State ex rel. Mize v. McElroy
Supreme Court of Louisiana
APPEAL from the Tenth Judicial District Court, Parish of De Soto* Hall, J. 1. All the names of persons voted for shall be printed on one ticket of white paper of uniform size and quality. Sec. 4, Act 101 of 1882. 2. Although the right of franchise is a sacred one, yet it is a right derived only from the Constitution and laws.
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APPEAL from the Tenth Judicial District Court, Parish of De Soto* Hall, J. 1. All the names of persons voted for shall be printed on one ticket of white paper of uniform size and quality. Sec. 4, Act 101 of 1882. 2. Although the right of franchise is a sacred one, yet it is a right derived only from the Constitution and laws. The State has the legislative power to prescribe the mode of its exercise; and when a specific mode is so prescribed, the-right must be exercised pursuant to that mode, and not otherwise. Written ballots are without legal effect and should not be counted. See notes to p.…
1Opinion of the Court
The opinion of the court was delivered by
Breaux, J.
The relator sued out a mandamus against the re - - turniig officer of the parish of DeSoto to compel him to exclude sixty-seven votes cast for his opponent from his return to be made to the Secretary of State of the result of the election held on April 19, 1892, also from his count and compilation, and he prays that the said votes be decreed illegal and void.
The facts admitted are: that the relator, Mize, was a candidate for the office of justice of the peace of Ward 8 of DeSoto parish, at the said election.
That Ms name was printed, as a…
2Cited by13 opinions
- Jackson v. NorrisCourt of Appeals of Maryland · 1937
- Rodgers v. MeredithSupreme Court of Alabama · 1962
- Thornhill v. WearSupreme Court of Louisiana · 1912
- Prudhomme v. SavantSupreme Court of Louisiana · 1922
- State ex rel. Read v. CristNew Mexico Supreme Court · 1919
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