People ex rel. Ryan v. Nordheim

Citations

• 99 Ill. 553
• 1881 Ill. LEXIS 211

Syllabus

<p>1. Elections — in towns to be authenticated as in general elections. Returns of town elections under the township system, should be authenticated by the judges and clerks of the election, substantially in the manner indicated by the form given in section 61 of the general Election law.</p> <p>2. The words, “written statement or certificate of the number of votes cast,” etc., in sec. 7, art. 7, of the Township Organization act, which “ written statement or certificate ” the judges of election are required to make, will not justify a statement indorsed without the signatures of the judges. The words, “ statement and certificate,” are there used as equivalent terms, and the word “or” in the sense of “to-wit,” or “ that is to say.”</p> <p>3. Same — canvassing board must pass on returns. The canvassing board of an election must, in every case, determine for itself whether the papers transmitted to it are, within the meaning of the law, returns of an election. The canvassers must be satisfied that they are genuine, and purport on their face to give the result of the election, before they will be warranted in recognizing them as returns. The direction as to the mode of authenticating the returns must be regarded as mandatory.</p> <p>4. Same — authentication of returns. Where the only defect in the returns of an election to the canvassing board was, that the statements or certificates showing the number of votes cast for the various persons voted for were not authenticated by the signatures of the judges and clerks of the election, it was held, that the canvassers had no right to act upon such returns without amendment thereto.</p> <p>5. Same — amending returns. Where the returns of an election are in due form of law, except that the judges and clerks of election have, through mere inadvertence, neglected to sign their names to the statements or certificates of the result, it was held, as the returns were no returns in law, the judges and clerks might properly amend the