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· 3/9/1899

People ex rel. Lee v. Prewett

Citations

  • 124 Cal. 7
  • 56 P. 619
  • 1899 Cal. LEXIS 928

Syllabus

<p>Election of School Trustees—Validity of Notice.—Where no election had been held in a school district for more than three years, a notice of election of trustees for the district, given by proper authority, and for the proper time, specifying that it was for the purpose of electing trustees for the school district, implies that a full board was to be elected under the statute which determines the respective terms for which they should be elected, and is not void because not specifying that vacancies existed in the office of trustees, which were to be filled, if the voters were not in fact misled by the notice, and elected trustees for the.respective terms fixed by law.</p> <p>Id.—Notice of Opening of Polls.—A notice of election for trustees of a school district, stating that “the polls will be open between the hours of 1 P. M. and 5 P. M.,” obviously imports that they would be open from one to five P. M., and sufficiently states that the polls were to be kept open for four hours, as required by law.</p> <p>Id.—Great Register — Cancellation — Re-registration.—The great register, though ordered cancelled by the supervisors for the purpose of new registration, remains for all purposes required by law until the new registration is completed, and re-registration is not required1 for the annual school election.</p> <p>In.—Failure to Vote—Supposed Necessity of Re-registration.—Persons who did not offer to vote at such election cannot complain that they were deprived of the privilege of voting, because not re-registered; and where no one was challenged on that ground, the general belief, or the belief of a candidate, that no one had a right to vote unless re-registered, is immaterial, and cannot be a ground for setting aside the election, or constitute evidence of conspiracy or fraud.</p> <p>Id.—Delay in Opening Polls.—A delay of one-half hour in opening the polls, caused by the failure of the inspector and judges to attend, and the selection of others, and procuring a bo

Judges: Haynes

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