Korth

Korth v. Souza

Good Law
137 Cal. Rptr. 823·1977 Cal. App. LEXIS 1398·69 Cal. App. 3d 31
Court of Appeal of CaliforniaApril 18, 1977Civ. No. 16156California1,278 words

Opinion

Lead Opinion

Regan, J.

In this action plaintiff Korth sought a writ of mandate to compel the Election Board of Reclamation District No. 317, Sacramento County, charged with the responsibility of conducting a general election pursuant to the provisions of the Water Code, to issue to plaintiff a certificate of election to the board of trustees of the district. The trial court’s judgment granted a peremptory writ directing defen *33 dants to count the ballots with reformed certificates of acknowledgment to determine which candidates received the highest number of votes to fill two vacancies on the board of trustees.

The candidates at the November 4, 1975, election were plaintiff, James M. Souza and Ebner Schafer. The method of election was as provided in Water Code sections 50700 to 50759, inclusive. Each landowner or legal representative is authorized by statute to vote in person or by proxy and to cast a number of votes fixed by statute, depending upon the value of real estate owned by him or his principal in the district, based on the tax roll. (Wat. Code, §§ 50702, 50704, 50753.) No proxy votes are valid unless authority by a landowner to cast his vote by proxy is given in an instrument in…

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