Day v. Jones

Citations

• 31 Cal. 261

Syllabus

<p>Time within which Election may be Contested.—An elector is not deprived of his remedy to contest an election because the Board of Canvassers assume to meet more than forty days after the return of the legal votes, and acting on returns then made, declare a person elected to an office who was not elected by the legal votes first returned.</p> <p>Idem.—The forty days within which proceedings may be commenced to contest an election commence running on the day on which the Board of Canvassers make the canvass which is the subject of controversy.</p> <p>Appeal in Contested Election Case.—The Supreme Court has appellate jurisdiction from a judgment of the County Court rendered in an election contest.</p> <p>Act allowing- Soldiers to Vote is Unconstitutional.—The Act of April 4th, 1864, authorizing persons in the military service of the United States to vote elsewhere than in the county or district where they respectively reside, and have their votes counted in such county or district, is unconstitutional.</p> <p>Idem.—Query? Is the ninth section of said Act in force, on the ground that a part of an Act may be unconstitutional without invalidating other portions ?</p>