Escalante

This appeal and cross-appeal are taken from a judgment of the superior court and a portion thereof, respectively, in an election contest.

Facts and Procedural History

In a special election held on June 11, 1985, the voters of the City of Hermosa Beach (the City) considered an initiative measure essentially authorizing the City to enter into an agreement for the development of certain City-owned property. Following the election, the city clerk’s canvas resulted in defeat of the measure, 2,397 voters having voted “yes,” and 2,398 having voted “no.” Supporters of the measure requested a recount, which again resulted in defeat of the initiative, by a tally of 2,398 “yes” votes and 2,400 “no” votes.

Plaintiff and cross-appellant Michael Escalante filed a Statement of Contest of Election (Elec. Code, § 20050), alleging that illegal votes were cast (§ 20021, subd. (d)), and that the city clerk and the recount board, in conducting the recount, made errors sufficient to change the result of the election (§ 20021, subd. (e)).

Appellant Sheila Donahue Miller and the Hotel Referendum Committee filed a cross-statement of contest of election on the same grounds, claiming the…