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| 1 | + | CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Assembly Bill No. 502Introduced by Assembly Member PellerinFebruary 10, 2025 An act to amend Sections 12, 5200, 13113, 15621, 16442, 16462, and 16464 of the Elections Code, relating to elections. LEGISLATIVE COUNSEL'S DIGESTAB 502, as introduced, Pellerin. Elections: certified mail.Existing law requires specified notices, affidavits, and communications regarding elections be delivered by registered mail.This bill would instead require delivery by certified mail or, for certain communications between local officials and the Secretary of State, by electronic delivery. By imposing new duties on local officials with respect to elections, this bill would create a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 12 of the Elections Code is amended to read:12. Whenever any candidate files a declaration of candidacy, nomination paper, or any other paper evidencing an intention to be a candidate for any public office at any election in this state with either the Secretary of State or a county elections official, the candidate shall by the filing irrevocably appoint the Secretary of State or the county elections official with whom the filing is made, and their successors in office, the candidates attorneys upon whom all process in any action or proceeding against him or her concerning his or her the candidate concerning the candidacy or the election laws may be served with the same effect as if the candidate had been lawfully served with process. The appointment shall continue until the day of the election.If in any action or proceeding arising out of or in connection with any matters concerning his or her the candidates candidacy or the election laws it is shown by affidavit to the satisfaction of a court or judge that personal service of process against the candidate cannot be made with the exercise of due diligence, the court or judge may make an order that the service be made upon the candidate by delivering by hand to the Secretary of State or the county elections official appointed as the candidates attorney for service of process, or to any person employed in his or her office the office of the Secretary of State or the county elections official in the capacity of assistant or deputy, one copy of the process for the defendant to be served, together with a copy of the order authorizing the service. Service in this manner constitutes personal service upon the candidate. The Secretary of State and the county elections officials of all counties shall keep a record of all process served upon them under this section, and shall record therein the time of service and their action with reference thereto.Upon the receipt of service of process the Secretary of State or the county elections official shall immediately give notice of the service of the process to the candidate by forwarding the copy of the process to the candidate at the address shown on his or her the candidates declaration, nomination paper, affidavit, or other evidence of intention to be a candidate filed with that officer, by special delivery registered certified mail with request for return receipt.SEC. 2. Section 5200 of the Elections Code is amended to read:5200. (a) Not less than 123 days before a primary or presidential general election, the Secretary of State shall, with the advice and consent of the Attorney General, determine which parties are disqualified to participate in any primary election under Section 5102 or a presidential general election under Section 5154. If it is proposed to disqualify a party that was qualified to participate in the next preceding direct primary, notice of intention to disqualify shall be served by registered certified mail on the chairperson of the state central committee of the party, as shown by the records of the Secretary of State. In any event, notice of intention to disqualify shall be given in each county of the state by publication pursuant to Section 6061 of the Government Code. If there is no newspaper of general circulation printed and published in any county, publication shall be made in a newspaper of general circulation printed and published in an adjoining county.(b) If the party desires a hearing on the notice of intention to disqualify, it shall, within 10 days after service by mail or within 10 days after the last date upon which the notice was published in any county, whichever is later, file an affidavit in the Supreme Court pursuant to Section 13314 setting forth facts showing that the political party is not disqualified to participate in any primary election under Section 5102 or a presidential general election under Section 5154. If the party does not file the affidavit within the time specified, the notice of intention to disqualify shall constitute final disqualification. Before the affidavit is filed, a copy shall be personally served on the Secretary of State. When filed, the matter shall be set for return in not more than 10 days and shall have priority over any other pending cases.(c) In connection with proceedings in the Supreme Court under this section, the Legislature hereby declares its intent to create a speedy and expeditious method for judicial determination of the vital questions involved, and urges the Supreme Court to accept jurisdiction in any such proceeding. The Legislature further urges that the court instruct any referee before whom the taking of evidence is ordered to report back to the court in sufficient time so that the courts final order may be made effective on or before the 80th day before the primary or presidential general election.SEC. 3. Section 13113 of the Elections Code is amended to read:13113. (a) In the case of an election of candidates in a special district, school district, charter city (whose charter does not provide to the contrary), or other local government body, occurring on other than one of the election dates specified in subdivision (b) of Section 13112, the official responsible for conducting the election shall, at the same time that the election is called, notify the Secretary of State by registered mail electronic delivery of the date of the election, the date of the close of filing, and the last possible date for filing in the event there is an extension of filing due to an incumbent failing to file. file, and the Secretary of State shall provide written confirmation to the official of the receipt of that information. The Secretary of State shall conduct a randomized alphabet drawing pursuant to subdivision (a) of Section 13112 on the first weekday following the last possible day of filing in the event there is an extension for the election.(b) Except as provided for runoff elections in subdivision (d), if two or more drawings for local government elections would occur on the same date, the Secretary of State may use a single randomized alphabet drawing for all of these elections. The Secretary of State shall communicate the results of the drawing by registered mail electronic delivery to each respective official responsible for conducting the election who shall use it to determine the order on the ballot of all candidates names. Each respective official shall provide written confirmation to the Secretary of State of the receipt of the results of the drawing.(c) All drawings held pursuant to this section shall be open to the public.(d) If a charter city conducts a runoff election, it shall use the results of a randomized alphabet drawing separate from the results of the randomized alphabet drawing used for the initial election for that runoff election. The city shall, within three days following the initial election, notify the Secretary of State by registered mail electronic delivery of the date of the election and request that he or she the Secretary of State conduct a randomized alphabet drawing for the runoff election. The Secretary of State shall provide written confirmation to the city of the receipt of the request, and shall immediately conduct a randomized alphabet drawing for the runoff election and communicate the results of the drawing to the elections official responsible for conducting the runoff election who shall use the results to determine the order of all the candidates names on the ballot. The results of the randomized alphabet drawing shall be clearly labeled FOR USE IN A RUNOFF ELECTION ONLY.SEC. 4. Section 15621 of the Elections Code is amended to read:15621. (a) Following completion of the official canvass any voter may, within five days beginning on the 31st day after a statewide election, file with the Secretary of State a written request for a recount of the votes cast for candidates for any statewide office or for or against any measure voted on statewide. The request filed pursuant to this section shall specify in which county or counties the recount is sought and shall specify on behalf of which candidate, slate of electors, or position on a measure (affirmative or negative) it is filed.(b) The Secretary of State shall forthwith send by registered mail electronic delivery one copy of the request to the elections official of each county in which a recount of the votes is sought. sought and the elections official shall provide written confirmation to the Secretary of State of the receipt of the copy of the request.(c) All the other provisions of this article apply to recounts conducted under this section.SEC. 5. Section 16442 of the Elections Code is amended to read:16442. After the affidavit is filed with the clerk of the superior court, a copy of the affidavit shall be personally served upon the defendant or sent to him or her by registered the defendant by certified mail in a sealed envelope with postage prepaid, addressed to the defendant at the place of residence named in his or her the defendants affidavit of registration. The contestant shall make an affidavit of mailing if he or she the contestant serves the affidavit by mail, and file it on the same day with the county elections official.SEC. 6. Section 16462 of the Elections Code is amended to read:16462. No service other than as provided in this section need be made upon the defendant. The affidavit shall be filed in the office of the clerk of the superior court within five days after the completion of the official canvass. Upon the filing of the affidavit the county elections official shall forthwith post, in a conspicuous place in his or her the officials office, a copy of the affidavit. Upon the filing of the affidavit and its posting, the superior court of the county shall have jurisdiction of the subject matter and of the parties to the contest. The contestant on the date of filing the affidavit shall send by registered certified mail a copy thereof to the defendant in a sealed envelope, with postage prepaid, addressed to the defendant at the place of residence named in the affidavit of registration of the defendant, and shall make and file an affidavit of mailing with the county elections official, which shall become a part of the records of the contest.SEC. 7. Section 16464 of the Elections Code is amended to read:16464. At any time within three days after the filing of the affidavit of the contestant to the effect that he or she has sent by registered 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 his or her the defendants own behalf, setting up his or her the defendants 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 his or her the defendants 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 contestants answer shall be filed not later than the first day of the trial of the contest.SEC. 8. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. | |
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| 3 | + | CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Assembly Bill No. 502Introduced by Assembly Member PellerinFebruary 10, 2025 An act to amend Sections 12, 5200, 13113, 15621, 16442, 16462, and 16464 of the Elections Code, relating to elections. LEGISLATIVE COUNSEL'S DIGESTAB 502, as introduced, Pellerin. Elections: certified mail.Existing law requires specified notices, affidavits, and communications regarding elections be delivered by registered mail.This bill would instead require delivery by certified mail or, for certain communications between local officials and the Secretary of State, by electronic delivery. By imposing new duties on local officials with respect to elections, this bill would create a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES | |
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| 5 | - | Amended IN Assembly March 05, 2025 | |
| 6 | 5 | ||
| 7 | - | Amended IN Assembly March 05, 2025 | |
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| 7 | + | ||
| 8 | 8 | ||
| 9 | 9 | CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION | |
| 10 | 10 | ||
| 11 | 11 | Assembly Bill | |
| 12 | 12 | ||
| 13 | 13 | No. 502 | |
| 14 | 14 | ||
| 15 | 15 | Introduced by Assembly Member PellerinFebruary 10, 2025 | |
| 16 | 16 | ||
| 17 | 17 | Introduced by Assembly Member Pellerin | |
| 18 | 18 | February 10, 2025 | |
| 19 | 19 | ||
| 20 | 20 | An act to amend Sections 12, 5200, 13113, 15621, 16442, 16462, and 16464 of the Elections Code, relating to elections. | |
| 21 | 21 | ||
| 22 | 22 | LEGISLATIVE COUNSEL'S DIGEST | |
| 23 | 23 | ||
| 24 | 24 | ## LEGISLATIVE COUNSEL'S DIGEST | |
| 25 | 25 | ||
| 26 | - | AB 502, as | |
| 26 | + | AB 502, as introduced, Pellerin. Elections: certified mail. | |
| 27 | 27 | ||
| 28 | 28 | Existing law requires specified notices, affidavits, and communications regarding elections be delivered by registered mail.This bill would instead require delivery by certified mail or, for certain communications between local officials and the Secretary of State, by electronic delivery. By imposing new duties on local officials with respect to elections, this bill would create a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above. | |
| 29 | 29 | ||
| 30 | 30 | Existing law requires specified notices, affidavits, and communications regarding elections be delivered by registered mail. | |
| 31 | 31 | ||
| 32 | 32 | This bill would instead require delivery by certified mail or, for certain communications between local officials and the Secretary of State, by electronic delivery. By imposing new duties on local officials with respect to elections, this bill would create a state-mandated local program. | |
| 33 | 33 | ||
| 34 | 34 | The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. | |
| 35 | 35 | ||
| 36 | 36 | This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above. | |
| 37 | 37 | ||
| 38 | 38 | ## Digest Key | |
| 39 | 39 | ||
| 40 | 40 | ## Bill Text | |
| 41 | 41 | ||
