LawWiki
HomeCodesSearchGlossaryAPIAbout
LawWiki

Plain English summaries of California law with zero-hallucination AI. Every summary is verified against official source text.

Product

  • Search
  • Codes
  • About

Legal

  • Privacy Policy
  • Terms of Service
  • Disclaimer

© 2026 LawWiki. All rights reserved.

HomeElections CodeDiv. 16Ch. 5Art. 4§ 16462 Election Contest Affidavit Filing

§ 16462 Election Contest Affidavit Filing

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

§ 16462 Election Contest Affidavit Filing

This law tells you how to let the other side know about an election contest and when the court can step in.

Key Takeaways

  • •File the affidavit within 5 days after the official canvass.
  • •Post a copy of the affidavit in a visible spot at the elections office.
  • •Mail a sealed, prepaid registered‑mail copy to the other party at their home address and file a proof‑of‑mailing.
  • •Once these steps are done, the county superior court gets authority over the case.

Example

Candidate A thinks the vote count is wrong and wants to challenge it.

Candidate A files a written statement (affidavit) with the court clerk within five days after the official count, posts a copy in the elections office, and then sends a sealed, prepaid registered‑mail copy to Candidate B at his home. Candidate A also files a proof‑of‑mailing with the elections office. After all that, the county superior court can hear the dispute.

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

Official Source
View on CA.gov

§ 16462 Election Contest Affidavit Filing

No service other than as provided in this section need be made upon the defendant. The affidavit shall be filed in the office of the clerk of the superior court within five days after the completion of the official canvass. Upon the filing of the affidavit the county elections official shall forthwith post, in a conspicuous place in his or her office, a copy of the affidavit. Upon the filing of the affidavit and its posting, the superior court of the county shall have jurisdiction of the subject matter and of the parties to the contest. The contestant on the date of filing the affidavit shall send by registered mail a copy thereof to the defendant in a sealed envelope, with postage prepaid, addressed to the defendant at the place of residence named in the affidavit of registration of the defendant, and shall make and file an affidavit of mailing with the county elections official, which shall become a part of the records of the contest. (Enacted by Stats. 1994, Ch. 920, Sec. 2.)

Last verified: January 10, 2026

Key Terms

affidavitofficial canvasscounty elections officialsuperior courtjurisdictioncontestantdefendantaffidavit of mailing

Related Statutes

  • § 16442 Affidavit Service Requirements
  • § 16461 Recount Jurisdiction Rules
  • § 16464 Election Contest Recount Requests
  • § 16421 Election Affidavit Filing Deadline
  • § 16404 Election Contest Affidavit Requirements

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Elections Code. Section 16462.
View Official Source