People v. Town of Sausalito

Citations

• 106 Cal. 500
• 39 P. 937
• 1895 Cal. LEXIS 634

Syllabus

<p>Incorporation op Town—Election—Canvass of Votes. — Under the statute of 1883, page 93, a board of supervisors, in canvassing the votes given at an election called to determine whether or not a town should be incorporated, need not actually count the ballots; it is sufficient if it canvass the returns.</p> <p>Id.—¡-Order op Board of Supervisors—Count op Ballots.—After the canvass the board entered an order on its minutes, which showed that votes were cast as follows: “ For incorporation received, one hundred and twenty-eight votes; against incorporation received, one hundred and five votes”; and then, after a showing of certain votes for officers, there was this statement in the order: “ Total votes polled, two hundred and sixty-six.” Held, That in an action attacking the validity of the incorporation, any uncertainty arising from the statement as to the number of votes “polled” might be explained by showing the real facts upon a judicial count of the ballots.</p> <p>Id.—Order Declaring Incorporation.—The requirement of the statute that a certified copy of the order declaring the territory duly incorporated should be filed in the office of the secretary of state does not necessitate the certifying and filing of all the entries which were made at the time of the canvass on the minutes of the board.</p> <p>Id,—Blank Ballots,—In an election to determine as to the incorporation of a town, official ballots deposited in the ballot-box, without any marks thereon to indicate the elector’s wish in any particular, are not to be deemed as “votes cast” in any sense.</p> <p>Id.—Pencil Marks.—In such election a ballot marked with a lead pencil and not with the official stamp, is invalid, and should not be counted; and so also as to a ballot which had no mark of any kind, except that at the bottom, entirely below all the printed matter, it had the words “against incorporation” written with a pencil.</p> <p>Id,—Stamping Ballots.—A ballot, stamped at the proper place with the offi