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HomeElections CodeDiv. 13Ch. 4§ 13314 Ballot Error Legal Challenge

§ 13314 Ballot Error Legal Challenge

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

§ 13314 Ballot Error Legal Challenge

This law lets a voter ask a court to fix a mistake or missing info on a ballot or voter guide, as long as the mistake breaks the rules and fixing it won’t mess up the election.

Key Takeaways

  • •A voter can sue to fix ballot or voter‑guide mistakes or omissions.
  • •The court will only grant the order if the mistake breaks the law and fixing it won’t interfere with the election.
  • •These cases move ahead faster than any other civil case.
  • •The Secretary of State must be named in the lawsuit when it involves a statewide measure or candidate (except a superior‑court judge).
  • •If the Secretary of State or a statewide office is involved, the case must be filed in Sacramento County.

Example

A voter notices that a candidate’s name is spelled wrong on the official ballot.

The voter can ask a court for an order (a writ of mandate) to correct the spelling, showing that the error breaks election rules and that fixing it won’t disrupt the voting process.

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

Official Source
View on CA.gov

§ 13314 Ballot Error Legal Challenge

(a) (1) An elector may seek a writ of mandate alleging that an error or omission has occurred, or is about to occur, in the placing of a name on, or in the printing of, a ballot, county voter information guide, state voter information guide, or other official matter, or that any neglect of duty has occurred, or is about to occur. (2) A peremptory writ of mandate shall issue only upon proof of both of the following: (A) That the error, omission, or neglect is in violation of this code or the Constitution. (B) That issuance of the writ will not substantially interfere with the conduct of the election. (3) The action or appeal shall have priority over all other civil matters. (4) The Secretary of State shall be named as a respondent or a real party in interest in any proceeding under this section concerning a measure or a candidate described in Section 15375, except for a candidate for judge of the superior court. (b) Venue for a proceeding under this section shall be exclusively in Sacramento County in any of the following cases: (1) The Secretary of State is named as a real party in interest or as a respondent. (2) A candidate for statewide elective office is named as a party. (3) A statewide measure that is to be placed on the ballot is the subject of the proceeding. (Amended by Stats. 2016, Ch. 422, Sec. 74. (AB 2911) Effective January 1, 2017.)

Last verified: January 10, 2026

Key Terms

writ of mandateerror or omissionballotvoter information guideneglect of dutySecretary of State

Related Statutes

  • § 301 Ballot Presentation Requirements
  • § 6724 Candidate Ballot Withdrawal
  • § 11301 Petition Signature Examination Rules
  • § 11320 Recall Election Ballot Requirements
  • § 11324 Recall Election Voter Guide

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Elections Code. Section 13314.
View Official Source