State ex rel. Byerley v. State Board of Canvassers
North Dakota Supreme Court
Application for and original writ of certiorari. “A majority of all the legal votes cast means a majority of all votes whether they voted for the amendments or not.” Const, subd. 2, § 202; State v. Babcock (Neb.) 22 N. W. 372; State v. Anderson, 42 N. W. 421; Tecumseh Nat. Bank v. Saunders (Neb.) 71 N. W. 779. It does not mean a majority of those voting on the question to be submitted, but a majority of all the legal voters of the county. People •ex rel.
Read the full summary
Application for and original writ of certiorari. “A majority of all the legal votes cast means a majority of all votes whether they voted for the amendments or not.” Const, subd. 2, § 202; State v. Babcock (Neb.) 22 N. W. 372; State v. Anderson, 42 N. W. 421; Tecumseh Nat. Bank v. Saunders (Neb.) 71 N. W. 779. It does not mean a majority of those voting on the question to be submitted, but a majority of all the legal voters of the county. People •ex rel. Davenport v. Brown, 11 111. 479; People v. Wiant, 48 111. 263; Chestnutwood v. Hood, 68 111. 132; 15 Cyc. 390; State ex rel. v. Poraker, 46…
1Opinion of the Court
Bikdzell, J.:
Subdivision 2 of § 202 of the Constitution of North Dakota provides for amending the - Constitution by the process known as the initiative. At the last general election certain amendments, for which petitions had been previously circulated, were referred to the electors of the state in accordance with the provisions of this section. At the election some of the amendments, though receiving a clear majority of all the votes cast for and against them, did not receive the affirmative votes of a majority of all the electors participating at the general election. The Board of…
Also in this document: Concurrence.
2Cases cited66 opinions
- Mississippi v. JohnsonSupreme Court of the United States · 1867
- State ex rel. Bolens v. FrearWisconsin Supreme Court · 1912
- People ex rel. Sutherland v. GovernorMichigan Supreme Court · 1874
- State ex rel. Linde v. TaylorNorth Dakota Supreme Court · 1916
- Threadgill v. Cross, Secretary of StateSupreme Court of Oklahoma · 1910
61 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Dawson v. TobinNorth Dakota Supreme Court · 1946
- State ex rel. Lofthus v. LangerNorth Dakota Supreme Court · 1920
- McCarney v. MeierNorth Dakota Supreme Court · 1979
- Morgan v. City of Los AngelesCalifornia Supreme Court · 1920
- Larkin v. GronnaNorth Dakota Supreme Court · 1939
15 more not listed; retrieve them via the Exa API.