| 42 | - | The people of the State of California do enact as follows:SECTION 1. Section 12 of the Elections Code is amended to read:12. Whenever any candidate files a declaration of candidacy, nomination paper, or any other paper evidencing an intention to be a candidate for any public office at any election in this state with either the Secretary of State or a county elections official, the candidate shall by the filing irrevocably appoint the Secretary of State or the county elections official with whom the filing is made, and their successors in office, the candidates attorneys upon whom all process in any action or proceeding against the candidate concerning the candidacy or the election laws may be served with the same effect as if the candidate had been lawfully served with process. The appointment shall continue until the day of the election.If in any action or proceeding arising out of or in connection with any matters concerning the candidates candidacy or the election laws it is shown by affidavit to the satisfaction of a court or judge that personal service of process against the candidate cannot be made with the exercise of due diligence, the court or judge may make an order that the service be made upon the candidate by delivering by hand to the Secretary of State or the county elections official appointed as the candidates attorney for service of process, or to any person employed in | |
| 42 | + | The people of the State of California do enact as follows:SECTION 1. Section 12 of the Elections Code is amended to read:12. Whenever any candidate files a declaration of candidacy, nomination paper, or any other paper evidencing an intention to be a candidate for any public office at any election in this state with either the Secretary of State or a county elections official, the candidate shall by the filing irrevocably appoint the Secretary of State or the county elections official with whom the filing is made, and their successors in office, the candidates attorneys upon whom all process in any action or proceeding against him or her concerning his or her the candidate concerning the candidacy or the election laws may be served with the same effect as if the candidate had been lawfully served with process. The appointment shall continue until the day of the election.If in any action or proceeding arising out of or in connection with any matters concerning his or her the candidates candidacy or the election laws it is shown by affidavit to the satisfaction of a court or judge that personal service of process against the candidate cannot be made with the exercise of due diligence, the court or judge may make an order that the service be made upon the candidate by delivering by hand to the Secretary of State or the county elections official appointed as the candidates attorney for service of process, or to any person employed in his or her office the office of the Secretary of State or the county elections official in the capacity of assistant or deputy, one copy of the process for the defendant to be served, together with a copy of the order authorizing the service. Service in this manner constitutes personal service upon the candidate. The Secretary of State and the county elections officials of all counties shall keep a record of all process served upon them under this section, and shall record therein the time of service and their action with reference thereto.Upon the receipt of service of process the Secretary of State or the county elections official shall immediately give notice of the service of the process to the candidate by forwarding the copy of the process to the candidate at the address shown on his or her the candidates declaration, nomination paper, affidavit, or other evidence of intention to be a candidate filed with that officer, by special delivery registered certified mail with request for return receipt.SEC. 2. Section 5200 of the Elections Code is amended to read:5200. (a) Not less than 123 days before a primary or presidential general election, the Secretary of State shall, with the advice and consent of the Attorney General, determine which parties are disqualified to participate in any primary election under Section 5102 or a presidential general election under Section 5154. If it is proposed to disqualify a party that was qualified to participate in the next preceding direct primary, notice of intention to disqualify shall be served by registered certified mail on the chairperson of the state central committee of the party, as shown by the records of the Secretary of State. In any event, notice of intention to disqualify shall be given in each county of the state by publication pursuant to Section 6061 of the Government Code. If there is no newspaper of general circulation printed and published in any county, publication shall be made in a newspaper of general circulation printed and published in an adjoining county.(b) If the party desires a hearing on the notice of intention to disqualify, it shall, within 10 days after service by mail or within 10 days after the last date upon which the notice was published in any county, whichever is later, file an affidavit in the Supreme Court pursuant to Section 13314 setting forth facts showing that the political party is not disqualified to participate in any primary election under Section 5102 or a presidential general election under Section 5154. If the party does not file the affidavit within the time specified, the notice of intention to disqualify shall constitute final disqualification. Before the affidavit is filed, a copy shall be personally served on the Secretary of State. When filed, the matter shall be set for return in not more than 10 days and shall have priority over any other pending cases.(c) In connection with proceedings in the Supreme Court under this section, the Legislature hereby declares its intent to create a speedy and expeditious method for judicial determination of the vital questions involved, and urges the Supreme Court to accept jurisdiction in any such proceeding. The Legislature further urges that the court instruct any referee before whom the taking of evidence is ordered to report back to the court in sufficient time so that the courts final order may be made effective on or before the 80th day before the primary or presidential general election.SEC. 3. Section 13113 of the Elections Code is amended to read:13113. (a) In the case of an election of candidates in a special district, school district, charter city (whose charter does not provide to the contrary), or other local government body, occurring on other than one of the election dates specified in subdivision (b) of Section 13112, the official responsible for conducting the election shall, at the same time that the election is called, notify the Secretary of State by registered mail electronic delivery of the date of the election, the date of the close of filing, and the last possible date for filing in the event there is an extension of filing due to an incumbent failing to file. file, and the Secretary of State shall provide written confirmation to the official of the receipt of that information. The Secretary of State shall conduct a randomized alphabet drawing pursuant to subdivision (a) of Section 13112 on the first weekday following the last possible day of filing in the event there is an extension for the election.(b) Except as provided for runoff elections in subdivision (d), if two or more drawings for local government elections would occur on the same date, the Secretary of State may use a single randomized alphabet drawing for all of these elections. The Secretary of State shall communicate the results of the drawing by registered mail electronic delivery to each respective official responsible for conducting the election who shall use it to determine the order on the ballot of all candidates names. Each respective official shall provide written confirmation to the Secretary of State of the receipt of the results of the drawing.(c) All drawings held pursuant to this section shall be open to the public.(d) If a charter city conducts a runoff election, it shall use the results of a randomized alphabet drawing separate from the results of the randomized alphabet drawing used for the initial election for that runoff election. The city shall, within three days following the initial election, notify the Secretary of State by registered mail electronic delivery of the date of the election and request that he or she the Secretary of State conduct a randomized alphabet drawing for the runoff election. The Secretary of State shall provide written confirmation to the city of the receipt of the request, and shall immediately conduct a randomized alphabet drawing for the runoff election and communicate the results of the drawing to the elections official responsible for conducting the runoff election who shall use the results to determine the order of all the candidates names on the ballot. The results of the randomized alphabet drawing shall be clearly labeled FOR USE IN A RUNOFF ELECTION ONLY.SEC. 4. Section 15621 of the Elections Code is amended to read:15621. (a) Following completion of the official canvass any voter may, within five days beginning on the 31st day after a statewide election, file with the Secretary of State a written request for a recount of the votes cast for candidates for any statewide office or for or against any measure voted on statewide. The request filed pursuant to this section shall specify in which county or counties the recount is sought and shall specify on behalf of which candidate, slate of electors, or position on a measure (affirmative or negative) it is filed.(b) The Secretary of State shall forthwith send by registered mail electronic delivery one copy of the request to the elections official of each county in which a recount of the votes is sought. sought and the elections official shall provide written confirmation to the Secretary of State of the receipt of the copy of the request.(c) All the other provisions of this article apply to recounts conducted under this section.SEC. 5. Section 16442 of the Elections Code is amended to read:16442. After the affidavit is filed with the clerk of the superior court, a copy of the affidavit shall be personally served upon the defendant or sent to him or her by registered the defendant by certified mail in a sealed envelope with postage prepaid, addressed to the defendant at the place of residence named in his or her the defendants affidavit of registration. The contestant shall make an affidavit of mailing if he or she the contestant serves the affidavit by mail, and file it on the same day with the county elections official.SEC. 6. Section 16462 of the Elections Code is amended to read:16462. No service other than as provided in this section need be made upon the defendant. The affidavit shall be filed in the office of the clerk of the superior court within five days after the completion of the official canvass. Upon the filing of the affidavit the county elections official shall forthwith post, in a conspicuous place in his or her the officials office, a copy of the affidavit. Upon the filing of the affidavit and its posting, the superior court of the county shall have jurisdiction of the subject matter and of the parties to the contest. The contestant on the date of filing the affidavit shall send by registered certified mail a copy thereof to the defendant in a sealed envelope, with postage prepaid, addressed to the defendant at the place of residence named in the affidavit of registration of the defendant, and shall make and file an affidavit of mailing with the county elections official, which shall become a part of the records of the contest.SEC. 7. Section 16464 of the Elections Code is amended to read:16464. At any time within three days after the filing of the affidavit of the contestant to the effect that he or she has sent by registered 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 his or her the defendants own behalf, setting up his or her the defendants 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 his or her the defendants 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 contestants answer shall be filed not later than the first day of the trial of the contest.SEC. 8. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. | |
| 43 | 43 | ||
| 44 | 44 | The people of the State of California do enact as follows: | |
| 45 | 45 | ||
| 46 | 46 | ## The people of the State of California do enact as follows: | |
| 47 | 47 | ||
| 48 | - | SECTION 1. Section 12 of the Elections Code is amended to read:12. Whenever any candidate files a declaration of candidacy, nomination paper, or any other paper evidencing an intention to be a candidate for any public office at any election in this state with either the Secretary of State or a county elections official, the candidate shall by the filing irrevocably appoint the Secretary of State or the county elections official with whom the filing is made, and their successors in office, the candidates attorneys upon whom all process in any action or proceeding against the candidate concerning the candidacy or the election laws may be served with the same effect as if the candidate had been lawfully served with process. The appointment shall continue until the day of the election.If in any action or proceeding arising out of or in connection with any matters concerning the candidates candidacy or the election laws it is shown by affidavit to the satisfaction of a court or judge that personal service of process against the candidate cannot be made with the exercise of due diligence, the court or judge may make an order that the service be made upon the candidate by delivering by hand to the Secretary of State or the county elections official appointed as the candidates attorney for service of process, or to any person employed in the office of the Secretary of State or the county elections official in the capacity of assistant or deputy, one copy of the process for the defendant to be served, together with a copy of the order authorizing the service. Service in this manner constitutes personal service upon the candidate. The Secretary of State and the county elections officials of all counties shall keep a record of all process served upon them under this section, and shall record therein the time of service and their action with reference thereto.Upon the receipt of service of process the Secretary of State or the county elections official shall immediately give notice of the service of the process to the candidate by forwarding the copy of the process to the candidate at the address shown on the candidates declaration, nomination paper, affidavit, or other evidence of intention to be a candidate filed with that officer, by certified mail with request for return receipt. | |
