Fair

[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 870 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 871 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 872 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 873 OPINION This controversy arises out of a contested election for Councilman of the Third Ward of the Common Council of the City of San Bernardino. Appellant Fair was one of the two candidates whose name was printed on the ballot in the May 1, 1979, runoff. Respondent Hernandez was a legally qualified write-in candidate for the same seat. Following the election the City Council of San Bernardino declared Hernandez the winner over Fair by four votes. Fair requested and obtained a recount, the result of which was to reduce the margin by one, 793 votes for Hernandez, 790 votes for Fair. Fair filed an election contest. By…

I fully agree with the main opinion, but I think it appropriate to emphasize a point implicit in the opinion that might otherwise be passed over. *Page 881 It is unfortunate that we are required to reach a result that has the effect of prolonging the uncertainty as to which candidate received a majority of the valid votes. However, preservation of the integrity of the election process is far more important in the long run than the resolution of any one particular election. A petition for a rehearing was denied April 2, 1981, and respondent's petition for a hearing by the Supreme Court was denied May 20, 1981. Bird, C.J., was of the opinion that the petition should be granted. *Page 882

— This controversy arises out of a contested election for Councilman of the Third Ward of the Common Council of the City of San Bernardino. Appellant Fair was one of the two candidates whose name was printed on the ballot in the May 1, 1979, runoff. Respondent Hernandez was a legally qualified write-in candidate for the same seat. Following the election the City Council of San Bernardino declared Hernandez the winner over Fair by four votes. Fair requested and obtained a recount, the result of which was to reduce the margin by one, 793 votes for Hernandez, 790 votes for Fair. Fair filed an election contest. By stipulation the Registrar of Voters of San Bernardino County was appointed a special master to assist the court in a recount of the votes. The special master determined that Hernandez received 756 uncontested votes, Fair received 773 uncontested votes and that 76 votes were contested. Extensive evidence was entertained by the trial court on all contested ballots. The court determined that Hernandez received 796 votes and Fair 794 votes. It made findings of fact and conclusions of law and caused judgment to be entered confirming Hernandez’s election. Fair appeals…