Stebbins

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This is an appeal from the judgment in consolidated contests of an election held November 6, 1990, for the office of Trustee, Area Number 2, Stockton Unified School District. On November 30, 1990, the San Joaquin County Registrar of Voters certified the results of the election indicating defendant Louis Gonzales received the highest number of votes and Jennet Stebbins and Ralph Lee White respectively received the second and third highest numbers of votes. A recount was completed on December 21,1990, and confirmed those results. Thereafter Jennet Stebbins timely filed a contest naming Gonzales as defendant. (Elec. Code, § 20051; all statutory references to sections of an undesignated code are to the Elections Code.) Ralph Lee White also timely filed a contest and named Gonzales and Stebbins as defendants. Before trial the two contests were consolidated for all purposes.

The trial court found 12 votes cast for Gonzales were illegal and that Stebbins had received the highest number of legal votes. However, the trial court did not declare Stebbins elected (see § 20087); rather the court annulled the election, declared the contested seat vacant and ordered a new election.…