State Ex Rel. Welsh v. State Board of Canvassers
State Ex Rel. Welsh v. State Board of Canvassers
Opinion of the Court
Tire opinion of the Court was- delivered by
This is a petition to this Court for a writ of certiorari to be directed to the State Board of 'Canvassers for ‘the purpose of having the Court review the findings of said board in the 'Contest of an election 'held in Chesterfield County on August the 13th, 1907, under the act of the General Assembly of February the 16th, 1907, contnonly known as the Carey-Goithran Act.
Tire petition 'alleges many irregularities, and illegalities, and it is sought to' be shown that the whole election was- so permeated by them that the result of -the election was necessarily rendered doubtful. In this contention the contestants were sustained by the county 'board of canvassers, but on appeal to the State Board, the finding of the county board was reversed; the State Board holding that while there had been irregularities and illegalities, none of them violated any constitutional provision nor any legislative provision essential to a valid election, nor rendered the result of the eleation doubtful. Therefore the election was sustained.
*249
It is next urged that there was in the county a large number of persons whose names appeared upon the registration books and to whotej registration certificates had been issued by the registration officers without compliance with law, that probably a large number of such voters voted in the election here being contested. The State Board found, as a matter of fact, that there was no showing that any such votes wiere cast in the election. Therefore, it would be merely a speculative question for this Court to. determine the effect of ballots cast by such registered persons.
*250 L-ikewise with all of the alleged illegalities. None of them being such as to ipsa facto render the election void, we do not deem it necessary to review; them seriatim. Suffice it to say that there has been a legal election, that the will of the body of citizens has been legally and emphatically expressed, and therefore this Court will not disturb the election.
It is- the judgment of this- Court, that the motion be denied and the petition1 dismissed.
Reference
- Full Case Name
- State Ex Rel. Welsh v. State Board of Canvassers.
- Cited By
- 12 cases
- Status
- Published
- Syllabus
- 1. An election will not be declared invalid for illegalities or irregularities which do not affect the result or render it doubtful. 2. Ibid. — Dispensary.—Commissioners op election for county and State officers are the proper officers to hold an election on question of dispensary or no dispensary under the Carey-Cothran Act. 3. Voters — Registration.—Certain persons registered prior to 1898, designated in the Constitution, may vote without their names appearing on the precinct books.