Terms Used In California Codes > Elections Code > Division 16 > Chapter 5 > Article 3 - Contests Other than Recount

• Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
• Clerk: means the county elections official, registrar of voters, city clerk, or other officer or board charged with the duty of conducting any election. See California Elections Code 307
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• contestant: means any person initiating an election contest. See California Elections Code 16002
• County: includes "city and county. See California Public Resources Code 14
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• 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. See California Elections Code 16002
• Department: means the Department of Human Resources. See California Government Code 19815
• Elections official: means any of the following:

  California Elections Code 320

• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Uphold: The decision of an appellate court not to reverse a lower court decision.
• Venue: The geographical location in which a case is tried.
• Writ: A formal written command, issued from the court, requiring the performance of a specific act.