Algeo

In this action the petitioner applied to the superior court in and for the county of Sutter for a writ of mandate to compel the election officers of Cottonwood Election Precinct to count two certain ballots east at an election held in said school district in favor of the issuance of bonds by said district. The superior court denied the writ on the ground that the two ballots were marked contrary to the manner provided for the expression of the choice of voters in school bond elections as contained in section 1883 of the Political Code, wherein it is provided that persons voting at such elections shall put a cross upon their ballot with pencil or ink after the words “Bonds-Ycs” or “Bonds-No” (as the case may be), to indicate whether they have voted for or against the issuance of bonds. The two ballots in question, not counted, did not contain 'any cross, but instead contained the word “Yes” after the words “Bonds-Yes.”

Section 1883 of the Political Code, after providing that elections such as the one under consideration in this action shall be conducted in accordance with different sections of the Political Code, uses the following language: “And except further that persons voting…