| 48 | + | SECTION 1. Section 12 of the Elections Code is amended to read:12. Whenever any candidate files a declaration of candidacy, nomination paper, or any other paper evidencing an intention to be a candidate for any public office at any election in this state with either the Secretary of State or a county elections official, the candidate shall by the filing irrevocably appoint the Secretary of State or the county elections official with whom the filing is made, and their successors in office, the candidates attorneys upon whom all process in any action or proceeding against him or her concerning his or her the candidate concerning the candidacy or the election laws may be served with the same effect as if the candidate had been lawfully served with process. The appointment shall continue until the day of the election.If in any action or proceeding arising out of or in connection with any matters concerning his or her the candidates candidacy or the election laws it is shown by affidavit to the satisfaction of a court or judge that personal service of process against the candidate cannot be made with the exercise of due diligence, the court or judge may make an order that the service be made upon the candidate by delivering by hand to the Secretary of State or the county elections official appointed as the candidates attorney for service of process, or to any person employed in his or her office the office of the Secretary of State or the county elections official in the capacity of assistant or deputy, one copy of the process for the defendant to be served, together with a copy of the order authorizing the service. Service in this manner constitutes personal service upon the candidate. The Secretary of State and the county elections officials of all counties shall keep a record of all process served upon them under this section, and shall record therein the time of service and their action with reference thereto.Upon the receipt of service of process the Secretary of State or the county elections official shall immediately give notice of the service of the process to the candidate by forwarding the copy of the process to the candidate at the address shown on his or her the candidates declaration, nomination paper, affidavit, or other evidence of intention to be a candidate filed with that officer, by special delivery registered certified mail with request for return receipt. | |
| 49 | 49 | ||
| 50 | 50 | SECTION 1. Section 12 of the Elections Code is amended to read: | |
| 51 | 51 | ||
| 52 | 52 | ### SECTION 1. | |
| 53 | 53 | ||
| 54 | - | 12. Whenever any candidate files a declaration of candidacy, nomination paper, or any other paper evidencing an intention to be a candidate for any public office at any election in this state with either the Secretary of State or a county elections official, the candidate shall by the filing irrevocably appoint the Secretary of State or the county elections official with whom the filing is made, and their successors in office, the candidates attorneys upon whom all process in any action or proceeding against the candidate concerning the candidacy or the election laws may be served with the same effect as if the candidate had been lawfully served with process. The appointment shall continue until the day of the election.If in any action or proceeding arising out of or in connection with any matters concerning the candidates candidacy or the election laws it is shown by affidavit to the satisfaction of a court or judge that personal service of process against the candidate cannot be made with the exercise of due diligence, the court or judge may make an order that the service be made upon the candidate by delivering by hand to the Secretary of State or the county elections official appointed as the candidates attorney for service of process, or to any person employed in the office of the Secretary of State or the county elections official in the capacity of assistant or deputy, one copy of the process for the defendant to be served, together with a copy of the order authorizing the service. Service in this manner constitutes personal service upon the candidate. The Secretary of State and the county elections officials of all counties shall keep a record of all process served upon them under this section, and shall record therein the time of service and their action with reference thereto.Upon the receipt of service of process the Secretary of State or the county elections official shall immediately give notice of the service of the process to the candidate by forwarding the copy of the process to the candidate at the address shown on the candidates declaration, nomination paper, affidavit, or other evidence of intention to be a candidate filed with that officer, by certified mail with request for return receipt. | |
| 54 | + | 12. Whenever any candidate files a declaration of candidacy, nomination paper, or any other paper evidencing an intention to be a candidate for any public office at any election in this state with either the Secretary of State or a county elections official, the candidate shall by the filing irrevocably appoint the Secretary of State or the county elections official with whom the filing is made, and their successors in office, the candidates attorneys upon whom all process in any action or proceeding against him or her concerning his or her the candidate concerning the candidacy or the election laws may be served with the same effect as if the candidate had been lawfully served with process. The appointment shall continue until the day of the election.If in any action or proceeding arising out of or in connection with any matters concerning his or her the candidates candidacy or the election laws it is shown by affidavit to the satisfaction of a court or judge that personal service of process against the candidate cannot be made with the exercise of due diligence, the court or judge may make an order that the service be made upon the candidate by delivering by hand to the Secretary of State or the county elections official appointed as the candidates attorney for service of process, or to any person employed in his or her office the office of the Secretary of State or the county elections official in the capacity of assistant or deputy, one copy of the process for the defendant to be served, together with a copy of the order authorizing the service. Service in this manner constitutes personal service upon the candidate. The Secretary of State and the county elections officials of all counties shall keep a record of all process served upon them under this section, and shall record therein the time of service and their action with reference thereto.Upon the receipt of service of process the Secretary of State or the county elections official shall immediately give notice of the service of the process to the candidate by forwarding the copy of the process to the candidate at the address shown on his or her the candidates declaration, nomination paper, affidavit, or other evidence of intention to be a candidate filed with that officer, by special delivery registered certified mail with request for return receipt. | |
| 55 | 55 | ||
| 56 | - | 12. Whenever any candidate files a declaration of candidacy, nomination paper, or any other paper evidencing an intention to be a candidate for any public office at any election in this state with either the Secretary of State or a county elections official, the candidate shall by the filing irrevocably appoint the Secretary of State or the county elections official with whom the filing is made, and their successors in office, the candidates attorneys upon whom all process in any action or proceeding against the candidate concerning the candidacy or the election laws may be served with the same effect as if the candidate had been lawfully served with process. The appointment shall continue until the day of the election.If in any action or proceeding arising out of or in connection with any matters concerning the candidates candidacy or the election laws it is shown by affidavit to the satisfaction of a court or judge that personal service of process against the candidate cannot be made with the exercise of due diligence, the court or judge may make an order that the service be made upon the candidate by delivering by hand to the Secretary of State or the county elections official appointed as the candidates attorney for service of process, or to any person employed in the office of the Secretary of State or the county elections official in the capacity of assistant or deputy, one copy of the process for the defendant to be served, together with a copy of the order authorizing the service. Service in this manner constitutes personal service upon the candidate. The Secretary of State and the county elections officials of all counties shall keep a record of all process served upon them under this section, and shall record therein the time of service and their action with reference thereto.Upon the receipt of service of process the Secretary of State or the county elections official shall immediately give notice of the service of the process to the candidate by forwarding the copy of the process to the candidate at the address shown on the candidates declaration, nomination paper, affidavit, or other evidence of intention to be a candidate filed with that officer, by certified mail with request for return receipt. | |
| 56 | + | 12. Whenever any candidate files a declaration of candidacy, nomination paper, or any other paper evidencing an intention to be a candidate for any public office at any election in this state with either the Secretary of State or a county elections official, the candidate shall by the filing irrevocably appoint the Secretary of State or the county elections official with whom the filing is made, and their successors in office, the candidates attorneys upon whom all process in any action or proceeding against him or her concerning his or her the candidate concerning the candidacy or the election laws may be served with the same effect as if the candidate had been lawfully served with process. The appointment shall continue until the day of the election.If in any action or proceeding arising out of or in connection with any matters concerning his or her the candidates candidacy or the election laws it is shown by affidavit to the satisfaction of a court or judge that personal service of process against the candidate cannot be made with the exercise of due diligence, the court or judge may make an order that the service be made upon the candidate by delivering by hand to the Secretary of State or the county elections official appointed as the candidates attorney for service of process, or to any person employed in his or her office the office of the Secretary of State or the county elections official in the capacity of assistant or deputy, one copy of the process for the defendant to be served, together with a copy of the order authorizing the service. Service in this manner constitutes personal service upon the candidate. The Secretary of State and the county elections officials of all counties shall keep a record of all process served upon them under this section, and shall record therein the time of service and their action with reference thereto.Upon the receipt of service of process the Secretary of State or the county elections official shall immediately give notice of the service of the process to the candidate by forwarding the copy of the process to the candidate at the address shown on his or her the candidates declaration, nomination paper, affidavit, or other evidence of intention to be a candidate filed with that officer, by special delivery registered certified mail with request for return receipt. | |
| 57 | 57 | ||
| 58 | - | 12. Whenever any candidate files a declaration of candidacy, nomination paper, or any other paper evidencing an intention to be a candidate for any public office at any election in this state with either the Secretary of State or a county elections official, the candidate shall by the filing irrevocably appoint the Secretary of State or the county elections official with whom the filing is made, and their successors in office, the candidates attorneys upon whom all process in any action or proceeding against the candidate concerning the candidacy or the election laws may be served with the same effect as if the candidate had been lawfully served with process. The appointment shall continue until the day of the election.If in any action or proceeding arising out of or in connection with any matters concerning the candidates candidacy or the election laws it is shown by affidavit to the satisfaction of a court or judge that personal service of process against the candidate cannot be made with the exercise of due diligence, the court or judge may make an order that the service be made upon the candidate by delivering by hand to the Secretary of State or the county elections official appointed as the candidates attorney for service of process, or to any person employed in the office of the Secretary of State or the county elections official in the capacity of assistant or deputy, one copy of the process for the defendant to be served, together with a copy of the order authorizing the service. Service in this manner constitutes personal service upon the candidate. The Secretary of State and the county elections officials of all counties shall keep a record of all process served upon them under this section, and shall record therein the time of service and their action with reference thereto.Upon the receipt of service of process the Secretary of State or the county elections official shall immediately give notice of the service of the process to the candidate by forwarding the copy of the process to the candidate at the address shown on the candidates declaration, nomination paper, affidavit, or other evidence of intention to be a candidate filed with that officer, by certified mail with request for return receipt. | |
| 58 | + | 12. Whenever any candidate files a declaration of candidacy, nomination paper, or any other paper evidencing an intention to be a candidate for any public office at any election in this state with either the Secretary of State or a county elections official, the candidate shall by the filing irrevocably appoint the Secretary of State or the county elections official with whom the filing is made, and their successors in office, the candidates attorneys upon whom all process in any action or proceeding against him or her concerning his or her the candidate concerning the candidacy or the election laws may be served with the same effect as if the candidate had been lawfully served with process. The appointment shall continue until the day of the election.If in any action or proceeding arising out of or in connection with any matters concerning his or her the candidates candidacy or the election laws it is shown by affidavit to the satisfaction of a court or judge that personal service of process against the candidate cannot be made with the exercise of due diligence, the court or judge may make an order that the service be made upon the candidate by delivering by hand to the Secretary of State or the county elections official appointed as the candidates attorney for service of process, or to any person employed in his or her office the office of the Secretary of State or the county elections official in the capacity of assistant or deputy, one copy of the process for the defendant to be served, together with a copy of the order authorizing the service. Service in this manner constitutes personal service upon the candidate. The Secretary of State and the county elections officials of all counties shall keep a record of all process served upon them under this section, and shall record therein the time of service and their action with reference thereto.Upon the receipt of service of process the Secretary of State or the county elections official shall immediately give notice of the service of the process to the candidate by forwarding the copy of the process to the candidate at the address shown on his or her the candidates declaration, nomination paper, affidavit, or other evidence of intention to be a candidate filed with that officer, by special delivery registered certified mail with request for return receipt. | |
