Judgment annulling an election: appeal within 10 days or the commission is void and the office vacant

10 days after date of the superior court judgment annulling or setting aside the election, under Cal. Elec. Code 16702; 16900.

Rule text

16702: Whenever an election is annulled or set aside by the judgment of the superior court, and no appeal has been taken within 10 days thereafter, the commission, if any has issued, is void and the office vacant. 16900: Any party aggrieved by the judgment of the court may appeal therefrom to the court of appeal, as in other cases of appeal thereto from the superior court. During the pendency of proceedings on appeal, and until final determination thereof, the person declared elected by the superior court shall be entitled to the office in like manner as if no appeal had been taken.

Cal. Elec. Code 16702; 16900, official source

Calculate this deadline

Deadline
Monday, November 16, 2026
  1. Trigger (Date of the superior court judgment annulling or setting aside the election): Friday, November 6, 2026.
  2. Exclude the trigger day and count 10 calendar days: Monday, November 16, 2026.
Rules applied
Cal. Elec. Code 16702; 16900
16702: Whenever an election is annulled or set aside by the judgment of the superior court, and no appeal has been taken within 10 days thereafter, the commission, if any has issued, is void and the office vacant. 16900: Any party aggrieved by the judgment of the court may appeal therefrom to the court of appeal, as in other cases of appeal thereto from the superior court. During the pendency of proceedings on appeal, and until final determination thereof, the person declared elected by the superior court shall be entitled to the office in like manner as if no appeal had been taken.
Official source
Cal. Code Civ. Proc. 12, 12a, 10; Gov. Code 6800, 6804, 6806; Cal. Rules of Court, rule 1.10 (for periods set by the Rules of Court)
CCP 12: "The time in which any act provided by law is to be done is computed by excluding the first day, and including the last, unless the last day is a holiday, and then it is also excluded." CCP 12a: "(a) If the last day for the performance of any act provided or required by law to be performed within a specified period of time is a holiday, then that period is hereby extended to and including the next day that is not a holiday. For purposes of this section, “holiday” means all day on Saturdays, all holidays specified in Section 135 and, to the extent provided in Section 12b, all days that by terms of Section 12b are required to be considered as holidays.(b) This section applies to Sections 659, 659a, and 921, and to all other provisions of law providing or requiring an act to be performed on a particular day or within a specified period of time, whether expressed in this or any other code or statute, ordinance, rule, or regulation." CCP 10: "Holidays within the meaning of this code are every Sunday and any other days that are specified or provided for as judicial holidays in Section 135." Gov. Code 6800: "The time in which any act provided by law is to be done is computed by excluding the first day, and including the last, unless the last day is a holiday, and then it is also excluded." Gov. Code 6804: "“Month” means a calendar month, unless otherwise expressed." Gov. Code 6806: "A day is the period of time between any midnight and the midnight following." CRC 1.10(a): "The time in which any act provided by these rules is to be performed is computed by excluding the first day and including the last, unless the last day is a Saturday, Sunday, or other legal holiday, and then it is also excluded." CRC 1.10(b): "Unless otherwise provided by law, if the last day for the performance of any act that is required by these rules to be performed within a specific period of time falls on a Saturday, Sunday, or other legal holiday, the period is extended to and includes the next day that is not a holiday." Elec. Code 15: "Notwithstanding any other provision of law, if the last day for the performance of any act provided for or required by this code shall be a holiday, as defined in Chapter 7 (commencing with Section 6700) of Division 7 of Title 1 of the Government Code, the act may be performed upon the next business day with the same effect as if it had been performed upon the day appointed.For purposes of this section, the Friday in November immediately after Thanksgiving Day shall be considered a holiday."
Official source
  • AMBIGUITY: 16900 makes general election contest appeals 'as in other cases' (ordinary civil notice of appeal times under Cal. Rules of Court, rule 8.104, in the CA appellate set), but 16702 voids the commission and vacates the office unless an appeal is taken within 10 days of an annulling judgment. A party seeking to keep the office should appeal within 10 days. 'Thereafter' is read as after the judgment (16603 requires entry immediately after pronouncement). Roll 'none' conservative: the statute fixes an effect, not a filing deadline.
  • If the clerk's office is closed or inaccessible on the last day (weather, emergency or local closure orders), the deadline may be extended. Check local orders.

This calculator applies the cited rules to the dates you enter. It is not legal advice. Court orders, local rules, and case-specific facts can change a deadline; verify before relying on it. Rule set pending attorney review.

Worked example

Date of the superior court judgment annulling or setting aside the election on Monday, March 15, 2027, personal service: due Thursday, March 25, 2027.

  1. Trigger (Date of the superior court judgment annulling or setting aside the election): Monday, March 15, 2027.
  2. Exclude the trigger day and count 10 calendar days: Thursday, March 25, 2027.

Notes

AMBIGUITY: 16900 makes general election contest appeals 'as in other cases' (ordinary civil notice of appeal times under Cal. Rules of Court, rule 8.104, in the CA appellate set), but 16702 voids the commission and vacates the office unless an appeal is taken within 10 days of an annulling judgment. A party seeking to keep the office should appeal within 10 days. 'Thereafter' is read as after the judgment (16603 requires entry immediately after pronouncement). Roll 'none' conservative: the statute fixes an effect, not a filing deadline.

Related deadlines

All California special proceedings deadlines

Local rules by county

County local rules and courtroom procedures can add to or change this deadline. Pick a county to calculate with them applied.

Rules current as of 2026-10-27. Confirm against the official source and any local rule or court order before relying on a date. Rules changelog.