California Elections Code 16101 – Any candidate at a primary election may contest the right of another …
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.
Terms Used In California Elections Code 16101
- 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.
- candidate: includes any officeholder who is subject to a recall election. See California Elections Code 305
- contestant: means any person initiating an election contest. See California Elections Code 16002
- 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
- Election: means any election including a primary that is provided for under this code. See California Elections Code 318
- Precinct: means a geographical area within a county that is made up of voters and is formed pursuant to Chapter 3 (commencing with Section 12200) of Division 12. See California Elections Code 338.6
(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.)