Chamberlain v. Hedger

Citations

• 12 S.D. 135
• 80 N.W. 178
• 1899 S.D. LEXIS 91

Syllabus

<p>1. The board of eanvasssers being required by Laws 1890, Chap 84, “to open the returns from the various voting precincts,” and to sign and certify to such abstracts, in accordance with which it is the auditor’s duty to make out certificates of election, they, cannot so refuse to do on the ground that persons voted for were were not properly nominated.</p> <p>2. A board of canvassers and the county auditor cannot be excused from canvassing the returns, and issuing a certificate of election in accordance therewith, on the ground that it would be idle, there having been no nominations as prescribed 1 y law, as the person to whom the certificate of election is issued is clothed with a prima facie right to the office.</p>