DocketNumber: Civ. No. 2753.
Judges: Finch
Filed Date: 3/4/1924
Status: Precedential
Modified Date: 10/19/2024
This is an election contest instituted under the provisions of section 1111 of the Code of Civil Procedure to determine whether the plaintiff or the defendant was elected to the office of director of an irrigation district organized under the provisions of the California Irrigation District Act. (Stats. 1897, p. 254, and amendments thereto.) The defendant's demurrer to the complaint was sustained without leave to amend and judgment was entered in favor of defendant for costs. Plaintiff has appealed from the judgment.
[1] The parties are agreed that the only question raised by the appeal is whether a contest of the right of a person declared elected to the office of director of an irrigation district is authorized by section 1111 That section provides: "Any elector of a county, city and county, city, or of any political subdivision of either, may contest the right of any person declared elected to an office to be exercised therein." The question is whether an irrigation district is a "political subdivision" of a county. Appellant relies on the case ofHertle v. Ball,
Section 23 of the California Irrigation District Act provides that precinct election officers shall count the votes cast and execute certificates showing the result thereof, in a manner similar to that provided by the general election laws of the state, and deliver the returns, including the ballots, to the secretary of the board of directors; "and if any person be of the opinion that the vote of any precinct has not been correctly counted, he may appear on the day appointed for the board of directors to open and canvass the returns, and demand a recount of the vote of the precinct that is so claimed to have been incorrectly counted." The complaint alleges that at the time of canvassing the returns the "board of directors counted the ballots cast at said election." Respondent contends that, even if it be conceded that section 1111 authorizes a contest in a case of the character here involved, the superior court under that section and the board *Page 86
of directors under section 23 of the irrigation act would have concurrent jurisdiction and that, since the board of directors has exercised jurisdiction by recounting the ballots and declaring the result, such determination is a bar to plaintiff's contest herein. In support of his contention respondent cites McGregor v. Board of Trustees,
The judgment is affirmed.
Plummer, J., and Hart, J., concurred.