Ackerman v. Haenck

Citations

• 147 Ill. 514
• 35 N.E. 381

Syllabus

<p>1. School election—fixing the time for holding. The law fixes the time when an election shall be held for the election of president and members of boards of education, and requires the president and clerk of the board to give ten days’ notice of the election, which shall specify the place of holding the election and the time of opening and closing the polls. The statute does not require the board of election to make an order providing for the election.</p> <p>2. As the law fixes the date of election, and requires the president and clerk of the board of education to give notice of the election, the fact that an order of the board fixing the time, and requiring notice to-be given, may have passed by less than a quorum of the board, will not vitiate an election held in pursuance of such order.</p> <p>3. It is within the power of the board of education, acting through its president and clerk, to prescribe such reasonable time for the opening and closing the polls of an election for members of the board, as may best suit the convenience of the voters of the district.</p> <p>4. Same—avoiding—for irregularities in conducting. Irregularities-in conducting a school election, such as a failure to make proclamation before the polls are closed, and a failure to deliver the ballots, after being counted, to the township treasurer, which in no way affect the result of the election or deprive any voter of his right to vote, and are not the result of fraud or improper motives, will be no ground for setting aside the election or declaring it void.</p> <p>5. The fact that the jurat to the oaths of the judges and clerks of a school election may have been informal, and that other irregularities may have occurred which do not affect the result, will afford no sufficient ground for contesting such election.</p> <p>6. Same—naturalisation of the judges. On the contest of the election of school officers, a certificate of naturalization ol one of the judges of the election, granted by a co