE 2 - At Primary Elections › Section 15671.

15671. In case of a tie vote for member of a county central committee, where the office is to be voted for wholly within one county, the election board shall forthwith summon the candidates who have received tie votes to appear before it, at a time and place to be designated by the board, and the board shall at that time and place determine the tie by lot.
(Amended by Stats. 2009, Ch. 1, Sec. 60. (SB 6) Effective January 1, 2010. Operative January 1, 2011, pursuant to Sec. 67 of Ch. 1.)
2023 California Code › Elections Code - ELEC › DIVISION 15 - SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES › CHAPTER 10 - Tie Votes › ARTICLE 2 - At Primary Elections › Section 15672.

15672. In the case of a tie vote for an office other than a judicial or school office to be voted on in more than one county, the Secretary of State shall forthwith summon the candidates who have received tie votes to appear before him or her at his or her office at the State Capitol at a time to be designated by him or her. The Secretary of State shall at that time and place determine the tie by lot.
(Enacted by Stats. 1994, Ch. 920, Sec. 2.)
2023 California Code › Elections Code - ELEC › DIVISION 15 - SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES › CHAPTER 10 - Tie Votes › ARTICLE 2 - At Primary Elections › Section 15673.

15673. The summons mentioned in this article shall in every case be mailed to the address of the candidate as it appears upon his or her affidavit of registration, at least five days before the day fixed for the determination of the tie vote.
(Enacted by Stats. 1994, Ch. 920, Sec. 2.)
2023 California Code › Elections Code - ELEC › DIVISION 15 - SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES › CHAPTER 11 - Extension of Deadlines › Section 15700.

15700. It is the intent of the Legislature in enacting this chapter to provide guidance in interpreting Section 2.5 of Article II of the California Constitution.
(Added by Stats. 2001, Ch. 919, Sec. 1. Effective January 1, 2002. Operative after March 5, 2002 (Prop. 43 was adopted) by Sec. 2 of Ch. 919.)
2023 California Code › Elections Code - ELEC › DIVISION 15 - SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES › CHAPTER 11 - Extension of Deadlines › Section 15701.

15701. If a postelection deadline imposed by this code prevents the proper tabulation or recounting of ballots, the county elections official of the affected county may petition the superior court of that county for an extension sufficient to permit the tabulation or recounting of ballots. The court may grant the petition if it finds that the time limitation would prevent the counting of all votes as required by Section 2.5 of Article II of the California Constitution.
(Added by Stats. 2001, Ch. 919, Sec. 1. Effective January 1, 2002. Operative after March 5, 2002 (Prop. 43 was adopted) by Sec. 2 of Ch. 919.)
2023 California Code › Elections Code - ELEC › DIVISION 15 - SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES › CHAPTER 11 - Extension of Deadlines › Section 15702.

15702. For purposes of Section 2.5 of Article II of the California Constitution, “vote” includes all action necessary to make a vote effective in any primary, special, or general election, including, but not limited to, voter registration, any other act prerequisite to voting, casting a ballot, and having the ballot counted properly and included in the appropriate totals of votes cast with respect to candidates for public office and ballot measures.
(Added by Stats. 2001, Ch. 919, Sec. 1. Effective January 1, 2002. Operative after March 5, 2002 (Prop. 43 was adopted) by Sec. 2 of Ch. 919.)
2023 California Code › Elections Code - ELEC › DIVISION 16 - ELECTIONS CONTESTS › CHAPTER 1 - General Provisions › Section 16000.

16000. The general election contest provisions of this division, exclusive of Article 1 (commencing with Section 16700) of Chapter 8, Chapter 9 (commencing with Section 16800), and Article 1 (commencing with Section 16900) of Chapter 10, shall also apply to the recount of votes cast on a ballot measure, insofar as they can be made applicable.
(Enacted by Stats. 1994, Ch. 920, Sec. 2.)
2023 California Code › Elections Code - ELEC › DIVISION 16 - ELECTIONS CONTESTS › CHAPTER 1 - General Provisions › Section 16002.

