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HomeElections CodeDiv. 16Ch. 5Art. 3§ 16440 Election Contest Grounds

§ 16440 Election Contest Grounds

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

§ 16440 Election Contest Grounds

This law lets people challenge an election when the candidate isn’t allowed to run, broke voting rules, or when illegal votes changed who won.

Key Takeaways

  • •You can contest an election if the candidate isn’t eligible for the office.
  • •You can contest if the candidate broke any rule about voting rights.
  • •You can contest if enough illegal or fake votes were counted that they changed the winner.

Example

John runs for mayor, but he lives in a different town and isn’t allowed to be mayor. Voters or opponents can use this law to contest the election.

Because John isn’t eligible for the office, the contest meets condition (a) of the law, so the election result can be questioned and possibly overturned.

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

Official Source
View on CA.gov

§ 16440 Election Contest Grounds

This article applies only to contests on the grounds that: (a) The defendant is not eligible to the office in dispute. (b) The defendant has committed any offense against the elective franchise as 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. (Enacted by Stats. 1994, Ch. 920, Sec. 2.)

Last verified: January 10, 2026

Key Terms

contestsdefendantelective franchiseillegal votesfraudulent votesforged votesimproper votes

Related Statutes

  • § 16442 Affidavit Service Requirements
  • § 16443 Defendant'S Affidavit Response Time
  • § 16101 Candidate Nomination Contests
  • § 16402 Illegal Vote Contest Rules
  • § 16403 Election Contest Grounds

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Elections Code. Section 16440.
View Official Source