People v. Hill

California Supreme Court Jun 9, 1899 No. S. F. No. 1596Published

Before: Temple

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Holding. The court held that the municipal charter's specific requirement that polls remain open until sundown prevails over the general state election law's closing time, rendering votes cast in precincts that closed early illegal and void.

Issues

Whether the municipal charter's provision regarding poll closing times constitutes an exception to the general state election law.
Whether votes cast in precincts that failed to comply with the charter's mandatory poll closing time are illegal and must be excluded from the election results.

Disposition. affirmed

Quotations verified verbatim against the opinion

“The charter being a law for a special case is not in conflict with a general law which provides otherwise.”

“Provision in a statute for a special case is not deemed repugnant to the general law, but an exception.”

“In this case the election in the offending precincts is declared void and no election was held therein.”

Synopsis

Municipal Election—Closing of Polls—Construction of Charter.— In a city charter providing that all the provisions of law regulating elections for state and county officers shall apply so far as practicable to elections under the charter, and providing further specifically that the polls shall be opened at such hour as may be designated by the mayor and common council in. the notice of election, but in no case later than 2 o’clock P. M., and that they shall not be closed until sundown, the special provision for the time of closing of the polls will prevail over a general provision of the election laws referred to for closing polls at state and county elections at 5 o’clock P. M.

Id.—Conflict between Special and General Law.—The charter being a law for a special case, is not in conflict with the general law providing otherwise; and an intent that the general law shall supersede the charter provision' as to the time for closing the polls cannot be inferred from a general law which by its terms is applicable to state and county elections only, and which is only made applicable generally so far as practicable by the same charter which specially provides differently therefrom, as to the time of opening and closing of the polls at municipal elections.

Id.—Election of Mayor—Premature Closing of Polls—Rejection of Vote of Wards.—In determining the election of a mayor, under a charter providing for keeping open the polls until sundown, the vote of wards which closed the polls at 5 P. M. is properly rejected, although the majority of the voters of the city are thereby disfranchised. The election in such wards is to be treated as illegal and void, and as if no election was held therein; and the vote in a remaining ward, in which the polls were closed at sundown, must determine the election.

TEMPLE, J. This action is for usurpation of the office of mayor of Salinas City. The city was reincorporated by special act of the legislature passed in 1876. In section 5 of that act it is provided as to municipal elections,' among other things, that “all provisions of law regulating elections for state and county officers shall apply, as far as practicable, to elections under this charter. The polls for all elections shall be opened at such hour as may be designated by the mayor and common council in giving notice of said election; provided, that the hour for opening the polls shall in no case be later than the hour of 2 o’clock P. M., and the polls shall not be closed until sundown of the same day.”

A municipal election was held on the 14th of March, 1898, at which Francee, at whose instance this suit was brought, and Hill, defendant, were candidates. The proclamation calling the election directed that the polls should be opened at sunrise and closed at sundown. The general election law for state and county officers directed that the polls shall be closed at 5 P. M. There are three wards in the city. In two they followed the state law and closed the polls at 5 o’clock P. M., which was found to be one hour and six minutes before sundown. Counting the votes from all the wards Hill would have a majority of twenty-four, and he was declared elected by the council.

[19]Rejecting the votes cast in wards 1 and 2 as illegal, Frances would be elected by a majority of twenty-two, and this conclusion was reached by the trial court and Hill takes this appeal.

It is contended by the appellant that the language of the section providing that so far as practicable the general election law shall apply, indicates the intent that the general law should govern all city elections. If this were so, it is difficult to see why anything was said in the charter about the time for opening and closing the polls, and in regard to many other things mentioned in section 5. It is suggested that it was intended to provide that the polls need not be opened until 2 o’clock P. M., but to make no change as to the hour of closing, for then the general law directed that the polls be closed at sundown, which time was afterward changed to 5 o’clock P. M., and, we may add, might be changed to 2 o’clock P. M. But it seems perfectly manifest that the permission given to the council by its proclamation to fix a later hour for the opening of the polls than that fixed in the general law, and the requirement that the polls must not be closed before sundown, are parts of the same provision. The absolute requirement is because of the power given the board to delay opening the polls. Where but few votes would be cast it is not necessary that the polls should be kept open all day, but it is a wise provision which directs that, even then, voters may know that at all events the-polls will be kept open for a certain designated portion of the day.

People v. Hill

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