In re Application for Mandamus on Board of Election
In re Application for Mandamus on Board of Election
Opinion of the Court
The opinion of the court was delivered by
Ordinarily we think the board of county canvassers would be required to canvass the returns laid before them, and could not seek for evidence elsewhere. State, Gledhill v. The Governor, 25 N. J. L. 331. But this rule can only be applicable when the return laid before them is fair and unambiguous on its face and made in conformity with the statute. Where, as in this case, the return as made suggests a doubt as to its own correctness, the board of canvassers, if its canvass is to be anything more than a mere mechanical tabulation of figures, must of necessity ascertain the true state of the case. Otherwise the present deadlock in that board might well continue in spite of our writ requiring them to proceed. They naturally sought information in the duplicate return and while the fact that the duplicate was unambiguous in crediting the relator with one hundred and sixty votes would naturally lead candid men to the belief that one hundred and sixty was the correct figure, we cannot censure the members of the county board who still remained
Let a peremptory mandamus issue.
Reference
- Full Case Name
- IN THE MATTER OF APPLICATION FOR MANDAMUS ON BOARD OF ELECTION, FOURTEENTH DISTRICT, TWELFTH WARD OF JERSEY CITY
- Status
- Published