Statute · California Elections Code

Cal. Elec. Code § 16101 — Grounds for Contest

Cal. Elec. Code § 16101

Type
Statute
Source
California Elections Code
Jurisdiction
California
Date
2004-01-01
Current through
Nov 2, 2026 (California Legislative Counsel)

Any candidate at a primary election may contest the right of another candidate to nomination to the same office by filing an affidavit alleging any of the following grounds, that:

Citator

Cal. Elec. Code § 16101 — Grounds for Contest is in force in the current edition of the Code, and nothing recorded condemns it.

Any candidate at a primary election may contest the right of another candidate to nomination to the same office by filing an affidavit alleging any of the following grounds, that:

(a) The defendant is not eligible to the office in dispute.

(b) The defendant has committed any offense against the elective franchise 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.

(d) A sufficient number of eligible voters who attempted to vote in accordance with the laws of the state were denied their right to vote, and that had those voters been permitted to vote, the defendant would not have received as many votes as the contestant.

(e) Due to mistake, error, or misconduct the votes in any precinct were so incorrectly counted as to change the result.