Smith v. Pombo

William J. Smith and Ernest J. Pombo were the only candidates at an election held on Tuesday, February 2, 1965, for director of division 2 of the West Side Irrigation District in San Joaquin County, a rural area in the vicinity of Tracy. Only 59 votes were cast and 11 of the total were absentee ballots; on February 9, 1965, the final returns were canvassed and the board of directors determined that Pombo had received 32 votes as against Smith’s 27 votes and certified that Pombo was elected. On February 19, 1965, *713Smith filed a statement of contest (Elec. Code, § 20021, subd. (d)) alleging that…