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HomeElections CodeDiv. 16Ch. 8Art. 3§ 16740 Recount Decision By Judges

§ 16740 Recount Decision By Judges

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

§ 16740 Recount Decision By Judges

This law says that after a recount is finished, all the judges who helped must get together and decide the case, and if they disagree, the majority decides.

Key Takeaways

  • •Judges must meet after a recount to make the final decision.
  • •If more than one judge is involved, they vote.
  • •The side with the most judges wins the final ruling.

Example

Three judges review a close election result. After the recount, they meet to decide who really won.

If two judges think Candidate A won and one thinks Candidate B won, the two judges form the majority and their decision that Candidate A won becomes the final court decision.

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

Official Source
View on CA.gov

§ 16740 Recount Decision By Judges

When the recount has been completed in the manner required by Article 4 (commencing with Section 16460) of Chapter 5, and Article 3 (commencing with Section 16640) of Chapter 7, all the judges who took part, if more than one, shall assemble and make the decision of the court. If there is any difference of opinion, a majority of the judges shall finally determine all questions, and give a separate decision or judgment in each contest. (Enacted by Stats. 1994, Ch. 920, Sec. 2.)

Last verified: January 10, 2026

Key Terms

recountArticle 4Article 3judgesdecision of the courtmajority of the judges

Related Statutes

  • § 16642 Judicial Recount Assignment Rules
  • § 16741 Judgment Enforcement In Elections
  • § 16742 Election Contest Judgment Certification
  • § 14433 Precinct Ballot Result Reporting
  • § 15621 Statewide Election Recount Requests

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Elections Code. Section 16740.
View Official Source