Wright v. Ashton

I dissent. A person to be elected to an office must receive a plurality, or the highest number of votes, cast for such office; and where two or more persons receive an equal and the highest number of votes there is no choice, and a special election to fill such office must be ordered by the proper board or officer. (Const., art. XX, sec. 13; Pol. Code, secs. 1066, 1067; Code Civ. Proe., sec. 1112.) In declaring the contestee elected when he did not receive the highest number of legal votes was such improper conduct on .the part of the judges of election as to avoid the election; and whenever…