State Ex Rel. Donnell v. Osborn

This is an original proceeding in mandamus against the Speaker of the House to compel him to open and publish the election returns for the office of Governor and to declare elected the person who received the highest number of votes.

The relator is the Republican candidate who, on the basis of the complete returns, was elected Governor at the General Election on November 5, 1940, by a plurality of 3613 votes.

The duty of the Speaker with reference to the returns for the chief of State offices, including Governor, is prescribed by our Constitution under the article relating to the Executive…