Code Section Group

Elections Code - ELEC

DIVISION 16. ELECTIONS CONTESTS [16000 - 16940]

  ( Division 16 enacted by Stats. 1994, Ch. 920, Sec. 2. )

CHAPTER 5. Form of Contest Statement [16400 - 16467]

  ( Chapter 5 enacted by Stats. 1994, Ch. 920, Sec. 2. )

ARTICLE 3. Contests Other than Recount [16440 - 16444]
  ( Article 3 enacted by Stats. 1994, Ch. 920, Sec. 2. )

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.)

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.)

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.)

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.)

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.)

ELECElections Code - ELEC3