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Elections Code - ELEC - ELEC § 16400
Elections Code - ELEC - ELEC § 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 wh
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Elections Code - ELEC - ELEC § 16401
Elections Code - ELEC - ELEC § 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 ca
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Elections Code - ELEC - ELEC § 16402
Elections Code - ELEC - ELEC § 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 be
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Elections Code - ELEC - ELEC § 16402.5
Elections Code - ELEC - ELEC § 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.
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Elections Code - ELEC - ELEC § 16403
Elections Code - ELEC - ELEC § 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 conteste
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Elections Code - ELEC - ELEC § 16404
Elections Code - ELEC - ELEC § 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
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Elections Code - ELEC - ELEC § 16420
Elections Code - ELEC - ELEC § 16420
The defendant shall be named in the affidavit.
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Elections Code - ELEC - ELEC § 16421
Elections Code - ELEC - ELEC § 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
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Elections Code - ELEC - ELEC § 16440
Elections Code - ELEC - ELEC § 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
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Elections Code - ELEC - ELEC § 16441
Elections Code - ELEC - ELEC § 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 n
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Elections Code - ELEC - ELEC § 16442
Elections Code - ELEC - ELEC § 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 the defendant by certified mail in a sealed envelope with postage prepaid, addressed to the defendant at the place of residence name
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Elections Code - ELEC - ELEC § 16443
Elections Code - ELEC - ELEC § 16443
The defendant, after receipt of the copy of the affidavit, may file an answer and a cross-contest affidavit within five days.
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Elections Code - ELEC - ELEC § 16444
Elections Code - ELEC - ELEC § 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.
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Elections Code - ELEC - ELEC § 16460
Elections Code - ELEC - ELEC § 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.
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Elections Code - ELEC - ELEC § 16461
Elections Code - ELEC - ELEC § 16461
The superior court of that county in which is located the precinct in which the contestant demands a recount has jurisdiction.
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Elections Code - ELEC - ELEC § 16462
Elections Code - ELEC - ELEC § 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 of
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Elections Code - ELEC - ELEC § 16463
Elections Code - ELEC - ELEC § 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.
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Elections Code - ELEC - ELEC § 16464
Elections Code - ELEC - ELEC § 16464
At any time within three days after the filing of the affidavit of the contestant to the effect that the contestant has sent by certified mail a copy of the affidavit to the defendant, the defendant may file with the clerk of the superior court an affidavit in the defendant’s own
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Elections Code - ELEC - ELEC § 16465
Elections Code - ELEC - ELEC § 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.
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Elections Code - ELEC - ELEC § 16466
Elections Code - ELEC - ELEC § 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
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Elections Code - ELEC - ELEC § 16467
Elections Code - ELEC - ELEC § 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.
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Elections Code - ELEC - ELEC § 16500
Elections Code - ELEC - ELEC § 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 shal
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Elections Code - ELEC - ELEC § 16501
Elections Code - ELEC - ELEC § 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
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Elections Code - ELEC - ELEC § 16502
Elections Code - ELEC - ELEC § 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.
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Elections Code - ELEC - ELEC § 16503
Elections Code - ELEC - ELEC § 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 pai