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HomeElections CodeDiv. 16Ch. 5Art. 1§ 16402 Illegal Vote Contest Rules

§ 16402 Illegal Vote Contest Rules

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

§ 16402 Illegal Vote Contest Rules

This law explains how to prove that illegal votes were cast for a candidate and how those votes must be listed before they can be used in court.

Key Takeaways

  • •A written list of illegal votes must be given to the other side at least three days before the trial.
  • •Only the illegal votes that are on the list can be used as evidence.
  • •The list must show how many illegal votes were given and by whom.

Example

A voter claims that the winner got extra votes in a few neighborhoods that shouldn't count.

The voter must give the opponent a written list of exactly how many illegal votes were cast and who gave them, at least three days before the trial. Then only those votes on the list can be mentioned in court; no new illegal votes can be added later.

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

Official Source
View on CA.gov

§ 16402 Illegal Vote Contest Rules

When the reception of illegal votes is alleged as a cause of contest, it is sufficient to state generally that in one or more specified voting precincts illegal votes were given to the defendant, which, if taken from him or her, will reduce the number of his or her legal votes below the number of legal votes given to some other person for the same office. Testimony shall not be received of any illegal votes, unless the contestant delivers to the defendant, at least three days before the trial, a written list of the number of illegal votes, and by whom given, which he or she intends to prove. No testimony may be received of any illegal votes except those that are specified in the list. (Enacted by Stats. 1994, Ch. 920, Sec. 2.)

Last verified: January 10, 2026

Key Terms

illegal voteswritten listthree days before the trial

Related Statutes

  • § 16400 Election Contest Filing Requirements
  • § 16401 Election Contest Filing Deadlines
  • § 16402.5 Voter Denial Election Impact
  • § 16403 Election Contest Grounds
  • § 16404 Election Contest Affidavit Requirements

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Elections Code. Section 16402.
View Official Source