Jacobson

This appeal is brought pursuant to Elections' Code 1 section 20339.

In this case we hold that the erroneous placement of a voter in a precinct is not an illegality by which that voter’s ballot should be rejected. In addition, we point out the complete unworkability of section 20339 and urgently suggest that the Legislature take a hard look at that section in view of the realities of judicial life.

On June 6, 1978, Jacobson, Glidden and Wilma Muth (incumbent) were candidates for the office of Supervisor, Third Supervisorial District, County of Inyo. On- that date, in the Primary Election, Muth received 543 votes and Jacobson and Glidden tied with 375 votes each. An official canvas by the board of supervisors was completed on July 5, 1978, and the tie remained.

On July 10, 1978, Jacobson filed the instant action in the Inyo Superior Court, pursuant to section 20300 et seq. He contended that a sufficient number of votes were illegally cast or otherwise improper so that had such votes not been counted he would have received more votes than Glidden.

Hearing in the superior court was held August 9, 1978. At the hearing it was established that one Deryl L. McNulty at the…