Murray

Contestant-appellant Donna Murray contested a bond election held on October 13, 1959 in Coachella Valley Junior College District of the Counties of Riverside and Imperial, a public corporation, for the construction of a junior college. The contest was predicated upon the grounds that the precinct boards and members thereof rejected votes which should have been counted, i.e., 19 precinct boards erroneously rejected 46 ballots including one absentee ballot, and made other errors which, if corrected, would be sufficient to change the result of the election.

The vote as canvassed by the board showed that 5,225 votes were cast; 3,492 in favor of and 1,733 against the bonds, which showed that more than the necessary two-thirds of the electors voting were in favor of the proposition.

After contest, the trial court, on December 29, 1959, found that the board improperly rejected five ballots that should have been counted and found that 5,230 votes were cast. It further found that 3,495 votes were cast in favor of and 1,735 opposed to the proposition, still leaving the necessary two-thirds majority to carry it. On the same day, December 29, 1959, findings were filed, and then contestant…