State Ex rel.Swaringen v. Poplin

The question for decision is : Does the complaint state facts sufficient to constitute a cause of action? We think so.

The defendant contends that under the law it is the duty of the county board of elections to judicially determine the result of the election from the report and tabulation made by the precinct officials. That the unsuccessful candidate must pursue his statutory remedy, citing N. C. Code, sections 5923, 5927, 5933, and especially C. S., 5923 (15), which reads as follows: “It shall be the duty of the State Board of Elections: (15) ‘To have the general supervision over the…