Chamberlain v. Wood

Citations

• 15 S.D. 216
• 88 N.W. 109
• 1901 S.D. LEXIS 114

Syllabus

<p>I. Const. Art. 6, § 19, provides that elections shall bd free and equal, and no power, civil or military, shall at any time interfere to prevent the free exercise of the right of suffrage. Article 7, § 1, provides what shall constitute the qualifications of an elector, and declares thar one possessing these qualifications shall be deemed a qualified elector at such election. The constitution makes no further provision as to the exercise of the right of suffrage. Held, that the legislature was not inhibited by the constitution from passing an election law requiring the names oí all candidates to be certified by law, and printed on an official ballot, thus, in effect, denying to electors the right of writing on the official ballot the name of a candidate whose name has not been properly certified.</p> <p>2, Where in an action for damages against the board of county commissioners for refusing to canvass a vote, by reason whereof plaintiff was deprived of an office to which he claimed to have been elected, plaintiff failed to show that he was legally elected, a demurrer to the complaint was properly sustained.</p> <p>Fuller, P. J., dissenting.</p>