BRICKELL v. STATE ELECTION BD.

BRICKELL v. STATE ELECTION BD.
1950 OK 211
221 P.2d 783
203 Okla. 361
Case Number: 34790
Decided: 08/04/1950
Supreme Court of Oklahoma

Syllabus

¶0 1. ELECTIONS - Statutory provisions and conditions for recount of votes cast in all primary elections for nomination to county, district and state offices.
26 O.S. 1941, § 391 provides a recount of votes cast in all primary elections for nomination to county, district and state offices upon the condition that a candidate failing to receive the highest number of votes cast file with the secretary of the election board whose duty it is to canvass the returns in the race wherein the recount is sought, within the time prescribed, his or her challenge of the correctness of the announced results of said primary election in the form of an application requesting a recount of the ballots as to designated precincts within the boundaries of the county, district or state, as the case may be, and depositing $250 in cash for each county or portion thereof.
2. SAME - Mandatory duty of Election Board to order recount where conditions for recount met.
When the foregoing conditions are met it becomes the mandatory duty of said election board to order the recount and proceed with same as provided by Section 391, supra.
3. STATUTES - Subjects and titles - Unnecessary that title specifically mention every detail in body of act.
Section 57, Art. V of the Oklahoma State Constitution, is not to be construed in such a manner as to hamper or unreasonably restrict the Legislature in the performance of its duty. The title limits the scope of an act but it is not essential that every detail in the body of the act be specifically mentioned therein.
4. ELECTIONS - Held, application for recount meets requirements and conditions imposed by law and entitles applicant to recount.
Record Examined and Held: that the application filed meets the requirements and conditions imposed by law and entitled applicant to a recount as requested.

Application for writ of mandamus by Ben Brickell against State Election Board. Writ granted.

Fletcher Riley, J. Howard Lindley, both of Oklahoma City, for petitioner.

Mac Q. Williamson, Attorney General, for respondents.

ARNOLD, V.C.J.

¶1 According to the official returns in the race for Member of the House of Representatives, Fifth Legislative District, Oklahoma County, petitioner, Ben Brickell, received twenty votes less than his opponent in the run-off primary held July 25, 1950. Within the time prescribed by law Brickell filed with the State Election Board his application for recount of the ballots cast in certain designated precincts within the Fifth Legislative District of Oklahoma County wherein the election was held.

¶2 In said application he challenged the correctness of the announced results and prayed that a hearing be had and a recount ordered. His application was denied by the Board. Thereupon he filed this action in this Court seeking mandamus.

¶3 Said application under the rules of law this day announced in Coe v. State Election Board, et al., Okl.Sup., 221 P.2d 774 and for the reasons therein stated was and is wholly sufficient to entitle said petitioner to a recount as prayed for.

¶4 Writ granted.

¶5 DAVISON, C. J., and WELCH, CORN, LUTTRELL, HALLEY, JOHNSON and O'NEAL, JJ., concur.