16002. When used in this division, “contestant” means any person initiating an election contest. “Defendant” means that person whose election or nomination is contested or those persons receiving an equal and highest number of votes, other than the contestant, where, in other than primary elections, the body canvassing the returns declares that no one person has received the highest number of votes for the contested office.
(Enacted by Stats. 1994, Ch. 920, Sec. 2.)
2023 California Code › Elections Code - ELEC › DIVISION 16 - ELECTIONS CONTESTS › CHAPTER 1 - General Provisions › Section 16003.

16003. In a contest of the election of presidential electors the action or appeal shall have priority over all other civil matters. Final determination and judgment shall be rendered at least six days before the first Tuesday after the second Wednesday in December.
(Amended by Stats. 2023, Ch. 88, Sec. 4. (AB 507) Effective January 1, 2024.)
2023 California Code › Elections Code - ELEC › DIVISION 16 - ELECTIONS CONTESTS › CHAPTER 2 - Grounds for Contest › Section 16100.

16100. Any elector of a county, city, or of any political subdivision of either may contest any election held therein, for any of the following causes:
(a) That the precinct board or any member thereof was guilty of malconduct.
(b) That the person who has been declared elected to an office was not, at the time of the election, eligible to that office.
(c) That the defendant has given to any elector or member of a precinct board any bribe or reward, or has offered any bribe or reward for the purpose of procuring his election, or has committed any other offense against the elective franchise defined in Division 18 (commencing with Section 18000).
(d) That illegal votes were cast.
(e) That eligible voters who attempted to vote in accordance with the laws of the state were denied their right to vote.
(f) That the precinct board in conducting the election or in canvassing the returns, made errors sufficient to change the result of the election as to any person who has been declared elected.
(g) That there was an error in the vote-counting programs or summation of ballot counts.
(Amended by Stats. 2003, Ch. 173, Sec. 1. Effective January 1, 2004.)
2023 California Code › Elections Code - ELEC › DIVISION 16 - ELECTIONS CONTESTS › CHAPTER 2 - Grounds for Contest › Section 16101.

16101. Any candidate at a primary election may contest the right of another candidate to nomination to the same office by filing an affidavit alleging any of the following grounds, that:
(a) The defendant is not eligible to the office in dispute.
(b) The defendant has committed any offense against the elective franchise defined in Division 18 (commencing with Section 18000).
(c) A sufficient number of votes were illegal, fraudulent, forged, or otherwise improper, and that had those votes not been counted, the defendant would not have received as many votes as the contestant.
(d) A sufficient number of eligible voters who attempted to vote in accordance with the laws of the state were denied their right to vote, and that had those voters been permitted to vote, the defendant would not have received as many votes as the contestant.
(e) Due to mistake, error, or misconduct the votes in any precinct were so incorrectly counted as to change the result.
(Amended by Stats. 2003, Ch. 173, Sec. 2. Effective January 1, 2004.)
2023 California Code › Elections Code - ELEC › DIVISION 16 - ELECTIONS CONTESTS › CHAPTER 3 - Contests at General Elections › Section 16201.

16201. No irregularity or improper conduct in the proceedings of the precinct board members, or any of them, is malconduct that avoids an election, unless the irregularity or improper conduct is such as to procure the defendant to be declared either elected or one of those receiving an equal and highest number of votes where no one person has received the highest number of votes.
(Enacted by Stats. 1994, Ch. 920, Sec. 2.)
2023 California Code › Elections Code - ELEC › DIVISION 16 - ELECTIONS CONTESTS › CHAPTER 3 - Contests at General Elections › Section 16202.

16202. When any election held for an office exercised in and for a county is contested on account of any malconduct on the part of the precinct board of any precinct, or any member thereof, the election shall not be annulled or set aside upon any proof thereof, unless the rejection of the vote of that precinct would change the result as to that office in the remaining vote of the county.
(Enacted by Stats. 1994, Ch. 920, Sec. 2.)
2023 California Code › Elections Code - ELEC › DIVISION 16 - ELECTIONS CONTESTS › CHAPTER 3 - Contests at General Elections › Section 16203.

