State ex rel. Empire Voting Machine Co. v. Carroll

Citations

• 78 Wash. 83
• 138 P. 306
• 1914 Wash. LEXIS 982

Syllabus

<p>Elections — Voting Machines — Vote by “Ballot.” 3 Rem. & Bal. Code, § 4910-1 et seq., providing for tbe use of voting machines, does not violate Const., art. 6, § 6, requiring that all elections shall be by “ballot.”</p> <p>Same — Voting Machines — Statutes—Validity. 3 Rem. & Bal. Code, § 4910-1 et seq., providing for the use of voting machines, cannot be declared unconstitutional because it is involved and will embarrass election officers in attempting to apply it to local conditions; since, if the act is not plain, they must be guided by the general and municipal law, and ignore, as directory, provisions that cannot be complied with.</p> <p>Mandamus — Relief. Upon issuing a writ of mandamus to compel compliance with the act for the use of voting machines, the court will not define all the officers’ duties under the law.</p> <p>Elections — Voting Machines — Use. Und'er 3 Rem. & Bal. Code, § 4910-5, the city council may provide for the use of voting machines in a limited number of voting places.</p> <p>Same — Voting Machines — Iebegularity. Where voting machines have been approved by the examining board as required by 3 Rem. & Bal. Code, § 4910-2, their use without being purchased by the city is an irregularity only that would not affect the validity of the election.</p>