State ex rel. Underwood v. Silverstein

Miller, Justice:

On February 17, 1981, the relator, Leonard I. Underwood, filed an original Petition in Mandamus in this Court requesting that the respondents, the County Commissioners of Kanawha County and the West Virginia Secretary of State, be compelled to conduct a recount of the ballots cast in the House of Delegates election held on November 4, 1980. We issued a rule to show cause returnable on May 12, 1981.

Prior to the full hearing, we granted leave for John M. Wells to intervene since he was the candidate who had been certified as having obtained the thirteenth highest vote in the…