16203. An election shall not be set aside on account of illegal votes, unless it appears that a number of illegal votes has been given to the person whose right to the office is contested or who has been certified as having tied for first place, which, if taken from him, would reduce the number of his legal votes below the number of votes given to some other person for the same office, after deducting therefrom the illegal votes which may be shown to have been given to that other person.
(Enacted by Stats. 1994, Ch. 920, Sec. 2.)
2023 California Code › Elections Code - ELEC › DIVISION 16 - ELECTIONS CONTESTS › CHAPTER 3 - Contests at General Elections › Section 16204.

16204. 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.
(Added by Stats. 2003, Ch. 173, Sec. 3. Effective January 1, 2004.)
2023 California Code › Elections Code - ELEC › DIVISION 16 - ELECTIONS CONTESTS › CHAPTER 4 - Contests at Primary Elections › Section 16300.

16300. Irregularity or improper conduct shall annul or set aside a nomination only if it appears that illegal votes in the precinct have been given to the defendant, which if taken from him or her, would reduce the number of his legal votes below the number of votes given to the contestant.
(Enacted by Stats. 1994, Ch. 920, Sec. 2.)
2023 California Code › Elections Code - ELEC › DIVISION 16 - ELECTIONS CONTESTS › CHAPTER 5 - Form of Contest Statement › ARTICLE 1 - General Elections › Section 16400.

16400. 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.
(c) The office.
(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.
(Amended by Stats. 1996, Ch. 1143, Sec. 56. Effective September 30, 1996.)
2023 California Code › Elections Code - ELEC › DIVISION 16 - ELECTIONS CONTESTS › CHAPTER 5 - Form of Contest Statement › ARTICLE 1 - General Elections › Section 16401.

16401. 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.
(c) In cases involving presidential electors, 10 days.
(d) In all other cases, 30 days.
(Amended by Stats. 2023, Ch. 479, Sec. 13. (AB 1762) Effective January 1, 2024.)
2023 California Code › Elections Code - ELEC › DIVISION 16 - ELECTIONS CONTESTS › CHAPTER 5 - Form of Contest Statement › ARTICLE 1 - General Elections › Section 16402.

16402. 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.
(Enacted by Stats. 1994, Ch. 920, Sec. 2.)
2023 California Code › Elections Code - ELEC › DIVISION 16 - ELECTIONS CONTESTS › CHAPTER 5 - Form of Contest Statement › ARTICLE 1 - General Elections › Section 16402.5.

16402.5. 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.
(Added by Stats. 2003, Ch. 173, Sec. 4. Effective January 1, 2004.)
2023 California Code › Elections Code - ELEC › DIVISION 16 - ELECTIONS CONTESTS › CHAPTER 5 - Form of Contest Statement › ARTICLE 1 - General Elections › Section 16403.

16403. 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.
(Enacted by Stats. 1994, Ch. 920, Sec. 2.)
2023 California Code › Elections Code - ELEC › DIVISION 16 - ELECTIONS CONTESTS › CHAPTER 5 - Form of Contest Statement › ARTICLE 1 - General Elections › Section 16404.

16404. 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.
(Enacted by Stats. 1994, Ch. 920, Sec. 2.)
2023 California Code › Elections Code - ELEC › DIVISION 16 - ELECTIONS CONTESTS › CHAPTER 5 - Form of Contest Statement › ARTICLE 2 - Primary Elections › Section 16421.

16421. The affidavit shall be filed in the office of the clerk of the superior court having jurisdiction within five days after the completion of the official canvass by the county last making the declaration. In the case of an office for which candidates are certified for the ballot by the Secretary of State, or in the case of a statewide ballot measure, the superior court having jurisdiction shall be the Superior Court for the County of Sacramento.
(Amended by Stats. 2023, Ch. 479, Sec. 14. (AB 1762) Effective January 1, 2024.)
2023 California Code › Elections Code - ELEC › DIVISION 16 - ELECTIONS CONTESTS › CHAPTER 5 - Form of Contest Statement › ARTICLE 3 - Contests Other than Recount › Section 16440.

