Anderson

This is an appeal from a summary judgment disallowing contestants’ challenge to a referendum election approving a county ordinance rezoning coastal property to permit construction of oil and gas facilities. It raises issues of: (1) the applicability of the summary judgment procedure contained in Code of Civil Procedure section 437c to election contests filed pursuant to Elections Code section 20020 et seq.; (2) the constitutionality of Elections Code section 20023 which provides that if an election is contested upon the ground of “malconduct” of a member or members of a precinct board, the election shall not be set aside unless rejection of all the vote of that precinct will change the result in the remaining vote in the county; and (3) the definitions of a bribe or offer of consideration and of coercion to influence votes as those acts may be the basis for an election contest.

We conclude that because of an inherent inconsistency between the procedural requirements of Code of Civil Procedure section 437c dealing with summary judgment and the statutory scheme governing election contests, the summary judgment remedy is not available. Accordingly, we reverse a summary…