Duncan

In this primary election contest, the contestant appeals from a judgment in favor of the defendants.

The contestant, Joseph L. Duncan, and eight other persons, including the two defendants, were candidates, at the primary election held in the City of Pomona on March 9, 1965, for the office of councilman for the second councilmanic district of that city.

According to the resolution of the City Council of Pomona, declaring the results of the primary election, the two defendants, Arley C. Burke and Randolph C. Wills, received the highest number of votes and were the two candidates who were entitled to have their names placed on the ballot for the general election to be held on April 13, 1965.

It appears that the ballot for the citywide primary election included the names of the nine candidates for councilman from the second councilmanic district, and that all the electors of the city were afforded the opportunity of voting for those candidates.

The contestant, Joseph L. Duncan, asserts that' the city council, in canvassing the returns and declaring the results of the primary election, counted the votes of electors outside the second councilmanic district, as a part of the votes…