Article 1. General Elections of California Elections Code >> Division 16. >> Chapter 7. >> Article 1.
The court shall meet at the time and place designated, to
determine the contested election, and shall have all the powers
necessary to the determination thereof. It may adjourn from day to
day until the trial is ended, and may also continue the trial before
its commencement for any time not exceeding 20 days for good cause
shown by any party upon affidavit, at the costs of the party applying
for the continuance.
At the trial the ballots shall be opened and a recount
taken, in the presence of all the parties, of the votes cast for the
various candidates in all contests where it appears from the
statements filed that a recount is necessary for the proper
determination of the contest. The recount shall include a tabulation
of all names written upon a ballot and which are subject to canvass
pursuant to Chapter 7 (commencing with Section 15350) of Division 15.
In the trial and determination of election contests, the
court shall be governed by the rules of law and evidence governing
the determination of questions of law and fact, so far as the same
may be applicable. It may dismiss the proceedings if the statement of
the cause of the contest is insufficient, or for want of
prosecution.
The court shall continue in session to hear and determine
all issues arising in contested elections. After hearing the proofs
and allegations of the parties and within 10 days after the
submission thereof, the court shall file its findings of fact and
conclusions of law, and immediately thereafter shall pronounce
judgment in the premises, either confirming or annulling and setting
aside the election. The judgment shall be entered immediately
thereafter.