16440. This article applies only to contests on the grounds that:
(a) The defendant is not eligible to the office in dispute.
(b) The defendant has committed any offense against the elective franchise as defined in Division 18 (commencing with Section 18000).
(c) A sufficient number of votes were illegal, fraudulent, forged, or otherwise improper, and that had those votes not been counted the defendant would not have received as many votes as the contestant.
(Enacted by Stats. 1994, Ch. 920, Sec. 2.)
2023 California Code › Elections Code - ELEC › DIVISION 16 - ELECTIONS CONTESTS › CHAPTER 5 - Form of Contest Statement › ARTICLE 3 - Contests Other than Recount › Section 16441.

16441. If the nomination contested is for an office including a political subdivision of more than one county, the superior court of any county within the political subdivision has jurisdiction, and the contestant may file in any county within the political subdivision. There shall be no change of venue therefrom to any other county within the political subdivision.
(Enacted by Stats. 1994, Ch. 920, Sec. 2.)
2023 California Code › Elections Code - ELEC › DIVISION 16 - ELECTIONS CONTESTS › CHAPTER 5 - Form of Contest Statement › ARTICLE 3 - Contests Other than Recount › Section 16442.

16442. After the affidavit is filed with the clerk of the superior court, a copy of the affidavit shall be personally served upon the defendant or sent to him or her by registered mail in a sealed envelope with postage prepaid, addressed to the defendant at the place of residence named in his or her affidavit of registration. The contestant shall make an affidavit of mailing if he or she serves the affidavit by mail, and file it on the same day with the county elections official.
(Enacted by Stats. 1994, Ch. 920, Sec. 2.)
2023 California Code › Elections Code - ELEC › DIVISION 16 - ELECTIONS CONTESTS › CHAPTER 5 - Form of Contest Statement › ARTICLE 3 - Contests Other than Recount › Section 16443.

16443. The defendant, after receipt of the copy of the affidavit, may file an answer and a cross-contest affidavit within five days.
(Enacted by Stats. 1994, Ch. 920, Sec. 2.)
2023 California Code › Elections Code - ELEC › DIVISION 16 - ELECTIONS CONTESTS › CHAPTER 5 - Form of Contest Statement › ARTICLE 3 - Contests Other than Recount › Section 16444.

16444. No special appearance, demurrer or objection may be taken other than by the affidavits which shall be considered a general appearance in the contest.
(Enacted by Stats. 1994, Ch. 920, Sec. 2.)
2023 California Code › Elections Code - ELEC › DIVISION 16 - ELECTIONS CONTESTS › CHAPTER 5 - Form of Contest Statement › ARTICLE 4 - Contests Involving a Recount › Section 16460.

16460. This article applies only to contests on the ground that due to mistake, error, or misconduct the votes in any precinct were so incorrectly counted as to change the result.
(Enacted by Stats. 1994, Ch. 920, Sec. 2.)
2023 California Code › Elections Code - ELEC › DIVISION 16 - ELECTIONS CONTESTS › CHAPTER 5 - Form of Contest Statement › ARTICLE 4 - Contests Involving a Recount › Section 16461.

16461. The superior court of that county in which is located the precinct in which the contestant demands a recount has jurisdiction.
(Enacted by Stats. 1994, Ch. 920, Sec. 2.)
2023 California Code › Elections Code - ELEC › DIVISION 16 - ELECTIONS CONTESTS › CHAPTER 5 - Form of Contest Statement › ARTICLE 4 - Contests Involving a Recount › Section 16462.

16462. No service other than as provided in this section need be made upon the defendant. The affidavit shall be filed in the office of the clerk of the superior court within five days after the completion of the official canvass. Upon the filing of the affidavit the county elections official shall forthwith post, in a conspicuous place in his or her office, a copy of the affidavit. Upon the filing of the affidavit and its posting, the superior court of the county shall have jurisdiction of the subject matter and of the parties to the contest. The contestant on the date of filing the affidavit shall send by registered mail a copy thereof to the defendant in a sealed envelope, with postage prepaid, addressed to the defendant at the place of residence named in the affidavit of registration of the defendant, and shall make and file an affidavit of mailing with the county elections official, which shall become a part of the records of the contest.
(Enacted by Stats. 1994, Ch. 920, Sec. 2.)
2023 California Code › Elections Code - ELEC › DIVISION 16 - ELECTIONS CONTESTS › CHAPTER 5 - Form of Contest Statement › ARTICLE 4 - Contests Involving a Recount › Section 16463.

