State ex rel. Case v. Superior Court

Citations

• 81 Wash. 623

Syllabus

<p>[Syllabus by the Reporter.]</p> <p>Statutes — Initiation—Petition—Valio Signatures — Determination — Review by Courts. The determination (under 3 Rem. & Bal. Code, § 4971-1 et seq.) of the number of valid signatures upon an initiative petition to submit a measure to a vote of the people, is a political rather than a judicial question, although including an issue of fraud, in the absence of statutory provisions to the contrary; hence the legislature has power to commit the same to administrative officers, and the courts could not, in the absence of express statute, review the determination of such officers.</p> <p>Same — Review by Canvassing Officers — Ministerial Duties. The determinations made by local officers upon questions expressly submitted to them by the law relating to the submission of initiative measures to a vote of the people cannot be reviewed by the secretary of state as a canvassing officer in the absence of express statutory authority therefor, since the duties of canvassing officers are purely ministerial and limited by the express power conferred upon local certifying officers.</p> <p>Same — Determination of Valid Signatures — Review — Limitations — Statutes—Construction. 3 Rem. & Bal. Code, § 4971-15, providing that, upon submission to him of initiative petitions, the secretary of state “shall proceed to canvass and count the names of certified legal voters on such petition. If he find the same name signed to more than one petition, he shall reject both names from the count,” being a special authority to reject names for one reason only, suggests, almost conclusively, a limitation on his power to reject names for any other cause.</p> <p>Same — Determination of Valid Signatures — Powers of Secretary of State — Limitations—Statutes—Construction. 3 Rem. & Bal. Code, § 4971-12, providing that, upon an initiative petition being submitted to the secretary of state, he shall examine and file the same “if upon examination said petition appears to be in