| 59 | 59 | ||
| 60 | 60 | ||
| 61 | 61 | ||
| 62 | - | 12. Whenever any candidate files a declaration of candidacy, nomination paper, or any other paper evidencing an intention to be a candidate for any public office at any election in this state with either the Secretary of State or a county elections official, the candidate shall by the filing irrevocably appoint the Secretary of State or the county elections official with whom the filing is made, and their successors in office, the candidates attorneys upon whom all process in any action or proceeding against the candidate concerning the candidacy or the election laws may be served with the same effect as if the candidate had been lawfully served with process. The appointment shall continue until the day of the election. | |
| 62 | + | 12. Whenever any candidate files a declaration of candidacy, nomination paper, or any other paper evidencing an intention to be a candidate for any public office at any election in this state with either the Secretary of State or a county elections official, the candidate shall by the filing irrevocably appoint the Secretary of State or the county elections official with whom the filing is made, and their successors in office, the candidates attorneys upon whom all process in any action or proceeding against him or her concerning his or her the candidate concerning the candidacy or the election laws may be served with the same effect as if the candidate had been lawfully served with process. The appointment shall continue until the day of the election. | |
| 63 | 63 | ||
| 64 | - | If in any action or proceeding arising out of or in connection with any matters concerning the candidates candidacy or the election laws it is shown by affidavit to the satisfaction of a court or judge that personal service of process against the candidate cannot be made with the exercise of due diligence, the court or judge may make an order that the service be made upon the candidate by delivering by hand to the Secretary of State or the county elections official appointed as the candidates attorney for service of process, or to any person employed in the office of the Secretary of State or the county elections official in the capacity of assistant or deputy, one copy of the process for the defendant to be served, together with a copy of the order authorizing the service. Service in this manner constitutes personal service upon the candidate. The Secretary of State and the county elections officials of all counties shall keep a record of all process served upon them under this section, and shall record therein the time of service and their action with reference thereto. | |
| 64 | + | If in any action or proceeding arising out of or in connection with any matters concerning his or her the candidates candidacy or the election laws it is shown by affidavit to the satisfaction of a court or judge that personal service of process against the candidate cannot be made with the exercise of due diligence, the court or judge may make an order that the service be made upon the candidate by delivering by hand to the Secretary of State or the county elections official appointed as the candidates attorney for service of process, or to any person employed in his or her office the office of the Secretary of State or the county elections official in the capacity of assistant or deputy, one copy of the process for the defendant to be served, together with a copy of the order authorizing the service. Service in this manner constitutes personal service upon the candidate. The Secretary of State and the county elections officials of all counties shall keep a record of all process served upon them under this section, and shall record therein the time of service and their action with reference thereto. | |
| 65 | 65 | ||
| 66 | - | Upon the receipt of service of process the Secretary of State or the county elections official shall immediately give notice of the service of the process to the candidate by forwarding the copy of the process to the candidate at the address shown on the candidates declaration, nomination paper, affidavit, or other evidence of intention to be a candidate filed with that officer, by certified mail with request for return receipt. | |
| 66 | + | Upon the receipt of service of process the Secretary of State or the county elections official shall immediately give notice of the service of the process to the candidate by forwarding the copy of the process to the candidate at the address shown on his or her the candidates declaration, nomination paper, affidavit, or other evidence of intention to be a candidate filed with that officer, by special delivery registered certified mail with request for return receipt. | |
| 67 | 67 | ||
| 68 | - | SEC. 2. Section 5200 of the Elections Code is amended to read:5200. (a) Not less than 123 days before a primary or presidential general election, the Secretary of State shall, with the advice and consent of the Attorney General, determine which parties are disqualified to participate in any primary election under Section 5102 or a presidential general election under Section 5154. If it is proposed to disqualify a party that was qualified to participate in the next preceding direct primary, notice of intention to disqualify shall be served by certified mail on the chairperson of the state central committee of the party, as shown by the records of the Secretary of State. In any event, notice of intention to disqualify shall be given in each county of the state by publication pursuant to Section 6061 of the Government Code. If there is no newspaper of general circulation printed and published in any county, publication shall be made in a newspaper of general circulation printed and published in an adjoining county.(b) If the party desires a hearing on the notice of intention to disqualify, it shall, within 10 days after service by mail or within 10 days after the last date upon which the notice was published in any county, whichever is later, file an affidavit in the Supreme Court pursuant to Section 13314 setting forth facts showing that the political party is not disqualified to participate in any primary election under Section 5102 or a presidential general election under Section 5154. If the party does not file the affidavit within the time specified, the notice of intention to disqualify shall constitute final disqualification. Before the affidavit is filed, a copy shall be personally served on the Secretary of State. When filed, the matter shall be set for return in not more than 10 days and shall have priority over any other pending cases.(c) In connection with proceedings in the Supreme Court under this section, the Legislature hereby declares its intent to create a speedy and expeditious method for judicial determination of the vital questions involved, and urges the Supreme Court to accept jurisdiction in any such proceeding. The Legislature further urges that the court instruct any referee before whom the taking of evidence is ordered to report back to the court in sufficient time so that the courts final order may be made effective on or before the 80th day before the primary or presidential general election. | |
| 68 | + | SEC. 2. Section 5200 of the Elections Code is amended to read:5200. (a) Not less than 123 days before a primary or presidential general election, the Secretary of State shall, with the advice and consent of the Attorney General, determine which parties are disqualified to participate in any primary election under Section 5102 or a presidential general election under Section 5154. If it is proposed to disqualify a party that was qualified to participate in the next preceding direct primary, notice of intention to disqualify shall be served by registered certified mail on the chairperson of the state central committee of the party, as shown by the records of the Secretary of State. In any event, notice of intention to disqualify shall be given in each county of the state by publication pursuant to Section 6061 of the Government Code. If there is no newspaper of general circulation printed and published in any county, publication shall be made in a newspaper of general circulation printed and published in an adjoining county.(b) If the party desires a hearing on the notice of intention to disqualify, it shall, within 10 days after service by mail or within 10 days after the last date upon which the notice was published in any county, whichever is later, file an affidavit in the Supreme Court pursuant to Section 13314 setting forth facts showing that the political party is not disqualified to participate in any primary election under Section 5102 or a presidential general election under Section 5154. If the party does not file the affidavit within the time specified, the notice of intention to disqualify shall constitute final disqualification. Before the affidavit is filed, a copy shall be personally served on the Secretary of State. When filed, the matter shall be set for return in not more than 10 days and shall have priority over any other pending cases.(c) In connection with proceedings in the Supreme Court under this section, the Legislature hereby declares its intent to create a speedy and expeditious method for judicial determination of the vital questions involved, and urges the Supreme Court to accept jurisdiction in any such proceeding. The Legislature further urges that the court instruct any referee before whom the taking of evidence is ordered to report back to the court in sufficient time so that the courts final order may be made effective on or before the 80th day before the primary or presidential general election. | |
| 69 | 69 | ||
| 70 | 70 | SEC. 2. Section 5200 of the Elections Code is amended to read: | |
| 71 | 71 | ||
| 72 | 72 | ### SEC. 2. | |
| 73 | 73 | ||
| 74 | - | 5200. (a) Not less than 123 days before a primary or presidential general election, the Secretary of State shall, with the advice and consent of the Attorney General, determine which parties are disqualified to participate in any primary election under Section 5102 or a presidential general election under Section 5154. If it is proposed to disqualify a party that was qualified to participate in the next preceding direct primary, notice of intention to disqualify shall be served by certified mail on the chairperson of the state central committee of the party, as shown by the records of the Secretary of State. In any event, notice of intention to disqualify shall be given in each county of the state by publication pursuant to Section 6061 of the Government Code. If there is no newspaper of general circulation printed and published in any county, publication shall be made in a newspaper of general circulation printed and published in an adjoining county.(b) If the party desires a hearing on the notice of intention to disqualify, it shall, within 10 days after service by mail or within 10 days after the last date upon which the notice was published in any county, whichever is later, file an affidavit in the Supreme Court pursuant to Section 13314 setting forth facts showing that the political party is not disqualified to participate in any primary election under Section 5102 or a presidential general election under Section 5154. If the party does not file the affidavit within the time specified, the notice of intention to disqualify shall constitute final disqualification. Before the affidavit is filed, a copy shall be personally served on the Secretary of State. When filed, the matter shall be set for return in not more than 10 days and shall have priority over any other pending cases.(c) In connection with proceedings in the Supreme Court under this section, the Legislature hereby declares its intent to create a speedy and expeditious method for judicial determination of the vital questions involved, and urges the Supreme Court to accept jurisdiction in any such proceeding. The Legislature further urges that the court instruct any referee before whom the taking of evidence is ordered to report back to the court in sufficient time so that the courts final order may be made effective on or before the 80th day before the primary or presidential general election. | |
| 74 | + | 5200. (a) Not less than 123 days before a primary or presidential general election, the Secretary of State shall, with the advice and consent of the Attorney General, determine which parties are disqualified to participate in any primary election under Section 5102 or a presidential general election under Section 5154. If it is proposed to disqualify a party that was qualified to participate in the next preceding direct primary, notice of intention to disqualify shall be served by registered certified mail on the chairperson of the state central committee of the party, as shown by the records of the Secretary of State. In any event, notice of intention to disqualify shall be given in each county of the state by publication pursuant to Section 6061 of the Government Code. If there is no newspaper of general circulation printed and published in any county, publication shall be made in a newspaper of general circulation printed and published in an adjoining county.(b) If the party desires a hearing on the notice of intention to disqualify, it shall, within 10 days after service by mail or within 10 days after the last date upon which the notice was published in any county, whichever is later, file an affidavit in the Supreme Court pursuant to Section 13314 setting forth facts showing that the political party is not disqualified to participate in any primary election under Section 5102 or a presidential general election under Section 5154. If the party does not file the affidavit within the time specified, the notice of intention to disqualify shall constitute final disqualification. Before the affidavit is filed, a copy shall be personally served on the Secretary of State. When filed, the matter shall be set for return in not more than 10 days and shall have priority over any other pending cases.(c) In connection with proceedings in the Supreme Court under this section, the Legislature hereby declares its intent to create a speedy and expeditious method for judicial determination of the vital questions involved, and urges the Supreme Court to accept jurisdiction in any such proceeding. The Legislature further urges that the court instruct any referee before whom the taking of evidence is ordered to report back to the court in sufficient time so that the courts final order may be made effective on or before the 80th day before the primary or presidential general election. | |
| 75 | 75 | ||
