Lansdon v. State Board of Canvassers

Citations

• 18 Idaho 596
• 111 P. 133
• 1910 Ida. LEXIS 65

Syllabus

<p>Primary Election — Canvassing Returns — Duties of Canvassing Board — Jurisdiction of Canvassing Board — Writ of Review— Conducting Elections a Political Power — Jurisdiction of Courts in Election Matters.</p> <p>(Syllabus by tbe court.)</p> <p>1. A writ of review brings up tbe record of tbe tribunal, board or body whose acts are to be examined, and is issued for the purpose of reviewing the law applicable to tbe ease, instead of examining the facts of tbe case, except in so far as an examination of tbe facts is necessary in tbe determination of tbe single question of jurisdiction. Tbe purpose of the review is to determine primarily tbe law applicable to tbe case rather than tbe facts of tbe ease.</p> <p>2. The state board of canvassers in canvassing election returns sent up by tbe boards of canvassers of tbe several counties and computing tbe total vote received by each candidate and certifying to tbe secretary of state tbe names of the persons who received tbe majority or plurality, as the' ease may be, of all votes east for each respective office, is discharging a ministerial duty Tather than a judicial function. Mathematical computation and calculation does not constitute the exercise of judicial functions.</p> <p>3. It is the nature of the act to be performed rather than of the office, board or body which performs the act that determines whether or not it is the discharge of a judicial or quasi-judicial function.</p> <p>4. The fact that the state board of canvassers on receiving returns from the boards of canvassers of the several counties did not consider such returns inaccurate, uncertain, or as showing on their face omissions or errors, and their consequent neglect or refusal to send the same back to the county boards of canvassers for correction, does not constitute an excess of jurisdiction, nor does it oust the board of the jurisdiction acquired to canvass returns and declare the results.</p> <p>5. It is not the business or duty of the state board of ca