HARRELL v. COUNTY ELECTION BD. OF SEQUOYAH COUNTY

HARRELL v. COUNTY ELECTION BD. OF SEQUOYAH COUNTY
1950 OK 213
221 P.2d 778
203 Okla. 360
Case Number: 34787
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 office.
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 entitles applicant to a recount as requested.

Application for writ of mandamus by T. H. Harrell against County Election Board of Sequoyah County et al. Writ granted.

Kelly Brown, Muskogee, W. S. Agent, Sallisaw, for plaintiff.

Mac Q. Williamson, Attorney General, for defendants.

ARNOLD, V.C.J.

¶1 T. H. Harrell was a candidate for the office of County Commissioner of District No. 3 of Sequoyah County at the run-off primary held on July 25, 1950, and according to the tabulated and announced results of the votes cast in said race he received fewer votes than his opponent. Within the time prescribed by law he filed his application for recount of the ballots cast for said office in the run-off primary challenging the correctness of the results announced by alleging: 'that I am not satisfied with the count of each and all of the ballots cast in said election and that applicant desires to have each and every ballot in each and all of the ballot boxes in said Commissioners District No. 3 recounted.' He deposited $250 in cash with the Board for the purpose of defraying the expense of the recount.

¶2 The members of the Board convened with the District Judge in the district courtroom and after consideration of the application, on motion to dismiss, the application was dismissed and the recount refused. Thereupon this petition for writ of mandamus requiring the defendants to grant a recount of the ballots cast at said election was filed in this Court.

¶3 Said petition 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 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