| 76 | - | 5200. (a) Not less than 123 days before a primary or presidential general election, the Secretary of State shall, with the advice and consent of the Attorney General, determine which parties are disqualified to participate in any primary election under Section 5102 or a presidential general election under Section 5154. If it is proposed to disqualify a party that was qualified to participate in the next preceding direct primary, notice of intention to disqualify shall be served by certified mail on the chairperson of the state central committee of the party, as shown by the records of the Secretary of State. In any event, notice of intention to disqualify shall be given in each county of the state by publication pursuant to Section 6061 of the Government Code. If there is no newspaper of general circulation printed and published in any county, publication shall be made in a newspaper of general circulation printed and published in an adjoining county.(b) If the party desires a hearing on the notice of intention to disqualify, it shall, within 10 days after service by mail or within 10 days after the last date upon which the notice was published in any county, whichever is later, file an affidavit in the Supreme Court pursuant to Section 13314 setting forth facts showing that the political party is not disqualified to participate in any primary election under Section 5102 or a presidential general election under Section 5154. If the party does not file the affidavit within the time specified, the notice of intention to disqualify shall constitute final disqualification. Before the affidavit is filed, a copy shall be personally served on the Secretary of State. When filed, the matter shall be set for return in not more than 10 days and shall have priority over any other pending cases.(c) In connection with proceedings in the Supreme Court under this section, the Legislature hereby declares its intent to create a speedy and expeditious method for judicial determination of the vital questions involved, and urges the Supreme Court to accept jurisdiction in any such proceeding. The Legislature further urges that the court instruct any referee before whom the taking of evidence is ordered to report back to the court in sufficient time so that the courts final order may be made effective on or before the 80th day before the primary or presidential general election. | |
| 76 | + | 5200. (a) Not less than 123 days before a primary or presidential general election, the Secretary of State shall, with the advice and consent of the Attorney General, determine which parties are disqualified to participate in any primary election under Section 5102 or a presidential general election under Section 5154. If it is proposed to disqualify a party that was qualified to participate in the next preceding direct primary, notice of intention to disqualify shall be served by registered certified mail on the chairperson of the state central committee of the party, as shown by the records of the Secretary of State. In any event, notice of intention to disqualify shall be given in each county of the state by publication pursuant to Section 6061 of the Government Code. If there is no newspaper of general circulation printed and published in any county, publication shall be made in a newspaper of general circulation printed and published in an adjoining county.(b) If the party desires a hearing on the notice of intention to disqualify, it shall, within 10 days after service by mail or within 10 days after the last date upon which the notice was published in any county, whichever is later, file an affidavit in the Supreme Court pursuant to Section 13314 setting forth facts showing that the political party is not disqualified to participate in any primary election under Section 5102 or a presidential general election under Section 5154. If the party does not file the affidavit within the time specified, the notice of intention to disqualify shall constitute final disqualification. Before the affidavit is filed, a copy shall be personally served on the Secretary of State. When filed, the matter shall be set for return in not more than 10 days and shall have priority over any other pending cases.(c) In connection with proceedings in the Supreme Court under this section, the Legislature hereby declares its intent to create a speedy and expeditious method for judicial determination of the vital questions involved, and urges the Supreme Court to accept jurisdiction in any such proceeding. The Legislature further urges that the court instruct any referee before whom the taking of evidence is ordered to report back to the court in sufficient time so that the courts final order may be made effective on or before the 80th day before the primary or presidential general election. | |
| 77 | 77 | ||
| 78 | - | 5200. (a) Not less than 123 days before a primary or presidential general election, the Secretary of State shall, with the advice and consent of the Attorney General, determine which parties are disqualified to participate in any primary election under Section 5102 or a presidential general election under Section 5154. If it is proposed to disqualify a party that was qualified to participate in the next preceding direct primary, notice of intention to disqualify shall be served by certified mail on the chairperson of the state central committee of the party, as shown by the records of the Secretary of State. In any event, notice of intention to disqualify shall be given in each county of the state by publication pursuant to Section 6061 of the Government Code. If there is no newspaper of general circulation printed and published in any county, publication shall be made in a newspaper of general circulation printed and published in an adjoining county.(b) If the party desires a hearing on the notice of intention to disqualify, it shall, within 10 days after service by mail or within 10 days after the last date upon which the notice was published in any county, whichever is later, file an affidavit in the Supreme Court pursuant to Section 13314 setting forth facts showing that the political party is not disqualified to participate in any primary election under Section 5102 or a presidential general election under Section 5154. If the party does not file the affidavit within the time specified, the notice of intention to disqualify shall constitute final disqualification. Before the affidavit is filed, a copy shall be personally served on the Secretary of State. When filed, the matter shall be set for return in not more than 10 days and shall have priority over any other pending cases.(c) In connection with proceedings in the Supreme Court under this section, the Legislature hereby declares its intent to create a speedy and expeditious method for judicial determination of the vital questions involved, and urges the Supreme Court to accept jurisdiction in any such proceeding. The Legislature further urges that the court instruct any referee before whom the taking of evidence is ordered to report back to the court in sufficient time so that the courts final order may be made effective on or before the 80th day before the primary or presidential general election. | |
| 78 | + | 5200. (a) Not less than 123 days before a primary or presidential general election, the Secretary of State shall, with the advice and consent of the Attorney General, determine which parties are disqualified to participate in any primary election under Section 5102 or a presidential general election under Section 5154. If it is proposed to disqualify a party that was qualified to participate in the next preceding direct primary, notice of intention to disqualify shall be served by registered certified mail on the chairperson of the state central committee of the party, as shown by the records of the Secretary of State. In any event, notice of intention to disqualify shall be given in each county of the state by publication pursuant to Section 6061 of the Government Code. If there is no newspaper of general circulation printed and published in any county, publication shall be made in a newspaper of general circulation printed and published in an adjoining county.(b) If the party desires a hearing on the notice of intention to disqualify, it shall, within 10 days after service by mail or within 10 days after the last date upon which the notice was published in any county, whichever is later, file an affidavit in the Supreme Court pursuant to Section 13314 setting forth facts showing that the political party is not disqualified to participate in any primary election under Section 5102 or a presidential general election under Section 5154. If the party does not file the affidavit within the time specified, the notice of intention to disqualify shall constitute final disqualification. Before the affidavit is filed, a copy shall be personally served on the Secretary of State. When filed, the matter shall be set for return in not more than 10 days and shall have priority over any other pending cases.(c) In connection with proceedings in the Supreme Court under this section, the Legislature hereby declares its intent to create a speedy and expeditious method for judicial determination of the vital questions involved, and urges the Supreme Court to accept jurisdiction in any such proceeding. The Legislature further urges that the court instruct any referee before whom the taking of evidence is ordered to report back to the court in sufficient time so that the courts final order may be made effective on or before the 80th day before the primary or presidential general election. | |
| 79 | 79 | ||
| 80 | 80 | ||
| 81 | 81 | ||
| 82 | - | 5200. (a) Not less than 123 days before a primary or presidential general election, the Secretary of State shall, with the advice and consent of the Attorney General, determine which parties are disqualified to participate in any primary election under Section 5102 or a presidential general election under Section 5154. If it is proposed to disqualify a party that was qualified to participate in the next preceding direct primary, notice of intention to disqualify shall be served by certified mail on the chairperson of the state central committee of the party, as shown by the records of the Secretary of State. In any event, notice of intention to disqualify shall be given in each county of the state by publication pursuant to Section 6061 of the Government Code. If there is no newspaper of general circulation printed and published in any county, publication shall be made in a newspaper of general circulation printed and published in an adjoining county. | |
| 82 | + | 5200. (a) Not less than 123 days before a primary or presidential general election, the Secretary of State shall, with the advice and consent of the Attorney General, determine which parties are disqualified to participate in any primary election under Section 5102 or a presidential general election under Section 5154. If it is proposed to disqualify a party that was qualified to participate in the next preceding direct primary, notice of intention to disqualify shall be served by registered certified mail on the chairperson of the state central committee of the party, as shown by the records of the Secretary of State. In any event, notice of intention to disqualify shall be given in each county of the state by publication pursuant to Section 6061 of the Government Code. If there is no newspaper of general circulation printed and published in any county, publication shall be made in a newspaper of general circulation printed and published in an adjoining county. | |
| 83 | 83 | ||
| 84 | 84 | (b) If the party desires a hearing on the notice of intention to disqualify, it shall, within 10 days after service by mail or within 10 days after the last date upon which the notice was published in any county, whichever is later, file an affidavit in the Supreme Court pursuant to Section 13314 setting forth facts showing that the political party is not disqualified to participate in any primary election under Section 5102 or a presidential general election under Section 5154. If the party does not file the affidavit within the time specified, the notice of intention to disqualify shall constitute final disqualification. Before the affidavit is filed, a copy shall be personally served on the Secretary of State. When filed, the matter shall be set for return in not more than 10 days and shall have priority over any other pending cases. | |
| 85 | 85 | ||
| 86 | 86 | (c) In connection with proceedings in the Supreme Court under this section, the Legislature hereby declares its intent to create a speedy and expeditious method for judicial determination of the vital questions involved, and urges the Supreme Court to accept jurisdiction in any such proceeding. The Legislature further urges that the court instruct any referee before whom the taking of evidence is ordered to report back to the court in sufficient time so that the courts final order may be made effective on or before the 80th day before the primary or presidential general election. | |
| 87 | 87 | ||
| 88 | - | SEC. 3. Section 13113 of the Elections Code is amended to read:13113. (a) In the case of an election of candidates in a special district, school district, charter city (whose charter does not provide to the contrary), or other local government body, occurring on other than one of the election dates specified in subdivision (b) of Section 13112, the official responsible for conducting the election shall, at the same time that the election is called, notify the Secretary of State by electronic delivery of the date of the election, the date of the close of filing, and the last possible date for filing in the event there is an extension of filing due to an incumbent failing to file, and the Secretary of State shall provide written confirmation | |
| 88 | + | SEC. 3. Section 13113 of the Elections Code is amended to read:13113. (a) In the case of an election of candidates in a special district, school district, charter city (whose charter does not provide to the contrary), or other local government body, occurring on other than one of the election dates specified in subdivision (b) of Section 13112, the official responsible for conducting the election shall, at the same time that the election is called, notify the Secretary of State by registered mail electronic delivery of the date of the election, the date of the close of filing, and the last possible date for filing in the event there is an extension of filing due to an incumbent failing to file. file, and the Secretary of State shall provide written confirmation to the official of the receipt of that information. The Secretary of State shall conduct a randomized alphabet drawing pursuant to subdivision (a) of Section 13112 on the first weekday following the last possible day of filing in the event there is an extension for the election.(b) Except as provided for runoff elections in subdivision (d), if two or more drawings for local government elections would occur on the same date, the Secretary of State may use a single randomized alphabet drawing for all of these elections. The Secretary of State shall communicate the results of the drawing by registered mail electronic delivery to each respective official responsible for conducting the election who shall use it to determine the order on the ballot of all candidates names. Each respective official shall provide written confirmation to the Secretary of State of the receipt of the results of the drawing.(c) All drawings held pursuant to this section shall be open to the public.(d) If a charter city conducts a runoff election, it shall use the results of a randomized alphabet drawing separate from the results of the randomized alphabet drawing used for the initial election for that runoff election. The city shall, within three days following the initial election, notify the Secretary of State by registered mail electronic delivery of the date of the election and request that he or she the Secretary of State conduct a randomized alphabet drawing for the runoff election. The Secretary of State shall provide written confirmation to the city of the receipt of the request, and shall immediately conduct a randomized alphabet drawing for the runoff election and communicate the results of the drawing to the elections official responsible for conducting the runoff election who shall use the results to determine the order of all the candidates names on the ballot. The results of the randomized alphabet drawing shall be clearly labeled FOR USE IN A RUNOFF ELECTION ONLY. | |
