141 Iowa 196 | Iowa | 1909
This is an action of mandamus brought
At the June, 1908, primary election, there were four ballots cast for Democratic candidates for the office of senator of the Sixteenth senatorial district of Iowa. Pour candidates for the office were voted for. Hence each candidate received but one vote.. Abstract returns were duly made to the Secretary of State, and the vote from that senatorial district wTas canvassed as provided by law. A certificate as to the office of senator was prepared as required by section 1087a22, Code Supp. 1907, and there is evidence in the record tending to show that it was sent to the Chairman of the Democratic central committee for that district and to the auditors of the counties of Adair and Madison; but there is evidence supporting the claim that it was not received by any of the parties named, and, as we' understand the record, the trial court so found. No'district^ convention was called or held pursuant to the provisions of section 1087a26, Code Supp. 1907. On the 2d day of October, 1908, the central committee of the senatorial district met and nominated the relator, George M. Pratt, as the Democratic candidate for the office of senator. A certificate of such nomination was tendered for filing at the office of the Secretary of State on the 3d day of October, 1908, but it was rejected, and no certificate was issued by the Secretary thereon.
The section clearly creates a tribunal for the determination of all questions arising in relation to certificates of nomination or nomination papers, and makes the decision of such tribunal final. In the instant case the question before the Secretary of State related to the validity of the certificate or nomination papers of the relator; and, if he considered the action of the Secretary in refusing to accept as valid and file such nomination papers, he should have filed objections to said action, and thereby secured a hearing before the tribunal created for the purpose.
The purpose of the statute is to afford a prompt review of all questions concerning the validity of certificates of nomination or nomination papers; and the provision
The judgment of the district court must be, and it is, reversed.