Quigley v. Phelps

Citations

• 74 Wash. 73
• 132 P. 738
• 1913 Wash. LEXIS 2001

Syllabus

<p>Elections — Contest—Nature and Form. A proceeding to set aside a certificate of election issued by tbe canvassing board declaring the defendant elected to a prospective official term, is an election contest and controlled entirely by statute, Rem. & Bal. Code, §§ 4941-4957.</p> <p>Same — Complaint—Grounds. A complaint in an election contest alleging that the officers in each of the precincts wrongfully, intentionally and fraudulently counted for the defendant ballots actually cast for the plaintiff, sufficient to change the result, sufficiently charges “maleonduct” on the part of such officers, within the meaning of Rem. & Bal. Code, § 4941, specifying the grounds for contest.</p> <p>Same — Contest—Recount—Pleadings — Bona Pides. A general charge of malconduct in that the election officers in each of 391 precincts of a county fraudulently counted ballots for the defendant which were actually cast for the plaintiff is so lacking in the essential element of good faith as to warrant the court in refusing to order a recount of the ballots until preliminary evidence to impeach the returns be adduced.</p> <p>Same — Recount—Ballots—Fbeliminaby Evidence to Impeach. While the ballots may be conceded to be the best evidence of the result of an election, in the absence of a statute requiring a recount on a contest, it is not an abuse of discretion to refuse to order a recount of the ballots in a populous pounty, unless preliminary evidence is first adduced to impeach the returns, where the charges of malconduct were general and vague, and the work of recounting would require much time and expense.</p>