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HomeElections CodeDiv. 16Ch. 5Art. 1§ 16400 Election Contest Filing Requirements

§ 16400 Election Contest Filing Requirements

Elections Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 16400 Election Contest Filing Requirements

This law tells a voter how to officially challenge an election result by filing a written statement with the court that includes specific details.

Key Takeaways

  • •A voter must file a written statement to contest an election.
  • •The statement must be given to the clerk of the superior court that handles the area where the election happened.
  • •The statement must include the voter’s name and voter status, the opponent’s name, the office being contested, the exact reasons and the code section being used, and the date the results were declared.

Example

Jane lives in County X and believes the recent school board election was counted wrong. She goes to the clerk of the superior court and files a paper that says who she is, that she’s a voter in that county, who she’s challenging, which seat was at issue, why she thinks it’s wrong, and the date the results were announced.

Jane follows the steps the law requires: she writes a statement with all the listed information and gives it to the court clerk, making her contest official.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 16400 Election Contest Filing Requirements

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 which the contested election was held. (b) The name of the defendant. (c) The office. (d) The particular grounds of contest and the section of this code under which the statement is filed. (e) The date of declaration of the result of the election by the body canvassing the returns thereof. (Amended by Stats. 1996, Ch. 1143, Sec. 56. Effective September 30, 1996.)

Last verified: January 10, 2026

Key Terms

electorcontestwritten statementsuperior courtgrounds of contest

Related Statutes

  • § 16403 Election Contest Grounds
  • § 16401 Election Contest Filing Deadlines
  • § 16402 Illegal Vote Contest Rules
  • § 16402.5 Voter Denial Election Impact
  • § 16404 Election Contest Affidavit Requirements

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Elections Code. Section 16400.
View Official Source