39 Wash. 252 | Wash. | 1905
This is an appeal from an- order dismissing an election contest for the reason that the same was not instituted within the time limited by law. This branch of the case was heard upon an agreed statement, from which the following facts appear: On the 16th day of November, 1904, after the election returns were received from each and every precinct of Walla Walla county, the chairman of the board of county commissioners, the prosecuting attorney, and the county auditor met and organized as a canvassing board, for the purpose of canvassing the votes cast in the several precincts of the county. On that day the total of the votes cast in each precinct for each candidate was ascertained and determined, and entered in a schedule prepared for that purpose. But the grand total of all votes cast for the different candidates, in all the precincts of the county, was not footed up or ascertained. The canvassing board thereupon directed one J. W. McGhee) a deputy county auditor, to compute the total number of votes cast for each candidate, in all the precincts, on an adding machine, and adjourned. On the 19th day of
No further action was taken by the board of canvassers, except that on the 21st day of November, 1904, the prosecuting attorney and the county auditor compared the totals of the votes, as ascertained and entered in said schedule by McGhee, with two other facsimiles of such schedule, and found the same to be accurate. On the same day the county auditor attached his certificate to such schedule and the two facsimiles, to the effect that the same contained a correct copy of the abstract of the votes polled in Walla Walla county at the general election, and thereupon issued to respondent a notice of election, notifying him that he had received the highest number of votes cast for the office of county assessor. No official record was kept of the proceedings of the canvassing board, and no statement of the count or canvass was drawn up or signed by the canvassing board, or any member thereof. The statement of contest was filed on December 1, 1904.
The provisions of the statute bearing upon the question under consideration are the following: Bal. Code, § 1407, provides that, on the 10th day after the election, or as soon as the returns are in from the several precincts, the county auditor shall notify two .county officers to be present at his office on a day named, for the purpose of canvassing the votes; that the county auditor shall take the oath therein prescribed, “and then the said auditor, with the assistance of two county officers aforesaid, shall proceed to count the votes of said county or precincts, a statement of which shall be drawn up and signed by them.” Section 1408 designates the chairman of the board of county commissioners and the prosecuting attorney as the two officers to be notified, and declares that said officers, together with the county
"When any such elector shall choose to contest the right of any person declared duly elected to such office, he shall, within ten days after such person shall have been declared • duly elected to such office, file with the clerk of the superior court of the county a written statement, setting forth,” etc.
The election statutes are inharmonious. This results principally from the fact that they have been amended from time to time by changing the names of officers, and by adding new officers, without making any corresponding change in other parts of the statutes. For example, section 6 of chapter 7 of the act of January 22, 1866, provides that the county auditor, within ten days after the election, or as soon as the election returns are in,
"Shall proceed to estimate the vote of the county or precinct, a statement of which shall be drawn up and signed by him. The statement shall contain the names of the persons voted for; the office to fill which each person was voted for; the number of votes given at each -precinct to each of such persons, and the number of votes given to each in the county; and the same shall be filed, together with the returns from each precinct, in the office of the county auditor.”
Section 7 of chapter 7 of the same act is identical with Bal. Code, § 1410. Section 6 of chapter 8 of the same act is identical with Bal. Code, § 1430, except that under the former the statement of contest was filed with the county auditor instead of the clerk of the superior court. The ten days within which a contest must be instituted commences to run when the contestee is duly declared elected
In our opinion, the contest was instituted within time; and the judgment is reversed, and the cause remanded for further proceedings not inconsistent with this opinion.