Murray v. Coachella Valley Junior College District

GRIFFIN, P. J. Contestant-appellant Donna Murray contested a bond election held on October 13, 1959 in Coachella Valley Junior College District of the Counties of Riverside and Imperial, a public corporation, for the construction of a junior college. The contest was predicated upon the grounds that the precinct boards and members thereof rejected votes which should have been counted, i.e., 19 precinct boards erroneously rejected 46 ballots including one absentee ballot, and made other errors which, if corrected, would be sufficient to change the result of the election.

The vote as canvassed by the board showed that 5,225 votes were cast; 3,492 in favor of and 1,733 against the bonds, which showed that more than the necessary two-thirds of the electors voting were in favor of the proposition.

After contest, the trial court, on December 29, 1959, found that the board improperly rejected five ballots that should have been counted and found that 5,230 votes were cast. It further found that 3,495 votes were cast in favor of and 1,735 opposed to the proposition, still leaving the necessary two-thirds majority to carry it. On the same day, December 29, 1959, findings were filed, and then contestant filed a motion to amend the allegations of her contest to allege, upon information and belief, that certain illegal ballots were received and counted in favor of the bond issue, which ballots were in fact east in a consolidated high school district bond election of Palm Springs. A hearing was subsequently had on the motion and it was ordered denied on January 22, 1960. Judgment was entered January 27, 1960, confirming the result of the election as declared by the governing board of respondent school district. Contestant appeals from the order denying the motion to amend and the judgment that followed.

Without a minute review of each ballot considered by the trial court, suffice to say it appears that contestant’s main claim is that out of the precincts designated by contestant (19 in number), in the envelope containing the ballots were found 46 ballots which contestant questioned. Some of these were separated from the counted ballots, either by clips or by being folded or taped together, indicating that they had been rejected by the election board, without stating thereon that they were rejected ballots or giving any reason, and without complying with the requirements of Elections Code, section 7011. It is contestant’s contention that these questioned ballots should all be counted on the total vote east and if so counted [312]