Does a failure to comply with a mandatory directory requirement render an election void?

California, United States of America


The following excerpt is from Gooch v. Hendrix, 19 Cal.Rptr.2d 712, 5 Cal.4th 266, 851 P.2d 1321 (Cal. 1993):

7 In Rideout v. City of Los Angeles, supra, 185 Cal. 426, 197 P. 74, this court stated, "[A] distinction has been developed between mandatory and directory provisions in election laws; a violation of a mandatory provision vitiates the election, whereas a departure from a directory provision does not render the election void if there is a substantial observance of the law and no showing that the result of the election has been changed or the rights of the voters injuriously affected by the deviation. [Citations.]" (185 Cal. at p. 430, 197 P. 74, italics added.)

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