Salcido

At the general election held in November, 1900, respondent and appellant were each candidates for the office of supervisor of San Andreas township, in Calaveras county, being supervisor district No. 1. Upon the canvass of the returns, the board of supervisors certified that appellant had received 252, and respondent 250, votes, and officially declared appellant to have been elected. A certificate of election was accordingly issued, and respondent initiated this contest, under the provisions of the Code of Civil Procedure, for the purpose of having a recount. The court filed its findings and decision, declaring that appellant had only received 226, and respondent 228, legal votes, and thereupon adjudged respondent entitled to the office. This appeal is from the judgment, for the purpose of reviewing alleged errors in admitting or rejecting ballots. The questions discussed present some new phases as to the construction of the provisions of the Political Code relative to elections, and marking and counting ballots.

Section 1196, after providing various things as to the preparation of ballots, etc., says: “Nothing in this code con *858 tained shall prevent any voter from writing upon…