(a) In the case of the prevention of an election in any precinct by the loss or destruction of the ballots intended for that precinct, the inspector or other precinct officer for that precinct shall make an affidavit setting forth the fact and transmit it to the Governor. Upon receipt of the affidavit, the Governor may, and upon the application of any candidate for any office to be voted for by the voters of that precinct the Governor shall, order a new election in that precinct.

(b) This section does not apply to elections conducted using vote centers.

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Terms Used In California Elections Code 13101

  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • candidate: includes any officeholder who is subject to a recall election. See California Elections Code 305
  • Election: means any election including a primary that is provided for under this code. See California Elections Code 318
  • Inspector: means the supervisor of the precinct board of which he or she is a member. See California Elections Code 325
  • Precinct: means a geographical area within a county that is made up of voters and is formed pursuant to Chapter 3 (commencing with Section 12200) of Division 12. See California Elections Code 338.6

(Amended by Stats. 2017, Ch. 806, Sec. 41. (SB 286) Effective January 1, 2018.)

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