194 Mich. 564 | Mich. | 1917
Plaintiff seeks by mandamus, to compel defendant to recall a certificate issued by it on March 20, 1917, showing the nomination of Hal L. Cutler as Republican candidate for the office of circuit judge of the nineteenth judicial circuit, at the primary election held in that circuit on March 7, 1917. The nineteenth circuit is composed of four counties — Osceola, Lake, Mason, and Manistee. Plaintiff and Cutler were opposing candidates for the Republican nomination for circuit judge at that election, and Thomas Smurthwaite was the unopposed Democratic candidate. By the original canvass and returns, plaintiff was found to have a majority of 12 for the Republican nomination. On March 13th, Cutler petitioned for a recount of the votes cast in two precincts of Richmond township in Osceola county, and soon thereafter plaintiff petitioned for a recount of Lake county. By consent of plaintiff the recount on Cutler’s petition was taken up and later Cutler filed petitions for recounts in two other townships in Osceola county. The last recount petitioned for by hipa was completed on March 19th. Plaintiff then petitioned for a recount of one precinct in Sherman township in Osceola county.
The statute fixes a limit of time for defendant to perform the duty of canvassing the returns made to it from the several counties and certifying the nominees shown by such return to the respective boards of election commissioners, who, with the information so furnished, are required to have the ballots printed and ready before a stated time. Defendant’s duties in the premises were purely ministerial. It had before it the official returns, apparently regular and as required by law, of every county in the circuit, and in
“The necessary effect of the primary law, however, is to give an official character to a primary nominee. It may not be strictly accurate to call him a public officer, but the law gives him a certain and definite standing and endows him with at least one valuable privilege or right which he may enforce. Until the time of the election he is guaranteed, and in fact holds, a recognized legal position, which may be called, in default of a better term, a ‘quasi office.’ ” 9 R. C. L. p. 1090.
*568 “So, when the vote has been canvassed by the proper board and he has received his certificate, he is at once in possession of his quasi office so far as any one can be in possession of it, and entitled to its single privilege, namely, the right to have his name put on the official ballot in the proper place, as against all the world, until in some proper action or proceeding to contest his right it is decided that another person was in fact nominated.” State, ex rel. Rinder, v. Goff, 129 Wis. 668 (109 N. W. 628, 9 L. R. A. [N. S.] 916).
As it does not now appear that any one is entitled by a better right to the certificate in question, the court must decline to interfere by mandamus to annul a ministerial act performed in the line of its statutory duty by a public ministerial board.
The merits of mutual imputations as to responsibility for delays and resultant irregularities need not be considered or passed upon here, but it seems obvious that the primary responsibility and fault rests in the law itself followed by authorized resort to certain of its provisions. As the law now stands, it will always afford opportunity for confusion and delays by which rights may be lost or wrong done. The time provided in which to do the numerous things required is limited and none too long when everything runs smoothly. As illustrated in this case, the primary election was on March 7th, to be followed on April 2d by the election to which it was preliminary. The county canvass came on the second Tuesday succeeding, within 10 days after the election the county returns were required to be certified to the secretary of State, who was required to appoint a meeting not later than 20 days after election, when the canvass should be made and the result forthwith certified-to the county boards of election commissioners; but this 20 days is curtailed by the absent voter’s law requiring the county election commissioners to print and distribute the ballots to inspectors at least 12 days before election. With diligence and prompt action by the various officers whose
For the foregoing reasons, the writ is denied.