Sprague v. Norway

By the Court, Sanderson, J.: The turning points in this case, and therefore the only ones which we find it necessary to consider, relate to the effect of certain irregularities which occurred at Carpenteria Precinct, and the meaning of the word “ months” as used in our Constitution and statute defining the qualifications of an elector; it being claimed on the part of the appellant that the irregularities suggested vitiated the election at the precinct in ques[175]tion, and that by the word “ months,” lunar and not calendar months are intended.

The irregularities complained of were the appointment by the Judges of the Election, and not by the electors there assembled, of a person to serve as Inspector, the Inspector appointed by the Board of Supervisors having failed to attend; and the taking of the ballots from the box and reading them to the Tellers by one Heath, who was neither Judge, Inspector, nor Clerk of the Election. It appears that neither the Judges nor the Inspector could read, and that Heath was invited by them to read the ballots for that reason.

I. There is no pretense that by reason of these irregularities any illegal votes were cast for the respondent, or that the ballots were not read correctly by Heath, or that the contestant was not allowed in the tally all the votes that were cast for him, or that the respondent was allowed more votes than he was entitled to, or that they contributed in any manner to cause the respondent to be declared duly elected. Mere irregularities which do not affect the final result, or in other words, do not produce a different result from that which would have otherwise happened, are not vicious. Electors cannot be denied the benefit of their votes upon such slender grounds. The statute expressly provides: “ That no irregularity or improper conduct in the proceedings of the Judges, or any of them, shall be construed to amount to such malconduct as to annul or set aside any election, unless the irregularity or improper conduct shall have been such as to procure the person whose right to the office may be contested, to be declared duly elected, when he had not received the highest number of legal votes.” (Sec. 52 of the Act regulating elections.) We consider that the irregularities in question belong to the class referred to in this provision of the statute.

II. The English cases cited by appellant are to the effect that the word “ month ” when used generally in a statute is to be construed to mean a lunar, and not a calendar month. Such is undoubtedly the rule in England, but some of the Judges have regretted that such is the case. In Lacon v.