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Elections Code - ELEC - ELEC § 16520
Elections Code - ELEC - ELEC § 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 t
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Elections Code - ELEC - ELEC § 16521
Elections Code - ELEC - ELEC § 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 affi
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Elections Code - ELEC - ELEC § 16540
Elections Code - ELEC - ELEC § 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 ac
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Elections Code - ELEC - ELEC § 16600
Elections Code - ELEC - ELEC § 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 a
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Elections Code - ELEC - ELEC § 16601
Elections Code - ELEC - ELEC § 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 r
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Elections Code - ELEC - ELEC § 16602
Elections Code - ELEC - ELEC § 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 co
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Elections Code - ELEC - ELEC § 16603
Elections Code - ELEC - ELEC § 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 imme
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Elections Code - ELEC - ELEC § 16620
Elections Code - ELEC - ELEC § 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.
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Elections Code - ELEC - ELEC § 16640
Elections Code - ELEC - ELEC § 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
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Elections Code - ELEC - ELEC § 16641
Elections Code - ELEC - ELEC § 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 p
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Elections Code - ELEC - ELEC § 16642
Elections Code - ELEC - ELEC § 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,
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Elections Code - ELEC - ELEC § 16643
Elections Code - ELEC - ELEC § 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
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Elections Code - ELEC - ELEC § 16700
Elections Code - ELEC - ELEC § 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.
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Elections Code - ELEC - ELEC § 16701
Elections Code - ELEC - ELEC § 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.
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Elections Code - ELEC - ELEC § 16702
Elections Code - ELEC - ELEC § 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.
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Elections Code - ELEC - ELEC § 16703
Elections Code - ELEC - ELEC § 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.
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Elections Code - ELEC - ELEC § 16720
Elections Code - ELEC - ELEC § 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.
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Elections Code - ELEC - ELEC § 16740
Elections Code - ELEC - ELEC § 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
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Elections Code - ELEC - ELEC § 16741
Elections Code - ELEC - ELEC § 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.
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Elections Code - ELEC - ELEC § 16742
Elections Code - ELEC - ELEC § 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 retur
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Elections Code - ELEC - ELEC § 16800
Elections Code - ELEC - ELEC § 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 i
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Elections Code - ELEC - ELEC § 16801
Elections Code - ELEC - ELEC § 16801
Where two or more contested elections are joined for the purpose of recounting votes, the costs shall be apportioned among the parties in the discretion of the court.
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Elections Code - ELEC - ELEC § 16802
Elections Code - ELEC - ELEC § 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.
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Elections Code - ELEC - ELEC § 16803
Elections Code - ELEC - ELEC § 16803
The provisions relating to costs in contested final elections apply to primary election contests conducted under this division.
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Elections Code - ELEC - ELEC § 16900
Elections Code - ELEC - ELEC § 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 super