Bass

In the election for supervisor of the second supervisor district, Lassen county, the canvassing board returned a tie vote between the only two candidates, appellant and respondent. On November 14, 1908, S. S. Bass filed his statement of contest. The grounds of his contest were that in Janesville precinct there were two legal ballots legally cast for him, which were rejected by the board of canvassers, which would have entitled him to the certificate had they been counted.

On November 25,1908, George B. Leavitt filed his statement of contest in which he stated that the canvassing board declared the election in the three precincts—namely, Janesville, Johnstonville and Secret Valley precincts—to have resulted in eighty-eight votes having been cast for each contestant. The statement then sets forth as grounds for contest that the "boards of judges of election in said Janesville and Johnston-ville precincts were guilty of malconduct in the following particulars, to wit: That said board of election, or board of judges of election, rejected and failed to count certain legal ballots or votes which were given to and should have been counted for contestant,” and "counted and gave to the…