16463. All candidates at any primary election are permitted to be candidates under this code only upon the condition that jurisdiction for the purposes of the proceeding authorized by this article shall exist in the manner and under the conditions provided for by Section 16462.
(Enacted by Stats. 1994, Ch. 920, Sec. 2.)
2023 California Code › Elections Code - ELEC › DIVISION 16 - ELECTIONS CONTESTS › CHAPTER 5 - Form of Contest Statement › ARTICLE 4 - Contests Involving a Recount › Section 16464.

16464. At any time within three days after the filing of the affidavit of the contestant to the effect that he or she has sent by registered mail a copy of the affidavit to the defendant, the defendant may file with the clerk of the superior court an affidavit in his or her own behalf, setting up his or her desire to have the votes counted in any precincts, designating them, in addition to the precincts designated in the affidavit of the contestant, and setting up his or her grounds therefor. On the trial of the contest all of the precincts named in the affidavits of the contestant and the defendant shall be considered, and a recount had with reference to all of those precincts. The contestant shall have the same right to answer the affidavit of the defendant as is given to the defendant with reference to the affidavit of the contestant except that the contestant’s answer shall be filed not later than the first day of the trial of the contest.
(Amended by Stats. 1996, Ch. 1143, Sec. 57. Effective September 30, 1996.)
2023 California Code › Elections Code - ELEC › DIVISION 16 - ELECTIONS CONTESTS › CHAPTER 5 - Form of Contest Statement › ARTICLE 4 - Contests Involving a Recount › Section 16465.

16465. The defendant shall appear, either in person or by attorney, at the time and place fixed for the hearing, and shall take notice of the order fixing the time and place from the records of the court, without service.
(Enacted by Stats. 1994, Ch. 920, Sec. 2.)
2023 California Code › Elections Code - ELEC › DIVISION 16 - ELECTIONS CONTESTS › CHAPTER 5 - Form of Contest Statement › ARTICLE 4 - Contests Involving a Recount › Section 16466.

16466. The defendant may not make any special appearance for any purpose except as provided in this article. Any appearance whatever of the defendant or any request to the court by the defendant or his or her attorney shall be entered as a general appearance in the contest.
No demurrer or objection may be taken by the parties in any other manner than by answer, and all the objections shall be contained in the answer.
(Enacted by Stats. 1994, Ch. 920, Sec. 2.)
2023 California Code › Elections Code - ELEC › DIVISION 16 - ELECTIONS CONTESTS › CHAPTER 5 - Form of Contest Statement › ARTICLE 4 - Contests Involving a Recount › Section 16467.

16467. The court, if the defendant appears, shall require the answer to be made within three days from the time and place set for hearing. If the defendant does not appear the court shall note his default, and shall proceed to hear and determine the contest with all convenient speed.
(Enacted by Stats. 1994, Ch. 920, Sec. 2.)
2023 California Code › Elections Code - ELEC › DIVISION 16 - ELECTIONS CONTESTS › CHAPTER 6 - Elections Official s Duties › ARTICLE 1 - Contest Procedures at General Elections › Section 16500.

16500. 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.
(Amended by Stats. 1996, Ch. 1143, Sec. 58. Effective September 30, 1996.)
2023 California Code › Elections Code - ELEC › DIVISION 16 - ELECTIONS CONTESTS › CHAPTER 6 - Elections Official s Duties › ARTICLE 1 - Contest Procedures at General Elections › Section 16501.

16501. 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) Personally.
(b) If the party cannot be found, by leaving a copy at the house where he or she last resided.
(Amended by Stats. 1996, Ch. 1143, Sec. 59. Effective September 30, 1996.)
2023 California Code › Elections Code - ELEC › DIVISION 16 - ELECTIONS CONTESTS › CHAPTER 6 - Elections Official s Duties › ARTICLE 1 - Contest Procedures at General Elections › Section 16502.

16502. 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.
(Amended by Stats. 1996, Ch. 1143, Sec. 60. Effective September 30, 1996.)
2023 California Code › Elections Code - ELEC › DIVISION 16 - ELECTIONS CONTESTS › CHAPTER 6 - Elections Official s Duties › ARTICLE 1 - Contest Procedures at General Elections › Section 16503.

