§ 16401 Election Contest Filing Deadlines

This law tells a contesting party how many days they have to file a statement of contest after election results are announced, depending on the type of case.

Key Takeaways

•You must file a contest statement within a set number of days after results are announced.
•Tie cases get only 20 days; presidential elector cases get 10 days; other non‑tie cases on listed grounds get 6 months; all other cases get 30 days.
•Missing the deadline means you lose the right to contest the election.

Example

A city council election ends in a tie and the losing candidate wants to challenge the result.

Because it's a tie, the candidate must file their contest statement within 20 days of the official announcement of the results.

How to Calculate

Deadline = Date of declaration + Allowed days (based on case type)

Find out what kind of case you have (tie, presidential elector, other tie‑free case, or any other case).
Look up the number of days the law gives for that case type.
Add that many days to the date the election results were officially declared.
The resulting date is the last day you can file the statement of contest.

Election results are declared on January 1, 2024, and the race ended in a tie.

Result: Deadline = January 1, 2024 + 20 days = January 21, 2024

The contestant shall verify the statement of contest, as provided by Section 446 of the Code of Civil Procedure, and shall file it within the following times after the declaration of the result of the election by the body canvassing the returns thereof: (a) In cases other than cases of a tie, where the contest is brought on any of the grounds mentioned in subdivision (c) of Section 16100, six months. (b) In all cases of tie, 20 days. (c) In cases involving presidential electors, 10 days. (d) In all other cases, 30 days. (Amended by Stats. 2023, Ch. 479, Sec. 13. (AB 1762) Effective January 1, 2024.)

This law tells a contesting party how many days they have to file a statement of contest after election results are announced, depending on the type of case.

Key Takeaways

•You must file a contest statement within a set number of days after results are announced.
•Tie cases get only 20 days; presidential elector cases get 10 days; other non‑tie cases on listed grounds get 6 months; all other cases get 30 days.
•Missing the deadline means you lose the right to contest the election.

Example

A city council election ends in a tie and the losing candidate wants to challenge the result.

Because it's a tie, the candidate must file their contest statement within 20 days of the official announcement of the results.

How to Calculate

Deadline = Date of declaration + Allowed days (based on case type)

Find out what kind of case you have (tie, presidential elector, other tie‑free case, or any other case).
Look up the number of days the law gives for that case type.
Add that many days to the date the election results were officially declared.
The resulting date is the last day you can file the statement of contest.

Election results are declared on January 1, 2024, and the race ended in a tie.

Result: Deadline = January 1, 2024 + 20 days = January 21, 2024

Key Takeaways

Example

How to Calculate

Key Terms

References

§ 16401 Election Contest Filing Deadlines

Key Takeaways

Example

How to Calculate

Key Terms

References

Key Takeaways

Example

How to Calculate

Key Terms

Related Statutes

References

Key Takeaways

Example

How to Calculate

Key Terms

Related Statutes

References