State ex rel. Mills v. Howell

Citations

• 93 Wash. 257
• 160 P. 760

Syllabus

<p>Elections — Primary Elections' — Nominations—“Contest”—Time eor Piling — Statutes. Under Rem. 1915 Code, § 4829, providing for the correction of any error or wrong in the placing of names on the primary election ballot or the failure or neglect of any duty by any election official, upon the filing of an affidavit in the supreme or any superior court, and that any candidate who may desire to contest the nomination of any candidate may proceed by such affidavit so presented, provided the affidavit is presented within five days after completion of the canvass of the votes and not later, a proceeding in mandamus to require the secretary of state to certify the name of a candidate along with the names of several other candidates who admittedly received the requisite number of votes to go upon the ballot, is a “contest” of the nomination, and must he commenced within the five days limited, or it is too late.</p> <p>Mandamus — Limitations—Merits. Where a mandamus is filed too late, the merits will not be examined to settle disputed questions of law.</p>