16503. 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.
(Amended by Stats. 1996, Ch. 1143, Sec. 61. Effective September 30, 1996.)
2023 California Code › Elections Code - ELEC › DIVISION 16 - ELECTIONS CONTESTS › CHAPTER 6 - Elections Official s Duties › ARTICLE 2 - Contest Procedures at Primary Elections: Contests Other Than Recount › Section 16520.

16520. The clerk of the superior court, within five days after the end of the time for filing affidavits, shall present all the affidavits to the presiding judge of the superior court. The presiding judge shall forthwith designate the time and place of hearing, which shall be not less than 10 nor more than 20 days from the date of the order.
(Amended by Stats. 1996, Ch. 1143, Sec. 62. Effective September 30, 1996.)
2023 California Code › Elections Code - ELEC › DIVISION 16 - ELECTIONS CONTESTS › CHAPTER 6 - Elections Official s Duties › ARTICLE 2 - Contest Procedures at Primary Elections: Contests Other Than Recount › Section 16521.

16521. The clerk of the superior court, after an order setting a contest for trial, shall issue a citation to both parties containing a copy of the order. He or she shall deliver it to the sheriff who shall serve it either upon the parties or leave it at the residences named in the affidavits of registration of the parties.
(Amended by Stats. 1996, Ch. 1143, Sec. 63. Effective September 30, 1996.)
2023 California Code › Elections Code - ELEC › DIVISION 16 - ELECTIONS CONTESTS › CHAPTER 6 - Elections Official s Duties › ARTICLE 3 - Contest Procedures at Primary Elections: Involving a Recount › Section 16540.

16540. On the fifth day after the end of the time for filing contestant’s affidavit, the clerk of the superior court shall present the affidavits of the contestant and the defendant and proof of posting of contestant’s affidavit to the presiding judge of the superior court, or anyone acting in his or her stead, who shall forthwith designate the time and place of hearing, the time for which shall be not less than 10 nor more than 20 days from the date of the order.
(Amended by Stats. 1996, Ch. 1143, Sec. 64. Effective September 30, 1996.)
2023 California Code › Elections Code - ELEC › DIVISION 16 - ELECTIONS CONTESTS › CHAPTER 7 - Court s Duties › ARTICLE 1 - General Elections › Section 16600.

16600. 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.
(Enacted by Stats. 1994, Ch. 920, Sec. 2.)
2023 California Code › Elections Code - ELEC › DIVISION 16 - ELECTIONS CONTESTS › CHAPTER 7 - Court s Duties › ARTICLE 1 - General Elections › Section 16601.

16601. 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.
(Enacted by Stats. 1994, Ch. 920, Sec. 2.)
2023 California Code › Elections Code - ELEC › DIVISION 16 - ELECTIONS CONTESTS › CHAPTER 7 - Court s Duties › ARTICLE 1 - General Elections › Section 16602.

16602. 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.
(Enacted by Stats. 1994, Ch. 920, Sec. 2.)
2023 California Code › Elections Code - ELEC › DIVISION 16 - ELECTIONS CONTESTS › CHAPTER 7 - Court s Duties › ARTICLE 1 - General Elections › Section 16603.

16603. 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.
(Amended by Stats. 2003, Ch. 149, Sec. 10. Effective January 1, 2004.)
2023 California Code › Elections Code - ELEC › DIVISION 16 - ELECTIONS CONTESTS › CHAPTER 7 - Court s Duties › ARTICLE 2 - Primary Elections: Contests Other than Recount › Section 16620.

16620. The court shall meet at the time and place designated in the order setting the contest for trial, and shall have all powers necessary to determine the issues.
(Enacted by Stats. 1994, Ch. 920, Sec. 2.)
2023 California Code › Elections Code - ELEC › DIVISION 16 - ELECTIONS CONTESTS › CHAPTER 7 - Court s Duties › ARTICLE 3 - Primary Elections: Contests Involving a Recount › Section 16640.

