Todd v. Helton

I respectfully dissent. In my opinion, the majority result disregards the settled rule that the officer who calls a special election and sets in motion the election process may not later revoke his order and defeat the election and the right of the people to vote. A more serious error, in my opinion, is that the court has empowered those who contest an election process to thwart the canvass of the votes. If it be the purpose of this court to overrule our prior decisions, I would do so in an appropriate quo warranto action after the votes have been' regularly canvassed and the results declared.