Pierce

Defendant and appellant Joanne K. Harrold, after she was elected a Judge of the Municipal Court, West Orange County Judicial District, in the June 1982 Primary Election, became the target of two election contests filed in Orange County Superior Court. These actions were consolidated for all purposes. After trial, the judgment entered ruled in favor of the contestants. It annulled the defendant’s election; it prescribed that an election to fill the office vacated be conducted as part of the November 1982 General Election; and it declared that defendant was ineligible to be a candidate at that election.

The trial court determined as a matter of fact that defendant, before the election, had committed an offense as defined by section 29303 of the Elections Code which makes it a crime for a person to file a declaration of candidacy knowing that it has been made falsely. In particular, defendant declared under oath on February 23, 1982, the date she filed her declaration of candidacy, that she was then a resident of Orange County, when in fact, as found by the court, she was not. Based upon such finding, nullification of defendant’s election proceeded under section 20021,…