§ 15641 Election Program Court Hold

This law says the normal rules (Section 15001) keep working unless a court tells the state to pause the election program while the election result is being challenged, and if a lawsuit or recount starts while the program is stored, the Secretary of State must hand the program over to the court or election official who asks for it in writing.

Key Takeaways

•Normal rules (Section 15001) apply unless a court says to pause the program during an election dispute.
•If a court case or official recount starts while the program is stored, the Secretary of State must provide the program to the requesting court or election official.
•The request for the program must be made in writing.

Example

After a close mayoral election, a candidate files a lawsuit claiming the vote count was wrong. The court orders the voting software to stay locked up until the case is decided.

Because the court ordered the program to be held, the usual rules are put on hold. If the court or the city election office later writes a request for the software, the Secretary of State must give them the program.

Section 15001 shall apply unless a court orders the program held pending the conclusion of litigation challenging the outcome of an election. If court action or an official recount is initiated while the program is on deposit, the Secretary of State shall make the program available to the court or the elections official in whose jurisdiction the court action or recount takes place, upon written request. (Amended by Stats. 2003, Ch. 810, Sec. 22. Effective January 1, 2004.)

Key Takeaways

•Normal rules (Section 15001) apply unless a court says to pause the program during an election dispute.
•If a court case or official recount starts while the program is stored, the Secretary of State must provide the program to the requesting court or election official.
•The request for the program must be made in writing.

Example

After a close mayoral election, a candidate files a lawsuit claiming the vote count was wrong. The court orders the voting software to stay locked up until the case is decided.

Key Takeaways

Example

Key Terms

References

§ 15641 Election Program Court Hold

Key Takeaways

Example

Key Terms

References

Key Takeaways

Example

Key Terms

Related Statutes

References

Key Takeaways

Example

Key Terms

Related Statutes

References