| 89 | 89 | ||
| 90 | 90 | SEC. 3. Section 13113 of the Elections Code is amended to read: | |
| 91 | 91 | ||
| 92 | 92 | ### SEC. 3. | |
| 93 | 93 | ||
| 94 | - | 13113. (a) In the case of an election of candidates in a special district, school district, charter city (whose charter does not provide to the contrary), or other local government body, occurring on other than one of the election dates specified in subdivision (b) of Section 13112, the official responsible for conducting the election shall, at the same time that the election is called, notify the Secretary of State by electronic delivery of the date of the election, the date of the close of filing, and the last possible date for filing in the event there is an extension of filing due to an incumbent failing to file, and the Secretary of State shall provide written confirmation | |
| 94 | + | 13113. (a) In the case of an election of candidates in a special district, school district, charter city (whose charter does not provide to the contrary), or other local government body, occurring on other than one of the election dates specified in subdivision (b) of Section 13112, the official responsible for conducting the election shall, at the same time that the election is called, notify the Secretary of State by registered mail electronic delivery of the date of the election, the date of the close of filing, and the last possible date for filing in the event there is an extension of filing due to an incumbent failing to file. file, and the Secretary of State shall provide written confirmation to the official of the receipt of that information. The Secretary of State shall conduct a randomized alphabet drawing pursuant to subdivision (a) of Section 13112 on the first weekday following the last possible day of filing in the event there is an extension for the election.(b) Except as provided for runoff elections in subdivision (d), if two or more drawings for local government elections would occur on the same date, the Secretary of State may use a single randomized alphabet drawing for all of these elections. The Secretary of State shall communicate the results of the drawing by registered mail electronic delivery to each respective official responsible for conducting the election who shall use it to determine the order on the ballot of all candidates names. Each respective official shall provide written confirmation to the Secretary of State of the receipt of the results of the drawing.(c) All drawings held pursuant to this section shall be open to the public.(d) If a charter city conducts a runoff election, it shall use the results of a randomized alphabet drawing separate from the results of the randomized alphabet drawing used for the initial election for that runoff election. The city shall, within three days following the initial election, notify the Secretary of State by registered mail electronic delivery of the date of the election and request that he or she the Secretary of State conduct a randomized alphabet drawing for the runoff election. The Secretary of State shall provide written confirmation to the city of the receipt of the request, and shall immediately conduct a randomized alphabet drawing for the runoff election and communicate the results of the drawing to the elections official responsible for conducting the runoff election who shall use the results to determine the order of all the candidates names on the ballot. The results of the randomized alphabet drawing shall be clearly labeled FOR USE IN A RUNOFF ELECTION ONLY. | |
| 95 | 95 | ||
| 96 | - | 13113. (a) In the case of an election of candidates in a special district, school district, charter city (whose charter does not provide to the contrary), or other local government body, occurring on other than one of the election dates specified in subdivision (b) of Section 13112, the official responsible for conducting the election shall, at the same time that the election is called, notify the Secretary of State by electronic delivery of the date of the election, the date of the close of filing, and the last possible date for filing in the event there is an extension of filing due to an incumbent failing to file, and the Secretary of State shall provide written confirmation | |
| 96 | + | 13113. (a) In the case of an election of candidates in a special district, school district, charter city (whose charter does not provide to the contrary), or other local government body, occurring on other than one of the election dates specified in subdivision (b) of Section 13112, the official responsible for conducting the election shall, at the same time that the election is called, notify the Secretary of State by registered mail electronic delivery of the date of the election, the date of the close of filing, and the last possible date for filing in the event there is an extension of filing due to an incumbent failing to file. file, and the Secretary of State shall provide written confirmation to the official of the receipt of that information. The Secretary of State shall conduct a randomized alphabet drawing pursuant to subdivision (a) of Section 13112 on the first weekday following the last possible day of filing in the event there is an extension for the election.(b) Except as provided for runoff elections in subdivision (d), if two or more drawings for local government elections would occur on the same date, the Secretary of State may use a single randomized alphabet drawing for all of these elections. The Secretary of State shall communicate the results of the drawing by registered mail electronic delivery to each respective official responsible for conducting the election who shall use it to determine the order on the ballot of all candidates names. Each respective official shall provide written confirmation to the Secretary of State of the receipt of the results of the drawing.(c) All drawings held pursuant to this section shall be open to the public.(d) If a charter city conducts a runoff election, it shall use the results of a randomized alphabet drawing separate from the results of the randomized alphabet drawing used for the initial election for that runoff election. The city shall, within three days following the initial election, notify the Secretary of State by registered mail electronic delivery of the date of the election and request that he or she the Secretary of State conduct a randomized alphabet drawing for the runoff election. The Secretary of State shall provide written confirmation to the city of the receipt of the request, and shall immediately conduct a randomized alphabet drawing for the runoff election and communicate the results of the drawing to the elections official responsible for conducting the runoff election who shall use the results to determine the order of all the candidates names on the ballot. The results of the randomized alphabet drawing shall be clearly labeled FOR USE IN A RUNOFF ELECTION ONLY. | |
| 97 | 97 | ||
| 98 | - | 13113. (a) In the case of an election of candidates in a special district, school district, charter city (whose charter does not provide to the contrary), or other local government body, occurring on other than one of the election dates specified in subdivision (b) of Section 13112, the official responsible for conducting the election shall, at the same time that the election is called, notify the Secretary of State by electronic delivery of the date of the election, the date of the close of filing, and the last possible date for filing in the event there is an extension of filing due to an incumbent failing to file, and the Secretary of State shall provide written confirmation | |
| 98 | + | 13113. (a) In the case of an election of candidates in a special district, school district, charter city (whose charter does not provide to the contrary), or other local government body, occurring on other than one of the election dates specified in subdivision (b) of Section 13112, the official responsible for conducting the election shall, at the same time that the election is called, notify the Secretary of State by registered mail electronic delivery of the date of the election, the date of the close of filing, and the last possible date for filing in the event there is an extension of filing due to an incumbent failing to file. file, and the Secretary of State shall provide written confirmation to the official of the receipt of that information. The Secretary of State shall conduct a randomized alphabet drawing pursuant to subdivision (a) of Section 13112 on the first weekday following the last possible day of filing in the event there is an extension for the election.(b) Except as provided for runoff elections in subdivision (d), if two or more drawings for local government elections would occur on the same date, the Secretary of State may use a single randomized alphabet drawing for all of these elections. The Secretary of State shall communicate the results of the drawing by registered mail electronic delivery to each respective official responsible for conducting the election who shall use it to determine the order on the ballot of all candidates names. Each respective official shall provide written confirmation to the Secretary of State of the receipt of the results of the drawing.(c) All drawings held pursuant to this section shall be open to the public.(d) If a charter city conducts a runoff election, it shall use the results of a randomized alphabet drawing separate from the results of the randomized alphabet drawing used for the initial election for that runoff election. The city shall, within three days following the initial election, notify the Secretary of State by registered mail electronic delivery of the date of the election and request that he or she the Secretary of State conduct a randomized alphabet drawing for the runoff election. The Secretary of State shall provide written confirmation to the city of the receipt of the request, and shall immediately conduct a randomized alphabet drawing for the runoff election and communicate the results of the drawing to the elections official responsible for conducting the runoff election who shall use the results to determine the order of all the candidates names on the ballot. The results of the randomized alphabet drawing shall be clearly labeled FOR USE IN A RUNOFF ELECTION ONLY. | |
| 99 | 99 | ||
| 100 | 100 | ||
| 101 | 101 | ||
| 102 | - | 13113. (a) In the case of an election of candidates in a special district, school district, charter city (whose charter does not provide to the contrary), or other local government body, occurring on other than one of the election dates specified in subdivision (b) of Section 13112, the official responsible for conducting the election shall, at the same time that the election is called, notify the Secretary of State by electronic delivery of the date of the election, the date of the close of filing, and the last possible date for filing in the event there is an extension of filing due to an incumbent failing to file, and the Secretary of State shall provide written confirmation | |
| 102 | + | 13113. (a) In the case of an election of candidates in a special district, school district, charter city (whose charter does not provide to the contrary), or other local government body, occurring on other than one of the election dates specified in subdivision (b) of Section 13112, the official responsible for conducting the election shall, at the same time that the election is called, notify the Secretary of State by registered mail electronic delivery of the date of the election, the date of the close of filing, and the last possible date for filing in the event there is an extension of filing due to an incumbent failing to file. file, and the Secretary of State shall provide written confirmation to the official of the receipt of that information. The Secretary of State shall conduct a randomized alphabet drawing pursuant to subdivision (a) of Section 13112 on the first weekday following the last possible day of filing in the event there is an extension for the election. | |
| 103 | 103 | ||
| 104 | - | (b) Except as provided for runoff elections in subdivision (d), if two or more drawings for local government elections would occur on the same date, the Secretary of State may use a single randomized alphabet drawing for all of these elections. The Secretary of State shall communicate the results of the drawing by electronic delivery to each respective official responsible for conducting the election who shall use it to determine the order on the ballot of all candidates names. Each respective official shall provide written confirmation | |
| 104 | + | (b) Except as provided for runoff elections in subdivision (d), if two or more drawings for local government elections would occur on the same date, the Secretary of State may use a single randomized alphabet drawing for all of these elections. The Secretary of State shall communicate the results of the drawing by registered mail electronic delivery to each respective official responsible for conducting the election who shall use it to determine the order on the ballot of all candidates names. Each respective official shall provide written confirmation to the Secretary of State of the receipt of the results of the drawing. | |
| 105 | 105 | ||
| 106 | 106 | (c) All drawings held pursuant to this section shall be open to the public. | |
| 107 | 107 | ||
| 108 | - | (d) If a charter city conducts a runoff election, it shall use the results of a randomized alphabet drawing separate from the results of the randomized alphabet drawing used for the initial election for that runoff election. The city shall, within three days following the initial election, notify the Secretary of State by electronic delivery of the date of the election and request that the Secretary of State conduct a randomized alphabet drawing for the runoff election. The Secretary of State shall provide written confirmation | |
