Otjen v. Kerr

Our election contest laws contemplate a practical and adequate plan of procedure to test the verity of the returns of any county, district, or state election. As to county offices the provisions are plain, simple, and direct. As to district and state offices the plan appears somewhat more complicated, but when considered carefully, keeping in mind the evident intention of the Legislature to provide a contest and recount therein when a proper case is presented, the conclusion is inescapable that the people, speaking through legislative enactment, intended to provide for a recount in district…