Legal Opinion

Gooch v. Hendrix

California Supreme Court

Decided June 1, 1993No. S028315PublishedCited by 34 opinions

1Opinion of the Court

Opinion

LUCAS, C. J.

May an election be annulled on clear and convincing evidence of illegal voting when it appears the illegal votes affected the outcome of the election, but it cannot otherwise be determined precisely for whom the illegal votes were cast?

We conclude the controlling statute, Elections Code section 20024,1 authorizes the annulment of a contested election under such circumstances. Accordingly, we reverse the contrary judgment of the Court of Appeal.

I. Facts

A. The Election

On November 5, 1991, consolidated elections were held in Fresno County for school board positions in one high…

2Cases cited19 opinions

  1. People v. WoodheadCalifornia Supreme Court · 1987
  2. People v. OverstreetCalifornia Supreme Court · 1986
  3. People Ex Rel. Younger v. Superior CourtCalifornia Supreme Court · 1976
  4. Simpson v. City of Los AngelesCalifornia Supreme Court · 1953
  5. Canales v. City of AlvisoCalifornia Supreme Court · 1970

14 more not listed; retrieve them via the Exa API.

3Cited by34 opinions

  1. Beilenson v. Superior CourtCalifornia Court of Appeal · 1996
  2. Friends of Sierra Madre v. City of Sierra MadreCalifornia Supreme Court · 2001
  3. WDT-WINCHESTER v. NilssonCalifornia Court of Appeal · 1994
  4. Issa v. Applegate, California Court of Appeal, 5th District2019
  5. Ni v. SlocumCalifornia Court of Appeal · 2011

29 more not listed; retrieve them via the Exa API.

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