§ 35.Precedence on calendar of proceedings involving elections [Operative January 1, 2027]
Title 1. Organization and Jurisdiction · Chapter 1. Courts of Justice in General · Last amended 2027 · Last verified July 28, 2026
Full Text of § 35
Plain-English Summary
Elections run on fixed calendars, and a lawsuit that drags on can end up deciding an election after the fact instead of before it. § 35 answers that problem by moving election cases to the front of the line.
The list is specific: disputes over whether a voter is registered, challenges to a candidate’s or ballot measure’s certification, election contests, and several categories of Elections Code actions tied to voter registration and ballot procedures. Courts must place these cases on the calendar in the order they were filed and give them precedence over other civil matters.
The section will not take effect until January 1, 2027, and the Legislature has pushed that date back more than once since 2019 while expanding the list of covered actions. Until then, courts follow whichever version of the statute is currently operative.
Frequently Asked Questions
What kinds of cases get priority under § 35?
Cases involving voter registration disputes, candidate or ballot measure certification challenges, election contests, and several specific categories of Elections Code litigation over voter registration and ballot procedures.
When does § 35 take effect?
The current version becomes operative January 1, 2027; the Legislature has repeatedly moved this date and expanded the list of covered cases in amendments from 2022 through 2024.
Does § 35 excuse a court from hearing other cases on time?
No — it requires courts to place qualifying election cases first, in the order filed, ahead of ordinary civil matters, not to suspend those other cases.
Amendment History
Added Stats 2019 ch 493 § 2 (AB 730), effective January 1, 2020, operative January 1, 2023. Amended Stats 2022 ch 745 § 2 (AB 972), effective January 1, 2023, operative January 1, 2027; Stats 2023 ch 343 § 2 (AB 764), effective January 1, 2024, operative January 1, 2027; Stats 2024 ch 261 § 2 (AB 2655), effective January 1, 2025, operative January 1, 2027; Stats 2024 ch 262 § 2 (AB 2839), effective September 17, 2024; Stats 2024 ch 262 § 2.5 (AB 2839), effective September 17, 2024, operative January 1, 2027.