Primary contest (other than recount): defendant's answer and cross-contest affidavit within 5 days after receipt of affidavit

5 days after date the defendant received the copy of the contest affidavit (personal service or certified mail), under Cal. Elec. Code 16443; 16442.

Rule text

16443: The defendant, after receipt of the copy of the affidavit, may file an answer and a cross-contest affidavit within five days. 16442: After the affidavit is filed with the clerk of the superior court, a copy of the affidavit shall be personally served upon the defendant or sent to the defendant by certified mail in a sealed envelope with postage prepaid, addressed to the defendant at the place of residence named in the defendant's affidavit of registration.

Cal. Elec. Code 16443; 16442, official source

Calculate this deadline

Deadline
Thursday, November 12, 2026
  1. Trigger (Date the defendant RECEIVED the copy of the contest affidavit (personal service or certified mail)): 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 16443; 16442
16443: The defendant, after receipt of the copy of the affidavit, may file an answer and a cross-contest affidavit within five days. 16442: After the affidavit is filed with the clerk of the superior court, a copy of the affidavit shall be personally served upon the defendant or sent to the defendant by certified mail in a sealed envelope with postage prepaid, addressed to the defendant at the place of residence named in the defendant's affidavit of registration.
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
  • Runs from receipt, so no CCP 1013 mail days are added. No special appearance, demurrer or objection other than by affidavit (16444). 16442 amended Stats. 2025, ch. 304 (AB 1513). 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 defendant RECEIVED the copy of the contest affidavit (personal service or certified mail) on Monday, March 15, 2027, personal service: due Monday, March 22, 2027.

  1. Trigger (Date the defendant RECEIVED the copy of the contest affidavit (personal service or certified mail)): 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

Runs from receipt, so no CCP 1013 mail days are added. No special appearance, demurrer or objection other than by affidavit (16444). 16442 amended Stats. 2025, ch. 304 (AB 1513). 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.