McFarland

This is an election contest. In 1924 J. B. McFarland, the contestant and respondent, and Gus Spengler, the contestee and appellant, were rival candidates for the office of member of the board of supervisors of Kern County. At the primary election in August McFarland received the greater number of votes. By reason thereof he won and Spengler lost the right to have his name printed on the official ballot to be used at the general election in November (Stats. 1921, p. 1218). Spengler, however, continued to be a candidate for the same office at the general election. He organized and carried on what is called a “sticker” campaign. He caused slips of paper to be prepared, on one side of which his name was printed in the same sized type used in printing the names of candidates on the ballot, and on the other side of which was mucilage, to enable the voter to paste the slip upon the official ballot. These stickers were circulated among the electors with the request that they be used at the general election by pasting the same on the official ballot in such way that they would cover the blank space left upon the ballot to permit electors to write in the name of a person other than…