State Ex Rel. Donnell v. Searcy

This is an original proceeding in prohibition to prevent a committee of the Joint Assembly of the House and Senate from taking any action with respect to an “investigation” of the election of the Governor. The action sought to be prohibited includes the opening of the ballot boxes and recount of the ballots.

The relator is the Republican candidate who, on the basis of the complete and valid election returns, was elected Governor at the General Election on November 5, 1940,’ by an admitted plurality of 3613 votes. The duty to open and publish the returns for Governor ♦and to declare elected the…