Primary election contest (Elec. Code 16101): file affidavit within 5 days after completion of official canvass

5 days after date the official canvass was completed by the county last making the declaration, under Cal. Elec. Code 16421.

Rule text

The affidavit shall be filed in the office of the clerk of the superior court having jurisdiction within five days after the completion of the official canvass by the county last making the declaration. In the case of an office for which candidates are certified for the ballot by the Secretary of State, or in the case of a statewide ballot measure, the superior court having jurisdiction shall be the Superior Court for the County of Sacramento.

Cal. Elec. Code 16421, official source

Calculate this deadline

Deadline
Thursday, November 12, 2026
  1. Trigger (Date the official canvass was completed by the county last making the declaration): Friday, November 6, 2026.
  2. Exclude the trigger day and count 5 calendar days: Wednesday, November 11, 2026.
  3. That day is a Veterans Day, so the deadline moves to the next court day: Thursday, November 12, 2026 (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)).
Rules applied
Cal. Elec. Code 16421
The affidavit shall be filed in the office of the clerk of the superior court having jurisdiction within five days after the completion of the official canvass by the county last making the declaration. In the case of an office for which candidates are certified for the ballot by the Secretary of State, or in the case of a statewide ballot measure, the superior court having jurisdiction shall be the Superior Court for the County of Sacramento.
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
  • Applies to contests by a candidate challenging another candidate's nomination at a primary (16101). Venue: Sacramento Superior Court for Secretary of State-certified offices and statewide measures (16421); multi-county subdivisions, any county in the subdivision for non-recount contests (16441). For recount contests see el_primary_recount_contest_affidavit_5_days. 'Completion of the official canvass' is user-entered. Section amended Stats. 2023, ch. 479 (AB 1762). Computation: Elec. Code 15 lets an act whose last day is a holiday (Gov. Code 6700 et seq., plus the Friday after Thanksgiving) be performed the next business day; CCP 12a also extends a last day falling on a Saturday, Sunday or judicial holiday. Election contest periods are strictly enforced; file by the unrolled date whenever possible.
  • 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 the official canvass was completed by the county last making the declaration on Monday, March 15, 2027, personal service: due Monday, March 22, 2027.

  1. Trigger (Date the official canvass was completed by the county last making the declaration): Monday, March 15, 2027.
  2. Exclude the trigger day and count 5 calendar days: Saturday, March 20, 2027.
  3. That day is a Saturday, so the deadline moves to the next court day: Monday, March 22, 2027 (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)).

Notes

Applies to contests by a candidate challenging another candidate's nomination at a primary (16101). Venue: Sacramento Superior Court for Secretary of State-certified offices and statewide measures (16421); multi-county subdivisions, any county in the subdivision for non-recount contests (16441). For recount contests see el_primary_recount_contest_affidavit_5_days. 'Completion of the official canvass' is user-entered. Section amended Stats. 2023, ch. 479 (AB 1762). Computation: Elec. Code 15 lets an act whose last day is a holiday (Gov. Code 6700 et seq., plus the Friday after Thanksgiving) be performed the next business day; CCP 12a also extends a last day falling on a Saturday, Sunday or judicial holiday. Election contest periods are strictly enforced; file by the unrolled date whenever possible.

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.