CLARK v. McCANN

No. D067918.

AURORA CLARK, Plaintiff and Appellant, v. JOHN McCANN, Defendant and Respondent; MICHAEL VU, as Registrar of Voters, etc., Real Party in Interest and Respondent.

Court of Appeals of California, Fourth District, Division One.

January 11, 2016.


Attorney(s) appearing for the Case

Schwartz Semerdjian Cauley & Moot, John S. Moot and Owen M. Praskievicz for Plaintiff and Appellant.

Bell, McAndrews & Hiltachk, Brian T. Hildreth , Charles H. Bell, Jr. , and Paul T. Gough Jr. for Defendant and Respondent.

Thomas E. Montgomery , County Counsel, and Timothy M. Barry , Chief Deputy County Counsel, for Real Party in Interest and Respondent.


Aurora Clark (Contestant) appeals the trial court's denial of her election contest challenging 12 uncounted ballots in a close race for city council. This appeal principally concerns the handling of provisional ballots where the voter does not provide a current residence address on the ballot envelope. Because we agree with the...

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