Reference

Full Case Name

CALLISON v. PEEPLES

Status

Published

Syllabus

Counties. Elections. Certiorari. Issues. Conduct of Election. 1. Elections—Canvassing Boards—Findings of Fact—Certiorari.— Unless there is testimony tending to support a finding of fact by a canvassing board, it becomes a question of law to be reviewed upon certiorari. la. Elections—State Board of Canvassers—Finding Conclusive.—A finding of fact by the State board of canvassers is not conclusive where there is no evidence to support the finding, or it is against the necessary inference from the facts, since the statute making the findings of the board conclusive presupposes that they must be supported by some evidence. 2. Elections—Contests—Issues.—Where the decision of an election contest is governed by a principle of law, it is not proper for. the canvassing board to pass upon irrelevant questions of fact. 3. Elections—New Counties—Voters.—In an election upon the question of the formation of a new county, opportunity must be given every qualified voter within the territorial area to be affected, to vote and express his preference for the new county or against it. 3a. Counties—New Counts’ Election—'Qualified Voters—Exclusion.—Where in an election to decide the creation of a new county, under Const. 1895, art. VII, secs. 1, 2, the portions of all the townships to be included, except one, had no polling places, the exclusion of the qualified voters therein from voting was illegal. 3b. Counties — New Counties — Election — Qualified Electors.-— Under Const. 1895, art. VII, secs. 1, 2, providing for the establishment of new counties by election by the qualified electors within the proposed area, all qualified electors within the territory to be included in the new county are entitled to vote on that question, and the legislature cannot deny that right by failing to provide a means of voting for such electors in a statute designed to carry out the constitutional provision. 4. Counties.—The creation of a new county affects not only the political, but also the property rights of the people living within its territorial area. 6. Counties.—When the proponents of a new county show compliance with the constitutional requirements as to inhabitants, taxable property and area, the Governor is authorized to order an election upon the question by the whole electorate, not by a portion of it. 6. Elections.—Where a majority of the qualified electors are deprived of the opportunity to vote, it casts doubt on the result, as how they would have voted could only be properly determined by allowing them to vote under the provisions of law in that behalf. 6a. Elections—Votes—Illegal Exclusion—Effect.—The fact that certain persons have been illegally prevented from voting will not vitiate the election, if by counting such votes as having been cast against the result obtained there still remains a sufficient majority to establish such result. 6b. Elections:—Voting—Illegal Prevention—Effect.—Where a number of voters were illegally prevented from voting, and it is not known how they would have voted, but there are enough votes to have changed the result had they voted against it, the election will be vacated, since, where the irregularity or illegality of an election is such as to place it in doubt, the election must be set aside. 7. Elections—Counties.—Under Const., 1895, art. VII, secs. 1 and 2, and Civil Code 1912, sec. 641, the commissioners of election should appoint managers for each voting district either partially or wholly within the territory of the proposed new county, so that qualified voters of the district residing within the territory to be affected might vote, regardless of the circumstance that the box for the precinct itself may be outside of such territory. 8. Election—Counties.—The term “voting place” in Civil Code 1912, sec. 641, refers rather to the whole territory the precinct is intended to cover rather than the particular point where the box is located. 8a. Counties—New Counties—Election—“Votinq Place.”—The provision of the statute that three managers shall be appointed for each “voting place” in the area of the old county proposed to be cut off will be construed to mean the entire territory which the precinct is intended to cover, whether it lies partially or wholly within or without the area of the proposed new county, since in construing the act all doubts are to be resolved in favor of its constitutionality and the evident intent of the legislature. 9. Election—Validity.—Where a sufficient number'to change the result, or render it doubtful, have been deprived of their constitutional right to vote at an election, it must be declared void. 10. Elections — Contests — Questions.— Where an election must be declared void because of failure to observe one constitutional requirement it is unnecessary to pass upon the constitutional questions which would have arisen had the election been otherwise valid.