Rekemeyer v. Weih
Rekemeyer v. Weih
Opinion of the Court
This proceeding is predicated upon Chapter 7 of Title VI of the Code of 1897. Such chapter comprises Section 1198 to Section 1250, inclusive.
Section 1198 provides:
“The election of any person to any county office, or to a*759 seat in. either branch of the general assembly, may be contested by any person eligible to such office,- and the election of any person to a state office, or to the office of presidential elector, by any eligible person who received votes for the same office; and the grounds therefor shall be as follows:
‘ ‘ 1. Misconduct, fraud or corruption on the part of judges of election in any precinct, or of any board of canvassers, or any member of either board, sufficient to change the result;
“2. That the incumbent was not eligible to the office at the time of election;
“3. That the incumbent has been duly convicted of an infamous crime before the election, and the judgment has not been reversed, annulled or set aside, nor the incumbent pardoned, at the time of election;
“4. That the incumbent has given or offered to any elector, or any judge, clerk or canvasser of the election, any bribe or reward in money, property or thing of value, for the purpose of procuring his election;
“5. That illegal votes have been received or legal votes rejected at the polls, sufficient to change the result;
“6.' Any error in any board of canvassers in counting the votes, or in declaring the result of the election, if the error would affect the result;
“7. Any other cause which shows that another person was the person duly elected.”
Section 1201 provides:
“The court for the trial of contested county elections shall be thus constituted: The chairman of the board of supervisors shall be the presiding officer, and the contestant and incumbent may each name a person who shall be associated with him.”
Section 1250 provides:
“All the provisions of this chapter in relation to contested elections of county officers shall be applicable, as near as may be, to contested elections for other offices, except as herein otherwise provided, and in all cases process and papers may be issued to and served by the sheriff of any county.”
It will be noted from an examination of the chapter that it does not in terms refer to township officers. The office in question is not a county office. If Chapter 7 is to be construed
Case-law data current through December 31, 2025. Source: CourtListener bulk data.