Hughes v. Parker

Citations

• 63 Kan. 297
• 65 P. 265
• 1901 Kan. LEXIS 139

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Cities and City Oeeicers — Elections—Tally-marJcs Control the Result. Under sections 10 and 11, chapter 206, Laws of 1889 (Gen. Stat. 1901, §§ 709, 710), and section 82, chapter 37, Laws of 1881 (Gen. Stat. 1901, §829), tally-marks of the votes for candidates for office in cities of the first class are required to be made by the clerks of election, and returned to the city council, as the canvassing board, as part of the returns of the election; and, in case of a discrepancy between such tally-marks and the certificates of total votes for the candidates made by the election officers, the former control, and require a declaration of the result to be made in conformity therewith.</p> <p>2. Elections — Mandamus Ordering New Canvass. Mandamus will issue only upon a showing of clear legal right; therefore, a canvass of the returns of an election made by a canvassing board, which returns are ambiguous, uncertain, and difficult to understand, will not be ordered to be made anew, and a different result announced, upon an inspection by the court of the same returns.</p> <p>3. -Individual Members of Canvassing Board may Appeal from Order of Mandamus. While a board of election canvassers is an official entity, and a canvass of election returns made by it is the act of the board and not the separate acts of the individuals composing it, yet an order of the court, requiring the board to canvass a vote and declare the result in accordance with a certain rule laid down for its guidance, may be appealed from by an individual member of the board.</p>