California Laws - Election Code
DIVISION 16. ELECTIONS CONTESTS
CHAPTER 8. COURT'S DECISIONS, JUDGMENT, AND DETERMINATIONS

CHAPTER 8. COURT'S DECISIONS, JUDGMENT, AND DETERMINATIONS (5549)(1-click HTML)

Article 1. General Elections (16700-16703) (5550)(1-click HTML)

16700. The person declared elected by the superior court is entitled to a certificate of election. If a certificate has not already been issued to him or her, the elections official shall immediately make out and deliver to that person a certificate of election signed by him or her. (5551)

16701. If the elections official has issued any certificate for the same office to any other person than the one declared elected by the court, or if the court finds a tie vote in a general election contest brought under this division, the certificate is annulled by the judgment. (5552)

16702. Whenever an election is annulled or set aside by the judgment of the superior court, and no appeal has been taken within 10 days thereafter, the commission, if any has issued, is void and the office vacant. (5553)

16703. If in any election contest it appears that another person than the defendant has the highest number of legal votes, the court shall declare that person elected. (5554)

Article 2. Primary Elections: Other than Recount (16720) (5555)(1-click HTML)

16720. After the court has heard the proofs and allegations of the parties, it shall file its findings of fact and conclusions of law and immediately pronounce judgment either confirming the nomination or setting it aside and decreeing contestant nominated. (5556)

Article 3. Primary Elections: Involving a Recount (16740-16742) (5557)(1-click HTML)

16740. 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. (5558)

16741. A certified copy of the judgment shall be served upon the elections official and may be enforced summarily in the same manner as provided in Section 13314. (5559)

16742. If the contest proceeds in more than one county, and the nominee is to be certified by the Secretary of State from the compilation of election returns in his or her office, the judgment in each county in which there has been a contest shall show what, if any, changes in the returns in the office of the Secretary of State relating to that county ought to be made. Certified copies of the judgments shall be served upon the Secretary of State. He or she shall make the changes in the record in his or her office as each judgment requires, and conform his or her compilation and his or her certificate of nomination accordingly. (5560)

  

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