Miller v. Davenport
| Decision Date | 14 November 1902 |
| Citation | 8 Idaho 593,70 P. 610 |
| Parties | MILLER v. DAVENPORT |
| Court | Idaho Supreme Court |
ELECTIONS-OFFICIAL BALLOT-DUTIES OF COUNTY AUDITOR.-Under the election laws of Idaho, the duties of county auditor in preparing official ballots for county and state elections are purely ministerial, and it is the duty of such auditor to place upon said official ballot the names of candidates for state and judicial district offices made by the different political parties; and certified to such auditors by the Secretary of State.
COURT AUDITORS-OFFICIAL BALLOT-PROHIBITION.-The writ of prohibition will not issue to restrain the county auditor of a county from placing upon the official ballot the name of a candidate for district judge, who has been nominated in regular convention of a political party, and whose nomination has been duly certified to the Secretary of State, and by said Secretary of State to such county auditor.
(Syllabus by the court.)
ORIGINAL proceedings in Supreme Court for writ of prohibition.
Writ denied. Costs of this proceeding awarded to the defendant.
Charles E. Miller, for Plaintiff, files no brief.
E. C McDonald, Amicus Curiae, files no brief.
The facts are stated in the opinion.
This is an original proceeding commenced in this court by the plaintiff, who alleges that he is an elector of Shoshone county, residing at the city of Wallace, and that he is a member of the Democratic party, and beneficially interested in the action, to obtain a writ of prohibition prohibiting the defendant, as county auditor of Shoshone county, from placing upon the official ballot the name of Liguori A. Doherty, the Democratic nominee for district judge of the first judicial district, comprising the counties of Kootenai and Shoshone. It is alleged that said Doherty was duly nominated by the Democratic state convention for the said office of district judge, and his nomination duly certified by the chairman and secretary of said convention by certificate duly filed with the Secretary of State, and by said Secretary of State to the defendant, as said county auditor, and that said auditor threatened to, and will unless prevented by the orders and decrees of this court place the name of said Doherty, as said Democratic nominee for district judge of the first judicial district upon the official ballot in and for Shoshone county...
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Taylor v. Girard, 6198
...next preceding, it shall be his duty to compile in ballot form the information contained in said certificate . . . ." Miller v. Davenport, 8 Idaho 593, 70 P. 610, was case wherein writ of prohibition was sought to prohibit a county auditor from placing upon the official ballot the name of a......
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State ex rel. Mitchell v. Dunbar
... ... State, 44 Neb ... 430, 63 N.W. 23.) ... The ... duty of an auditor to prepare the official ballot is ... ministerial. ( Miller v. Davenport, 8 Idaho 593, 70 ... P. 610; Fuller v. Corey, 18 Idaho 558, 110 P. 1035.) ... MCCARTHY, ... C. J. William A. Lee, J., ... ...
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Davidson v. Wright
... ... Id. Similarly, in Miller v. Davenport, a case involving a county auditor's refusal to determine on his own authority the eligibility of a candidate for public office, this ... ...
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Common School Dist. No. 58 of Kootenai County v. Lunden, 7744
...by statute, unless it appear that the act is beyond the mandate or the mandate is beyond the power of the legislature. Miller v. Davenport, 8 Idaho 593, 70 P. 610; Stein v. Morrison, 9 Idaho 426, 75 P. 246; State ex rel. Bank of Eagle v. Leonardson, 51 Idaho 646, 9 P.2d 1028; Taylor v. Gira......