| 108 | + | (d) If a charter city conducts a runoff election, it shall use the results of a randomized alphabet drawing separate from the results of the randomized alphabet drawing used for the initial election for that runoff election. The city shall, within three days following the initial election, notify the Secretary of State by registered mail electronic delivery of the date of the election and request that he or she the Secretary of State conduct a randomized alphabet drawing for the runoff election. The Secretary of State shall provide written confirmation to the city of the receipt of the request, and shall immediately conduct a randomized alphabet drawing for the runoff election and communicate the results of the drawing to the elections official responsible for conducting the runoff election who shall use the results to determine the order of all the candidates names on the ballot. The results of the randomized alphabet drawing shall be clearly labeled FOR USE IN A RUNOFF ELECTION ONLY. | |
| 109 | 109 | ||
| 110 | - | SEC. 4. Section 15621 of the Elections Code is amended to read:15621. (a) Following completion of the official canvass any voter may, within five days beginning on the 31st day after a statewide election, file with the Secretary of State a written request for a recount of the votes cast for candidates for any statewide office or for or against any measure voted on statewide. The request filed pursuant to this section shall specify in which county or counties the recount is sought and shall specify on behalf of which candidate, slate of electors, or position on a measure (affirmative or negative) it is filed.(b) The Secretary of State shall forthwith send by electronic delivery one copy of the request to the elections official of each county in which a recount of the votes is sought and the elections official shall provide written confirmation | |
| 110 | + | SEC. 4. Section 15621 of the Elections Code is amended to read:15621. (a) Following completion of the official canvass any voter may, within five days beginning on the 31st day after a statewide election, file with the Secretary of State a written request for a recount of the votes cast for candidates for any statewide office or for or against any measure voted on statewide. The request filed pursuant to this section shall specify in which county or counties the recount is sought and shall specify on behalf of which candidate, slate of electors, or position on a measure (affirmative or negative) it is filed.(b) The Secretary of State shall forthwith send by registered mail electronic delivery one copy of the request to the elections official of each county in which a recount of the votes is sought. sought and the elections official shall provide written confirmation to the Secretary of State of the receipt of the copy of the request.(c) All the other provisions of this article apply to recounts conducted under this section. | |
| 111 | 111 | ||
| 112 | 112 | SEC. 4. Section 15621 of the Elections Code is amended to read: | |
| 113 | 113 | ||
| 114 | 114 | ### SEC. 4. | |
| 115 | 115 | ||
| 116 | - | 15621. (a) Following completion of the official canvass any voter may, within five days beginning on the 31st day after a statewide election, file with the Secretary of State a written request for a recount of the votes cast for candidates for any statewide office or for or against any measure voted on statewide. The request filed pursuant to this section shall specify in which county or counties the recount is sought and shall specify on behalf of which candidate, slate of electors, or position on a measure (affirmative or negative) it is filed.(b) The Secretary of State shall forthwith send by electronic delivery one copy of the request to the elections official of each county in which a recount of the votes is sought and the elections official shall provide written confirmation | |
| 116 | + | 15621. (a) Following completion of the official canvass any voter may, within five days beginning on the 31st day after a statewide election, file with the Secretary of State a written request for a recount of the votes cast for candidates for any statewide office or for or against any measure voted on statewide. The request filed pursuant to this section shall specify in which county or counties the recount is sought and shall specify on behalf of which candidate, slate of electors, or position on a measure (affirmative or negative) it is filed.(b) The Secretary of State shall forthwith send by registered mail electronic delivery one copy of the request to the elections official of each county in which a recount of the votes is sought. sought and the elections official shall provide written confirmation to the Secretary of State of the receipt of the copy of the request.(c) All the other provisions of this article apply to recounts conducted under this section. | |
| 117 | 117 | ||
| 118 | - | 15621. (a) Following completion of the official canvass any voter may, within five days beginning on the 31st day after a statewide election, file with the Secretary of State a written request for a recount of the votes cast for candidates for any statewide office or for or against any measure voted on statewide. The request filed pursuant to this section shall specify in which county or counties the recount is sought and shall specify on behalf of which candidate, slate of electors, or position on a measure (affirmative or negative) it is filed.(b) The Secretary of State shall forthwith send by electronic delivery one copy of the request to the elections official of each county in which a recount of the votes is sought and the elections official shall provide written confirmation | |
| 118 | + | 15621. (a) Following completion of the official canvass any voter may, within five days beginning on the 31st day after a statewide election, file with the Secretary of State a written request for a recount of the votes cast for candidates for any statewide office or for or against any measure voted on statewide. The request filed pursuant to this section shall specify in which county or counties the recount is sought and shall specify on behalf of which candidate, slate of electors, or position on a measure (affirmative or negative) it is filed.(b) The Secretary of State shall forthwith send by registered mail electronic delivery one copy of the request to the elections official of each county in which a recount of the votes is sought. sought and the elections official shall provide written confirmation to the Secretary of State of the receipt of the copy of the request.(c) All the other provisions of this article apply to recounts conducted under this section. | |
| 119 | 119 | ||
| 120 | - | 15621. (a) Following completion of the official canvass any voter may, within five days beginning on the 31st day after a statewide election, file with the Secretary of State a written request for a recount of the votes cast for candidates for any statewide office or for or against any measure voted on statewide. The request filed pursuant to this section shall specify in which county or counties the recount is sought and shall specify on behalf of which candidate, slate of electors, or position on a measure (affirmative or negative) it is filed.(b) The Secretary of State shall forthwith send by electronic delivery one copy of the request to the elections official of each county in which a recount of the votes is sought and the elections official shall provide written confirmation | |
| 120 | + | 15621. (a) Following completion of the official canvass any voter may, within five days beginning on the 31st day after a statewide election, file with the Secretary of State a written request for a recount of the votes cast for candidates for any statewide office or for or against any measure voted on statewide. The request filed pursuant to this section shall specify in which county or counties the recount is sought and shall specify on behalf of which candidate, slate of electors, or position on a measure (affirmative or negative) it is filed.(b) The Secretary of State shall forthwith send by registered mail electronic delivery one copy of the request to the elections official of each county in which a recount of the votes is sought. sought and the elections official shall provide written confirmation to the Secretary of State of the receipt of the copy of the request.(c) All the other provisions of this article apply to recounts conducted under this section. | |
| 121 | 121 | ||
| 122 | 122 | ||
| 123 | 123 | ||
| 124 | 124 | 15621. (a) Following completion of the official canvass any voter may, within five days beginning on the 31st day after a statewide election, file with the Secretary of State a written request for a recount of the votes cast for candidates for any statewide office or for or against any measure voted on statewide. The request filed pursuant to this section shall specify in which county or counties the recount is sought and shall specify on behalf of which candidate, slate of electors, or position on a measure (affirmative or negative) it is filed. | |
| 125 | 125 | ||
| 126 | - | (b) The Secretary of State shall forthwith send by electronic delivery one copy of the request to the elections official of each county in which a recount of the votes is sought and the elections official shall provide written confirmation | |
| 126 | + | (b) The Secretary of State shall forthwith send by registered mail electronic delivery one copy of the request to the elections official of each county in which a recount of the votes is sought. sought and the elections official shall provide written confirmation to the Secretary of State of the receipt of the copy of the request. | |
| 127 | 127 | ||
| 128 | 128 | (c) All the other provisions of this article apply to recounts conducted under this section. | |
| 129 | 129 | ||
| 130 | - | SEC. 5. Section 16442 of the Elections Code is amended to read:16442. After the affidavit is filed with the clerk of the superior court, a copy of the affidavit shall be personally served upon the defendant or sent to the defendant by certified mail in a sealed envelope with postage prepaid, addressed to the defendant at the place of residence named in the defendants affidavit of registration. The contestant shall make an affidavit of mailing if the contestant serves the affidavit by mail, and file it on the same day with the county elections official. | |
| 130 | + | SEC. 5. Section 16442 of the Elections Code is amended to read:16442. After the affidavit is filed with the clerk of the superior court, a copy of the affidavit shall be personally served upon the defendant or sent to him or her by registered the defendant by certified mail in a sealed envelope with postage prepaid, addressed to the defendant at the place of residence named in his or her the defendants affidavit of registration. The contestant shall make an affidavit of mailing if he or she the contestant serves the affidavit by mail, and file it on the same day with the county elections official. | |
| 131 | 131 | ||
| 132 | 132 | SEC. 5. Section 16442 of the Elections Code is amended to read: | |
| 133 | 133 | ||
| 134 | 134 | ### SEC. 5. | |
| 135 | 135 | ||
| 136 | - | 16442. After the affidavit is filed with the clerk of the superior court, a copy of the affidavit shall be personally served upon the defendant or sent to the defendant by certified mail in a sealed envelope with postage prepaid, addressed to the defendant at the place of residence named in the defendants affidavit of registration. The contestant shall make an affidavit of mailing if the contestant serves the affidavit by mail, and file it on the same day with the county elections official. | |
| 136 | + | 16442. After the affidavit is filed with the clerk of the superior court, a copy of the affidavit shall be personally served upon the defendant or sent to him or her by registered the defendant by certified mail in a sealed envelope with postage prepaid, addressed to the defendant at the place of residence named in his or her the defendants affidavit of registration. The contestant shall make an affidavit of mailing if he or she the contestant serves the affidavit by mail, and file it on the same day with the county elections official. | |
| 137 | 137 | ||
| 138 | - | 16442. After the affidavit is filed with the clerk of the superior court, a copy of the affidavit shall be personally served upon the defendant or sent to the defendant by certified mail in a sealed envelope with postage prepaid, addressed to the defendant at the place of residence named in the defendants affidavit of registration. The contestant shall make an affidavit of mailing if the contestant serves the affidavit by mail, and file it on the same day with the county elections official. | |
| 138 | + | 16442. After the affidavit is filed with the clerk of the superior court, a copy of the affidavit shall be personally served upon the defendant or sent to him or her by registered the defendant by certified mail in a sealed envelope with postage prepaid, addressed to the defendant at the place of residence named in his or her the defendants affidavit of registration. The contestant shall make an affidavit of mailing if he or she the contestant serves the affidavit by mail, and file it on the same day with the county elections official. | |
| 139 | 139 | ||
| 140 | - | 16442. After the affidavit is filed with the clerk of the superior court, a copy of the affidavit shall be personally served upon the defendant or sent to the defendant by certified mail in a sealed envelope with postage prepaid, addressed to the defendant at the place of residence named in the defendants affidavit of registration. The contestant shall make an affidavit of mailing if the contestant serves the affidavit by mail, and file it on the same day with the county elections official. | |
| 140 | + | 16442. After the affidavit is filed with the clerk of the superior court, a copy of the affidavit shall be personally served upon the defendant or sent to him or her by registered the defendant by certified mail in a sealed envelope with postage prepaid, addressed to the defendant at the place of residence named in his or her the defendants affidavit of registration. The contestant shall make an affidavit of mailing if he or she the contestant serves the affidavit by mail, and file it on the same day with the county elections official. | |
| 141 | 141 | ||
| 142 | 142 | ||
| 143 | 143 | ||
| 144 | - | 16442. After the affidavit is filed with the clerk of the superior court, a copy of the affidavit shall be personally served upon the defendant or sent to the defendant by certified mail in a sealed envelope with postage prepaid, addressed to the defendant at the place of residence named in the defendants affidavit of registration. The contestant shall make an affidavit of mailing if the contestant serves the affidavit by mail, and file it on the same day with the county elections official. | |
| 144 | + | 16442. After the affidavit is filed with the clerk of the superior court, a copy of the affidavit shall be personally served upon the defendant or sent to him or her by registered the defendant by certified mail in a sealed envelope with postage prepaid, addressed to the defendant at the place of residence named in his or her the defendants affidavit of registration. The contestant shall make an affidavit of mailing if he or she the contestant serves the affidavit by mail, and file it on the same day with the county elections official. | |
