California, United States of America
The following excerpt is from Wilks v. Mouton, 159 Cal.App.3d 792, 205 Cal.Rptr. 735 (Cal. App. 1984):
3 I reject appellants' contention that the burden of proof of waiver in an election contest rests upon the contestees. (See generally City of Ukiah v. Fones (1966) 64 Cal.2d 104, 48 Cal.Rptr. 865, 410 P.2d 369.) The burden of producing evidence as to a particular fact, in this case, illegal voting, rested initially on appellants. (See Evid.Code, 550.) But assuming, arguendo, that some showing was required on the part of respondents as contestees, ample evidence of waiver existed to support the trial court's finding.
4 Compare sections 14234 through 14236 providing for assistance of the disabled voter at the polling place.
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