Behrendt v. Bd. of State Canvassers

• Court: Michigan Supreme Court
• Writing for the Court: PER CURIAM.
• Citation: Behrendt v. Bd. of State Canvassers, 269 Mich. 247, 257 N.W. 631 (Mich. 1934)
• Decision Date: 05 December 1934
• Docket Number: No. 408.,408.
• Parties: BEHRENDT v. BOARD OF STATE CANVASSERS.

269 Mich. 247

257 N.W. 631

BEHRENDT

v.BOARD OF STATE CANVASSERS.

No. 408.

Supreme Court of Michigan.

Dec. 5, 1934.

Petition by Henry Behrendt against the Board of State Canvassers of the State of Michigan, to prohibit the defendant from recounting the votes cast for the office of Secretary of State in certain election precincts in the county of Wayne.

Petition granted.

Argued before the Entire Bench.

Schmalzriedt, Frye, Granse & Frye, of Detroit, for plaintiff.

Patrick H. O'Brien, Atty. Gen., for defendant.

PER CURIAM.

The question here presented is whether the board of state canvassers may recount the votes cast for the office of secretary of state in certain election precincts in the county of Wayne at the last November election on the petition of one of the candidates at such election.

Section 4 of article 16 of our State Constitution reads as follows: ‘In case two or more persons have an equal and the highest number of votes for any office, as canvassed by the board of state canvassers, the legislature in joint convention shall choose one of said persons to fill such office. When the determination of the board of state canvassers is contested, the legislature in joint convention shall decide which person is elected.’

This provision was construed by this court in Dingeman v. Board of Canvassers, 198 Mich. 135, 164 N. W. 492, 494 (decided in 1917). The authorities were reviewed at some length, and the conclusion stated: ‘Other cases might be cited, but these are sufficient to demonstrate the rule adopted by this court. Running through all these cases is the rule, to my mind clear and distinct, that wherever by the...