Kennedy v. Board of State Canvassers

This case is an original proceeding for mandamus. At the November, 1982, election, three persons, including plaintiff and intervening defendant, were candidates for two posi tions as judge of the 37th Judicial District. On November 22, 1982, defendant Board of State Canvassers announced that plaintiff had finished second with 24,885 votes and that intervening defendant had finished third with 24,868 votes. Intervening defendant therefore lost a position as judge by 17 votes.

Intervening defendant petitioned defendant board for a recount in 145 precincts. The petition contained the following…