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HomeElections CodeDiv. 16Ch. 5Art. 4§ 16464 Election Contest Recount Requests

§ 16464 Election Contest Recount Requests

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

§ 16464 Election Contest Recount Requests

This law lets the person being sued in an election dispute file their own paperwork within three days to say which voting areas should be counted, and makes sure both sides can reply before the trial.

Key Takeaways

  • •The defendant has three days to file their own affidavit after the plaintiff’s filing.
  • •Both sides can name any precincts they want the votes counted from.
  • •All named precincts are included in the recount, and each side can answer the other’s affidavit before the trial.

Example

Candidate A says the election was wrong and files a paper saying the votes from Precinct 5 should be counted. Candidate B, who was sued, files his own paper within three days saying votes from Precinct 7 should also be counted.

Because of this law, the court will look at the votes from both Precinct 5 and Precinct 7 when it decides the case, and Candidate A gets a chance to answer Candidate B’s paper before the trial starts.

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

Official Source
View on CA.gov

§ 16464 Election Contest Recount Requests

At any time within three days after the filing of the affidavit of the contestant to the effect that he or she has sent by registered mail a copy of the affidavit to the defendant, the defendant may file with the clerk of the superior court an affidavit in his or her own behalf, setting up his or her desire to have the votes counted in any precincts, designating them, in addition to the precincts designated in the affidavit of the contestant, and setting up his or her grounds therefor. On the trial of the contest all of the precincts named in the affidavits of the contestant and the defendant shall be considered, and a recount had with reference to all of those precincts. The contestant shall have the same right to answer the affidavit of the defendant as is given to the defendant with reference to the affidavit of the contestant except that the contestant’s answer shall be filed not later than the first day of the trial of the contest. (Amended by Stats. 1996, Ch. 1143, Sec. 57. Effective September 30, 1996.)

Last verified: January 10, 2026

Key Terms

affidavitcontestantdefendantprecinctsrecounttrial of the contest

Related Statutes

  • § 16462 Election Contest Affidavit Filing
  • § 16461 Recount Jurisdiction Rules
  • § 16404 Election Contest Affidavit Requirements
  • § 16420 Defendant Naming In Affidavit
  • § 16442 Affidavit Service Requirements

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Elections Code. Section 16464.
View Official Source