Pini v. Fenley
9 Cal. App. 5th 67
| Cal. Ct. App. | 2017Background
- John Fenley was declared elected to the Trinity County Board of Supervisors after receiving a majority (380 votes) in the June 7, 2016 nonpartisan election; the body canvassing returns declared him the winner on June 27, 2016 and the official canvass was certified July 6, 2016.
- Firenza Pini, an elector (not Fenley’s opponent), filed a verified statement of election contest on July 26, 2016 alleging mistakes, errors, and misconduct in counting ballots (including unprocessed vote-by-mail/provisional ballots and possible vote-counting errors).
- The verified statement did not specify a remedy but alleged that, if corrected, Pini would have more legal votes than Fenley.
- The superior court summarily dismissed the contest on its own motion, concluding the five-day deadline for contesting a primary (Elections Code §16421/§16462) applied and Pini’s filing was untimely.
- Pini argued the primary was transmuted into a general election because Fenley won a majority (Elec. Code §8140), so the 30-day deadline for general election contests (Elec. Code §16401(d)) applied; the trial court denied reconsideration and Pini appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a nonpartisan primary where a candidate wins a majority is treated as a general election for contest-deadline purposes | Pini: Majority win transmutes primary into general election, so 30-day deadline applies | Fenley: Contest/recount rules (five-day deadline under §16462) control; contest untimely | Court: Majority-win primaries are transmuted into general elections; 30-day deadline under §16401(d) applies |
| Whether Elections Code §16462 (five-day recount deadline) applies to this contest | Pini: §16462 applies only to primaries and/or applies only to candidate-filed recounts; her filing need not be treated as a §16462 recount affidavit | Fenley: §16462’s five-day deadline governs recount/contest timing regardless of transmutation | Court: §16462 is limited to primary-election recounts (based on legislative history, prior placement of former §20362, and article structure); it does not govern this general-election contest |
Key Cases Cited
- Cummings v. Stanley, 177 Cal.App.4th 493 (treating a primary that elects a candidate by majority as effectively a general election)
- McClintock v. Abel, 21 Cal.App.2d 11 (same principle: primary transmuted to general election when candidate receives majority)