16640. If the number of votes that are sought to be recounted or the number of contests are such that the judge in a county in which there is but one superior court judge is of the opinion that it will require additional judges to enable the contest or contests to be determined in time to print the ballots for the election, he or she may obtain the service of any other superior judge, and the proceedings shall be the same as provided for a county in which there is more than one superior court judge.
(Enacted by Stats. 1994, Ch. 920, Sec. 2.)
2023 California Code › Elections Code - ELEC › DIVISION 16 - ELECTIONS CONTESTS › CHAPTER 7 - Court s Duties › ARTICLE 3 - Primary Elections: Contests Involving a Recount › Section 16641.

16641. If the proceeding is in a county where there is more than one superior court judge, the judge to whom the case is assigned shall notify the presiding judge forthwith of the number of judges which he or she deems necessary to participate in order to finish the contest in time to print the ballots for the final election. The presiding judge shall forthwith designate as many judges as are necessary to completion of the contest, by order in writing and thereupon all of the judges so designated shall participate in the recount of the ballots and the giving of judgment in the contest in the manner specified in this article.
(Enacted by Stats. 1994, Ch. 920, Sec. 2.)
2023 California Code › Elections Code - ELEC › DIVISION 16 - ELECTIONS CONTESTS › CHAPTER 7 - Court s Duties › ARTICLE 3 - Primary Elections: Contests Involving a Recount › Section 16642.

16642. The judges designated by the order to hear the contest, including the judge to whom the contest was originally assigned, shall convene upon notice from the judge to whom the contest was originally assigned, and agree upon the precincts which each one of them, sitting separately, will recount. Thereupon the recount shall so proceed that each judge, sitting separately, shall respectively determine the recount in those precincts which have been assigned to him or her, so that the ballots opened before one judge need not be opened before another judge or department.
(Enacted by Stats. 1994, Ch. 920, Sec. 2.)
2023 California Code › Elections Code - ELEC › DIVISION 16 - ELECTIONS CONTESTS › CHAPTER 7 - Court s Duties › ARTICLE 3 - Primary Elections: Contests Involving a Recount › Section 16643.

16643. The proceedings before every judge in making a recount of the precincts assigned to him or her, as to the appointment of the elections official and persons necessary to be assistants of the court in making it, shall be the same as in contested elections. Section 16503 applies to the recount.
(Enacted by Stats. 1994, Ch. 920, Sec. 2.)
2023 California Code › Elections Code - ELEC › DIVISION 16 - ELECTIONS CONTESTS › CHAPTER 8 - Court s Decisions, Judgment, and Determinations › ARTICLE 1 - General Elections › Section 16700.

16700. The person declared elected by the superior court is entitled to a certificate of election. If a certificate has not already been issued to him or her, the elections official shall immediately make out and deliver to that person a certificate of election signed by him or her.
(Amended by Stats. 1996, Ch. 1143, Sec. 65. Effective September 30, 1996.)
2023 California Code › Elections Code - ELEC › DIVISION 16 - ELECTIONS CONTESTS › CHAPTER 8 - Court s Decisions, Judgment, and Determinations › ARTICLE 1 - General Elections › Section 16701.

16701. If the elections official has issued any certificate for the same office to any other person than the one declared elected by the court, or if the court finds a tie vote in a general election contest brought under this division, the certificate is annulled by the judgment.
(Enacted by Stats. 1994, Ch. 920, Sec. 2.)
2023 California Code › Elections Code - ELEC › DIVISION 16 - ELECTIONS CONTESTS › CHAPTER 8 - Court s Decisions, Judgment, and Determinations › ARTICLE 1 - General Elections › Section 16702.

16702. Whenever an election is annulled or set aside by the judgment of the superior court, and no appeal has been taken within 10 days thereafter, the commission, if any has issued, is void and the office vacant.
(Enacted by Stats. 1994, Ch. 920, Sec. 2.)
2023 California Code › Elections Code - ELEC › DIVISION 16 - ELECTIONS CONTESTS › CHAPTER 8 - Court s Decisions, Judgment, and Determinations › ARTICLE 1 - General Elections › Section 16703.

