California Elections Code 13314 – (a) (1) An elector may seek a writ of mandate alleging that …
(a) (1) An elector may seek a writ of mandate alleging that an error or omission has occurred, or is about to occur, in the placing of a name on, or in the printing of, a ballot, county voter information guide, state voter information guide, or other official matter, or that any neglect of duty has occurred, or is about to occur.
(2) A peremptory writ of mandate shall issue only upon proof of both of the following:
Terms Used In California Elections Code 13314
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- 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
- Elector: means a person who is a United States citizen 18 years of age or older and, except as specified in subdivision (b), is a resident of an election precinct in this state on or before the day of an election. See California Elections Code 321
- Measure: means any constitutional amendment or other proposition submitted to a popular vote at any election. See California Elections Code 329
- Party: means a political party or organization that has qualified for participation in any primary or presidential general election. See California Elections Code 338
- Voter: means any elector who is registered under this code. See California Elections Code 359
- Writ: A formal written command, issued from the court, requiring the performance of a specific act.
(A) That the error, omission, or neglect is in violation of this code or the Constitution.
(B) That issuance of the writ will not substantially interfere with the conduct of the election.
(3) The action or appeal shall have priority over all other civil matters.
(4) The Secretary of State shall be named as a respondent or a real party in interest in any proceeding under this section concerning a measure or a candidate described in Section 15375, except for a candidate for judge of the superior court.
(b) Venue for a proceeding under this section shall be exclusively in Sacramento County in any of the following cases:
(1) The Secretary of State is named as a real party in interest or as a respondent.
(2) A candidate for statewide elective office is named as a party.
(3) A statewide measure that is to be placed on the ballot is the subject of the proceeding.
(Amended by Stats. 2016, Ch. 422, Sec. 74. (AB 2911) Effective January 1, 2017.)