Krickbaum's Contested Election

Citations

• 221 Pa. 521
• 70 A. 852
• 1908 Pa. LEXIS 526

Syllabus

<p>Election law — Contested election — Practice, C. P. — Appeals—Remew— Certiorari.</p> <p>Proceedings by certiorari on a summary petition in an election contest occupy a middle ground between those in common-law actions, and equity suits; and the appellate court, in the exercise of supervisory powers in such cases, will not stop with a mere inspection of the formal proceedings, but will examine the opinion of the court below so far as it may be necessary to ascertain the basis of its action.</p> <p>Election law — Election contest — Judge of election de facto.</p> <p>In the absence of any evidence of fraudulent or wrongful voting, or of fraudulent or improper counting of votes, the entire poll of votes cast in a district will not be rejected, because a person was sworn and acted as the judge of election in place of the regularly elected judge, under the mistaken idea that he had a right to do so since he had acted as judge in the preceding election in the absence of the elected judge.</p> <p>In such a ease the officer is a judge de facto by color of authority, and the validity of his acts cannot be questioned so far as they affect third persons.</p> <p>Whole communities of electors are not to be disfranchised for the time being, and a minority candidate forced into an office, because one or more of the judges of election have not been duly sworn, or were not duly chosen, or do not possess all the qualifications requisite to the office.</p> <p>Public officers — De facto officers — Color of authority — Definition of de facto officer.</p> <p>A de facto officer is one who is in possession of an office and discharging its duties under color of authority, and by “color of authority” is meant authority derived from an election or appointment, however irregular or informal, so that the incumbent be not a mere volunteer.</p>