16703. If in any election contest it appears that another person than the defendant has the highest number of legal votes, the court shall declare that person elected.
(Enacted by Stats. 1994, Ch. 920, Sec. 2.)
2023 California Code › Elections Code - ELEC › DIVISION 16 - ELECTIONS CONTESTS › CHAPTER 8 - Court s Decisions, Judgment, and Determinations › ARTICLE 2 - Primary Elections: Other than Recount › Section 16720.

16720. After the court has heard the proofs and allegations of the parties, it shall file its findings of fact and conclusions of law and immediately pronounce judgment either confirming the nomination or setting it aside and decreeing contestant nominated.
(Enacted by Stats. 1994, Ch. 920, Sec. 2.)
2023 California Code › Elections Code - ELEC › DIVISION 16 - ELECTIONS CONTESTS › CHAPTER 8 - Court s Decisions, Judgment, and Determinations › ARTICLE 3 - Primary Elections: Involving a Recount › Section 16740.

16740. When the recount has been completed in the manner required by Article 4 (commencing with Section 16460) of Chapter 5, and Article 3 (commencing with Section 16640) of Chapter 7, all the judges who took part, if more than one, shall assemble and make the decision of the court. If there is any difference of opinion, a majority of the judges shall finally determine all questions, and give a separate decision or judgment in each contest.
(Enacted by Stats. 1994, Ch. 920, Sec. 2.)
2023 California Code › Elections Code - ELEC › DIVISION 16 - ELECTIONS CONTESTS › CHAPTER 8 - Court s Decisions, Judgment, and Determinations › ARTICLE 3 - Primary Elections: Involving a Recount › Section 16741.

16741. A certified copy of the judgment shall be served upon the elections official and may be enforced summarily in the same manner as provided in Section 13314.
(Amended by Stats. 1996, Ch. 1143, Sec. 66. Effective September 30, 1996.)
2023 California Code › Elections Code - ELEC › DIVISION 16 - ELECTIONS CONTESTS › CHAPTER 8 - Court s Decisions, Judgment, and Determinations › ARTICLE 3 - Primary Elections: Involving a Recount › Section 16742.

16742. If the contest proceeds in more than one county, and the nominee is to be certified by the Secretary of State from the compilation of election returns in his or her office, the judgment in each county in which there has been a contest shall show what, if any, changes in the returns in the office of the Secretary of State relating to that county ought to be made. Certified copies of the judgments shall be served upon the Secretary of State. He or she shall make the changes in the record in his or her office as each judgment requires, and conform his or her compilation and his or her certificate of nomination accordingly.
(Enacted by Stats. 1994, Ch. 920, Sec. 2.)
2023 California Code › Elections Code - ELEC › DIVISION 16 - ELECTIONS CONTESTS › CHAPTER 9 - Costs › Section 16800.

16800. If the proceedings in a general election contest under this division are dismissed for insufficiency or for want of prosecution, or the election is confirmed by the court, judgment for costs shall be rendered against the contestant and in favor of the defendant. If the election is annulled or set aside on the ground of errors of a precinct board in conducting the election or in canvassing the returns, the costs shall be a charge against the county or city where the election was held. When the election is annulled or set aside on any other ground, judgment for costs shall be given in favor of contestant and against the defendant.
(Enacted by Stats. 1994, Ch. 920, Sec. 2.)
2023 California Code › Elections Code - ELEC › DIVISION 16 - ELECTIONS CONTESTS › CHAPTER 9 - Costs › Section 16802.

16802. Primarily each party is liable for the costs created by himself or herself to the officers and witnesses entitled thereto, which costs may be collected in the same manner as similar costs are collected in other cases.
(Enacted by Stats. 1994, Ch. 920, Sec. 2.)
2023 California Code › Elections Code - ELEC › DIVISION 16 - ELECTIONS CONTESTS › CHAPTER 10 - Appeals › ARTICLE 1 - General Elections › Section 16900.

16900. Any party aggrieved by the judgment of the court may appeal therefrom to the court of appeal, as in other cases of appeal thereto from the superior court. During the pendency of proceedings on appeal, and until final determination thereof, the person declared elected by the superior court shall be entitled to the office in like manner as if no appeal had been taken.
(Enacted by Stats. 1994, Ch. 920, Sec. 2.)