Canales v. City of Alviso

I dissent. Contestants had the burden of establishing by clear and convincing evidence that each of the nine illegal voters in question actually voted in favor of consolidation. Although direct evidence on this issue was readily available to contestants by asking each voter how he voted, nevertheless contestants chose to rely exclusively upon “circumstantial evidence” consisting of a petition signed by these voters several months prior to the election. Since this evidence was not clear and convincing, but instead was conjectural and speculative on the issue sought to be proved, the trial…