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Earlier editions: 2020-112018-11

DIVISION 16. ELECTIONS CONTESTS 16000-16940›CHAPTER 5. Form of Contest Statement 16400-16467›ARTICLE 4. Contests Involving a Recount 16460-16467

§ 16464

California Elections Code · 2026 edition · updated 2026-10-04 · California

At any time within three days after the filing of the affidavit of the contestant to the effect that the contestant has sent by certified mail a copy of the affidavit to the defendant, the defendant may file with the clerk of the superior court an affidavit in the defendant’s own behalf, setting up the defendant’s 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 the defendant’s 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. 2025, Ch. 304, Sec. 13. (AB 1513) Effective January 1, 2026.)

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