| 145 | 145 | ||
| 146 | - | SEC. 6. Section 16462 of the Elections Code is amended to read:16462. No service other than as provided in this section need be made upon the defendant. The affidavit shall be filed in the office of the clerk of the superior court within five days after the completion of the official canvass. Upon the filing of the affidavit the county elections official shall forthwith post, in a conspicuous place in the officials office, a copy of the affidavit. Upon the filing of the affidavit and its posting, the superior court of the county shall have jurisdiction of the subject matter and of the parties to the contest. The contestant on the date of filing the affidavit shall send by certified mail a copy thereof to the defendant in a sealed envelope, with postage prepaid, addressed to the defendant at the place of residence named in the affidavit of registration of the defendant, and shall make and file an affidavit of mailing with the county elections official, which shall become a part of the records of the contest. | |
| 146 | + | SEC. 6. Section 16462 of the Elections Code is amended to read:16462. No service other than as provided in this section need be made upon the defendant. The affidavit shall be filed in the office of the clerk of the superior court within five days after the completion of the official canvass. Upon the filing of the affidavit the county elections official shall forthwith post, in a conspicuous place in his or her the officials office, a copy of the affidavit. Upon the filing of the affidavit and its posting, the superior court of the county shall have jurisdiction of the subject matter and of the parties to the contest. The contestant on the date of filing the affidavit shall send by registered certified mail a copy thereof to the defendant in a sealed envelope, with postage prepaid, addressed to the defendant at the place of residence named in the affidavit of registration of the defendant, and shall make and file an affidavit of mailing with the county elections official, which shall become a part of the records of the contest. | |
| 147 | 147 | ||
| 148 | 148 | SEC. 6. Section 16462 of the Elections Code is amended to read: | |
| 149 | 149 | ||
| 150 | 150 | ### SEC. 6. | |
| 151 | 151 | ||
| 152 | - | 16462. No service other than as provided in this section need be made upon the defendant. The affidavit shall be filed in the office of the clerk of the superior court within five days after the completion of the official canvass. Upon the filing of the affidavit the county elections official shall forthwith post, in a conspicuous place in the officials office, a copy of the affidavit. Upon the filing of the affidavit and its posting, the superior court of the county shall have jurisdiction of the subject matter and of the parties to the contest. The contestant on the date of filing the affidavit shall send by certified mail a copy thereof to the defendant in a sealed envelope, with postage prepaid, addressed to the defendant at the place of residence named in the affidavit of registration of the defendant, and shall make and file an affidavit of mailing with the county elections official, which shall become a part of the records of the contest. | |
| 152 | + | 16462. No service other than as provided in this section need be made upon the defendant. The affidavit shall be filed in the office of the clerk of the superior court within five days after the completion of the official canvass. Upon the filing of the affidavit the county elections official shall forthwith post, in a conspicuous place in his or her the officials office, a copy of the affidavit. Upon the filing of the affidavit and its posting, the superior court of the county shall have jurisdiction of the subject matter and of the parties to the contest. The contestant on the date of filing the affidavit shall send by registered certified mail a copy thereof to the defendant in a sealed envelope, with postage prepaid, addressed to the defendant at the place of residence named in the affidavit of registration of the defendant, and shall make and file an affidavit of mailing with the county elections official, which shall become a part of the records of the contest. | |
| 153 | 153 | ||
| 154 | - | 16462. No service other than as provided in this section need be made upon the defendant. The affidavit shall be filed in the office of the clerk of the superior court within five days after the completion of the official canvass. Upon the filing of the affidavit the county elections official shall forthwith post, in a conspicuous place in the officials office, a copy of the affidavit. Upon the filing of the affidavit and its posting, the superior court of the county shall have jurisdiction of the subject matter and of the parties to the contest. The contestant on the date of filing the affidavit shall send by certified mail a copy thereof to the defendant in a sealed envelope, with postage prepaid, addressed to the defendant at the place of residence named in the affidavit of registration of the defendant, and shall make and file an affidavit of mailing with the county elections official, which shall become a part of the records of the contest. | |
| 154 | + | 16462. No service other than as provided in this section need be made upon the defendant. The affidavit shall be filed in the office of the clerk of the superior court within five days after the completion of the official canvass. Upon the filing of the affidavit the county elections official shall forthwith post, in a conspicuous place in his or her the officials office, a copy of the affidavit. Upon the filing of the affidavit and its posting, the superior court of the county shall have jurisdiction of the subject matter and of the parties to the contest. The contestant on the date of filing the affidavit shall send by registered certified mail a copy thereof to the defendant in a sealed envelope, with postage prepaid, addressed to the defendant at the place of residence named in the affidavit of registration of the defendant, and shall make and file an affidavit of mailing with the county elections official, which shall become a part of the records of the contest. | |
| 155 | 155 | ||
| 156 | - | 16462. No service other than as provided in this section need be made upon the defendant. The affidavit shall be filed in the office of the clerk of the superior court within five days after the completion of the official canvass. Upon the filing of the affidavit the county elections official shall forthwith post, in a conspicuous place in the officials office, a copy of the affidavit. Upon the filing of the affidavit and its posting, the superior court of the county shall have jurisdiction of the subject matter and of the parties to the contest. The contestant on the date of filing the affidavit shall send by certified mail a copy thereof to the defendant in a sealed envelope, with postage prepaid, addressed to the defendant at the place of residence named in the affidavit of registration of the defendant, and shall make and file an affidavit of mailing with the county elections official, which shall become a part of the records of the contest. | |
| 156 | + | 16462. No service other than as provided in this section need be made upon the defendant. The affidavit shall be filed in the office of the clerk of the superior court within five days after the completion of the official canvass. Upon the filing of the affidavit the county elections official shall forthwith post, in a conspicuous place in his or her the officials office, a copy of the affidavit. Upon the filing of the affidavit and its posting, the superior court of the county shall have jurisdiction of the subject matter and of the parties to the contest. The contestant on the date of filing the affidavit shall send by registered certified mail a copy thereof to the defendant in a sealed envelope, with postage prepaid, addressed to the defendant at the place of residence named in the affidavit of registration of the defendant, and shall make and file an affidavit of mailing with the county elections official, which shall become a part of the records of the contest. | |
| 157 | 157 | ||
| 158 | 158 | ||
| 159 | 159 | ||
| 160 | - | 16462. No service other than as provided in this section need be made upon the defendant. The affidavit shall be filed in the office of the clerk of the superior court within five days after the completion of the official canvass. Upon the filing of the affidavit the county elections official shall forthwith post, in a conspicuous place in the officials office, a copy of the affidavit. Upon the filing of the affidavit and its posting, the superior court of the county shall have jurisdiction of the subject matter and of the parties to the contest. The contestant on the date of filing the affidavit shall send by certified mail a copy thereof to the defendant in a sealed envelope, with postage prepaid, addressed to the defendant at the place of residence named in the affidavit of registration of the defendant, and shall make and file an affidavit of mailing with the county elections official, which shall become a part of the records of the contest. | |
| 160 | + | 16462. No service other than as provided in this section need be made upon the defendant. The affidavit shall be filed in the office of the clerk of the superior court within five days after the completion of the official canvass. Upon the filing of the affidavit the county elections official shall forthwith post, in a conspicuous place in his or her the officials office, a copy of the affidavit. Upon the filing of the affidavit and its posting, the superior court of the county shall have jurisdiction of the subject matter and of the parties to the contest. The contestant on the date of filing the affidavit shall send by registered certified mail a copy thereof to the defendant in a sealed envelope, with postage prepaid, addressed to the defendant at the place of residence named in the affidavit of registration of the defendant, and shall make and file an affidavit of mailing with the county elections official, which shall become a part of the records of the contest. | |
| 161 | 161 | ||
| 162 | - | SEC. 7. Section 16464 of the Elections Code is amended to read:16464. 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 defendants own behalf, setting up the defendants 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 defendants 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 contestants answer shall be filed not later than the first day of the trial of the contest. | |
| 162 | + | SEC. 7. Section 16464 of the Elections Code is amended to read:16464. At any time within three days after the filing of the affidavit of the contestant to the effect that he or she has sent by registered 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 his or her the defendants own behalf, setting up his or her the defendants 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 his or her the defendants 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 contestants answer shall be filed not later than the first day of the trial of the contest. | |
| 163 | 163 | ||
| 164 | 164 | SEC. 7. Section 16464 of the Elections Code is amended to read: | |
| 165 | 165 | ||
| 166 | 166 | ### SEC. 7. | |
| 167 | 167 | ||
| 168 | - | 16464. 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 defendants own behalf, setting up the defendants 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 defendants 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 contestants answer shall be filed not later than the first day of the trial of the contest. | |
| 168 | + | 16464. At any time within three days after the filing of the affidavit of the contestant to the effect that he or she has sent by registered 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 his or her the defendants own behalf, setting up his or her the defendants 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 his or her the defendants 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 contestants answer shall be filed not later than the first day of the trial of the contest. | |
| 169 | 169 | ||
| 170 | - | 16464. 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 defendants own behalf, setting up the defendants 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 defendants 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 contestants answer shall be filed not later than the first day of the trial of the contest. | |
| 170 | + | 16464. At any time within three days after the filing of the affidavit of the contestant to the effect that he or she has sent by registered 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 his or her the defendants own behalf, setting up his or her the defendants 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 his or her the defendants 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 contestants answer shall be filed not later than the first day of the trial of the contest. | |
| 171 | 171 | ||
| 172 | - | 16464. 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 defendants own behalf, setting up the defendants 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 defendants 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 contestants answer shall be filed not later than the first day of the trial of the contest. | |
| 172 | + | 16464. At any time within three days after the filing of the affidavit of the contestant to the effect that he or she has sent by registered 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 his or her the defendants own behalf, setting up his or her the defendants 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 his or her the defendants 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 contestants answer shall be filed not later than the first day of the trial of the contest. | |
| 173 | 173 | ||
| 174 | 174 | ||
| 175 | 175 | ||
| 176 | - | 16464. 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 defendants own behalf, setting up the defendants 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 defendants 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 contestants answer shall be filed not later than the first day of the trial of the contest. | |
| 176 | + | 16464. At any time within three days after the filing of the affidavit of the contestant to the effect that he or she has sent by registered 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 his or her the defendants own behalf, setting up his or her the defendants 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 his or her the defendants 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 contestants answer shall be filed not later than the first day of the trial of the contest. | |
| 177 | 177 | ||
| 178 | 178 | SEC. 8. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. | |
| 179 | 179 | ||
| 180 | 180 | SEC. 8. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. | |
| 181 | 181 | ||
| 182 | 182 | SEC. 8. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. | |
| 183 | 183 | ||
| 184 | 184 | ### SEC. 8. |