Cole's Election

Citations

• 223 Pa. 271
• 72 A. 510
• 1909 Pa. LEXIS 520

Syllabus

<p>Election contest — School directors — Sufficiency of petition for contest— Delay in moving to quash.</p> <p>1. Proceedings to contest elections are regulated by statute and should be so construed by the courts as to protect the elective franchise. The petition should aver plainly and distinctly such facts, which if sustained by proof, would require the court to set aside the result. It should, in the language of the Act of May 19, 1874, P. L. 208, “ concisely set forth the cause of complaint, showing wherein it is claimed the election is undue or illegal.” This is all the statute requires, and the court is not authorized to require more by construction. This will give the respondent sufficient information of the charges of illegality which he is required to meet, and he is entitled to nothing more.</p> <p>2. The petition for an election contest' of school directors set forth the number of votes counted and returned by the election board for respondent and contestant, and the number of votes given for the contestant and not counted were stated, showing that the contestant had eleven votes more than the respondent. This was followed by ah averment of the number of legal votes in each one of three election districts which were cast for contestant, and which the election boards in the respective districts refused to count and return for him. The illegal action of the board in refusing to count the votes, was, as alleged in the petition, the result of fraud, deceit or mistake, and this unlawful action it was averred deprived contestant of election to the office of school director to which he was duly elected. Held, that the averments of the petition were sufficient under the act, and that it was error to quash it.</p> <p>3. A petition for an election contest was presented on March 12, and the court fixed a hearing on April 9, and a copy of the petition was served on respondent on March 17. Respondent did not appear on April 9, or file an answer. On May 23, the court a