Morrison v. White

PULLEN, P. J. This is an action brought by plaintiff, a qualified elector of the city of Chico, against the county of Butte and its governing officials, to have declared null and void an election to create a municipal utility district under the provisions of an act generally known as the Municipal Utilities District Act of 1921. (Chap. 77, Gen. Laws of 1921, Stats. 1921, p. 245.) ■

The grounds which plaintiff and appellant urges for a nullification of the election are, first, that the special election called for the purpose of determining whether or not the utility district should be created was consolidated with the general August primary election held throughout the state on August 28, 1934, in violation of section 1 of Act 2264 of the General Laws of 1931 (Deering’s Gen. Laws, Stats. 1931, p. 2197) pertaining to consolidation of elections, and secondly, that the special election was called and held without the authority of the board of supervisors of the county of Butte.

Section 1 of Act 2264 provides that no election shall be consolidated with the primary election held throughout the-state in August of each even-numbered year. We do not believe that any consolidation of election was had in this case. It is true that the election officers, the polling places, the voting booths and the precincts were the same and were simultaneously employed in the two elections but it requires more than that to create a consolidation. No action was taken by the board of supervisors which can be construed as consolidating the elections, and separate orders were made by the board [263]calling the elections and appointing the officers thereof. A separate roster for the district election was provided at each polling place, and upon the signing of the roster, separate ballots of a distinctive color were given to the voter so signing the roster. A distinct and separate ballot box plainly marked was furnished for the district election and after each ballot was voted it was deposited by the proper officer in this special ballot box and a record made of the registered voter who had so voted, in a roster specially provided for the district election. After the polls were closed the district election ballot boxes were opened and the ballots separately canvassed and separate tabulations-and tallies kept thereof. Thereafter the board of supervisors canvassed the returns of the special election and declared the result.

In the case of City and County of San Francisco v. Collins, 216 Cal. 187 [13 Pac. (2d) 912], a writ of mandate was sought to compel respondent as registrar of voters to place a certain municipal proposition upon the ballot. Proper steps had been taken by the board of supervisors therefor, and the election was called for August 30, 1932, on the same day as the August state-wide primary election. The objection raised by the registrar of voters was that the special election could not legally be consolidated with the August primary election. (Act 2264 of the Gen. Laws, supra.) Upon the hearing of the writ it was there said: