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Effective Jan 1, 2017Amended by Stats. 2016, Ch. 422, Sec. 74. (AB 2911) Effective January 1, 2017.
(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:
- (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.