State ex rel. Byerley v. State Board of Canvassers
North Dakota Supreme Court
Application for and original writ of certiorari. “A majority of all the legal votes cast means a majority of all votes whether they voted for the amendments or not.” Const, subd. 2, § 202; State v. Babcock (Neb.) 22 N. W. 372; State v. Anderson, 42 N. W. 421; Tecumseh Nat. Bank v. Saunders (Neb.) 71 N. W. 779. It does not mean a majority of those voting on the question to be submitted, but a majority of all the legal voters of the county. People •ex rel.
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Application for and original writ of certiorari. “A majority of all the legal votes cast means a majority of all votes whether they voted for the amendments or not.” Const, subd. 2, § 202; State v. Babcock (Neb.) 22 N. W. 372; State v. Anderson, 42 N. W. 421; Tecumseh Nat. Bank v. Saunders (Neb.) 71 N. W. 779. It does not mean a majority of those voting on the question to be submitted, but a majority of all the legal voters of the county. People •ex rel. Davenport v. Brown, 11 111. 479; People v. Wiant, 48 111. 263; Chestnutwood v. Hood, 68 111. 132; 15 Cyc. 390; State ex rel. v. Poraker, 46…
1Dissent
Christianson, Ch. J.
(dissenting). What number of votes is necessary to ratify a constitutional amendment proposed by initiative petition? That is the question which it is sought to have determined in this proceeding.
The methods of amending the Constitution are prescribed by § 202 of the state Constitution. The entire section reads as follows:
“Eirst: Any amendment or amendments to this Constitution may be proposed in either house of the legislative assembly; and if the same shall be agreed to by a majority of the members elected to each of the two houses, such proposed amendment shall be…
2Cases cited10 opinions
- Gibbons v. OgdenSupreme Court of the United States · 1824
- State ex rel. McCue v. BlaisdellNorth Dakota Supreme Court · 1909
- State ex rel. Little v. LanglieNorth Dakota Supreme Court · 1896
- State ex rel. Linde v. HallNorth Dakota Supreme Court · 1916
- The People v. . the New York Central Railroad CompanyNew York Court of Appeals · 1862
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