Clark v. McCann

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In November 2014, a run-off election was held for a seat on the Chula Vista City Council. In early December 2014, Michael Vu, the San Diego County Registrar of Voters, certified the official canvas results showing that John McCann was the winner with 18,448 votes - two more than Steve Padilla, who received 18,446 votes. Contestant Aurora Clark appealed the trial court's denial of her election contest challenging 12 uncounted ballots. She alleged that each of the contested ballots (provisional or mail) was cast by a properly registered voter in Chula Vista and should have been counted. This appeal principally dealt with the handling of provisional ballots where the voter does not provide a current residence address on the ballot envelope. Because the Court of Appeal agreed with the trial court that the elections official did not abuse his discretion, the Court affirmed the dismissal. View "Clark v. McCann" on Justia Law