Stebbins

This election contest case presents two principal issues. The first concerns the effect of a withdrawal of a peremptory challenge to the trial judge previously made under Code of Civil Procedure section 170.6. The second poses the question whether penal violations of the Elections Code committed by the candidate in the casting of absentee ballots should disqualify him from office or only invalidate the tainted ballots. On the first question we hold that a party who withdraws his peremptory challenge waives the right to object to the challenged judge on appeal. We next hold that bribery or any other offense against the elective franchise committed by a candidate invalidates his election.

After a lengthy trial of an election contest, judgment was entered directing that defendant Ralph Lee White be removed from the office of city councilman and his certificate of election be annulled for violations of the absentee voting laws. White appeals contending: (1) The trial judge was disqualified at the commencement of the proceedings; (2) the trial judge was disqualified from hearing the second part of the proceedings; (3) he was denied due process of law by the manner in which…