Sullivan v. County Commissioners

Citations

• 59 Fla. 630

Syllabus

<p>1. In local option elections under tbe constitution and laws of this State the Board of County Commissioners constitutes the “County Canvassing Board,” authorized to canvass the returns from the election districts and declare the result of the election.</p> <p>2. The Clerk of the Circuit Court is clerk of the board of county commissioners, and he is a proper custodian of ballots that were used at a local option election and were received by such clerk from the county commissioners when acting as a county canvassing board.</p> <p>3. While the power of the county canvassing board may be expressly limited by law in the matter of ascertaining and declaring the result of the election as shown by the returns from the several election districts, the power of the court to consider any.legal evidence offered upon an issue of the legality of the election is not limited by statute.</p> <p>4. Where a proper basis is laid for it, the court may examine the original ballots and any other matters directly affecting the election in determining its validity. And the power and duty of the court are not affected by any irregularity or illegality in the action of the County Canvassing Board or other election officers.</p> <p>5. It is competent for the court to determine from the original ballots and the returns and from other papers and evidence relating to the conduct of the election whether a legal election was held.</p> <p>6. Where the non-payment of a poll tax is the ground upon which it is alleged that an illegal vote was cast, it should be affirmatively shown that the unpaid tax was legally assessable against the voter. The statute exempts certain classes of persons from the payment of poll taxes and it should be clearjy shown that the voter did not belong to any of the exempted classes.</p> <p>7. The inspectors at an election are presumed to have allowed only legally qualified electors to vote until the contrary is clearly made to appear.</p>