Chapter 3. Contests At General Elections of California Elections Code >> Division 16. >> Chapter 3.
This chapter shall not apply to elections for the office of
state Senator or Member of the Assembly of the California
Legislature.
No irregularity or improper conduct in the proceedings of
the precinct board members, or any of them, is malconduct that avoids
an election, unless the irregularity or improper conduct is such as
to procure the defendant to be declared either elected or one of
those receiving an equal and highest number of votes where no one
person has received the highest number of votes.
When any election held for an office exercised in and for a
county is contested on account of any malconduct on the part of the
precinct board of any precinct, or any member thereof, the election
shall not be annulled or set aside upon any proof thereof, unless the
rejection of the vote of that precinct would change the result as to
that office in the remaining vote of the county.
An election shall not be set aside on account of illegal
votes, unless it appears that a number of illegal votes has been
given to the person whose right to the office is contested or who has
been certified as having tied for first place, which, if taken from
him, would reduce the number of his legal votes below the number of
votes given to some other person for the same office, after deducting
therefrom the illegal votes which may be shown to have been given to
that other person.
An election shall not be set aside on account of eligible
voters being denied the right to vote, unless it appears that a
sufficient number of voters were denied the right to vote as to
change the result.