Opinion
No. 34788.
August 4, 1950.
(Syllabus.)
1. ELECTIONS — Statutory provisions and conditions for recount of votes cast in all primary elections for nomination to county, district and state offices. 26 O.S. 1041 § 391[ 26-391] provides a recount of votes cast in all primary elections for nomination to county, district and state offices upon the condition that a candidate failing to receive the highest number of votes cast file with the Secretary of the Election Board whose duty it is to canvass the returns in the race wherein the recount is sought, within the time prescribed, his or her challenge of the correctness of the announced results of said primary election in the form of an application requesting a recount of the ballots as to designated precincts within the boundaries of the county, district or state, as the case may be, and depositing $250 in cash for each county or portion thereof.
2. SAME — Mandatory duty of Election Board to order recount where conditions for recount met. When the foregoing conditions are met it becomes the mandatory duty of said Election Board to order the recount and proceed with same as provided by section 391, supra.
3. STATUTES — Subjects and titles — Unnecessary that title specifically mention every detail in body of act. Section 57, Art. V of the Oklahoma State Constitution, is not to be construed in such a manner as to hamper or unreasonably restrict the Legislature in the performance of its duty. The title limits the scope of an act but it is not essential that every detail in the body of the act be specifically mentioned therein.
4. ELECTIONS — Held, application for recount meets requirements and conditions imposed by law and entitles applicant to recount. Record examined and held: that the application filed meets the requirements and conditions imposed by law and entitles applicant to a recount as requested.
Application for writ of mandamus by Huckleberry Shell against the County Election Board of Sequoyah County et al. Writ granted.
W.S. Agent, of Sallisaw, and Kelly Brown, of Muskogee, for plaintiff.
Mac Q. Williamson, Atty. Gen., for defendants.
Petitioner, Huckleberry Shell, was a candidate for the office of sheriff of Sequoyah county in the run-off primary held July 25, 1950. According to the official returns and announced results of said election by the Sequoyah county election board, he received fewer votes than did his opponent.
Within the time prescribed by law he filed an application for a recount of the votes cast in said election for said office, therein stating that: "he is not satisfied with the results of the count of each and all of the precincts in Sequoyah county, Oklahoma, together with the absentee ballot boxes and that he desires that each and all of the ballots used in said election held on the 25th day of July, 1950, be recounted by said Sequoyah county election board in and before the district judge of this judicial district," and deposited $250 in cash to defray the expenses of said recount.
The members of the board convened with the district judge in the district courtroom and after consideration of the application, on motion to dismiss, the application was dismissed and the recount refused. Thereupon this petition for writ of mandamus requiring the defendants to grant a recount of the ballots cast at said election was filed in this court.
Said petition under the rules of law this day announced in William O. Coe v. State Election Board et al., 203 Okla. 356, 221 P.2d 774, and for the reasons therein stated, was and is sufficient to entitle said petitioner to a recount as prayed for.
Writ granted.
DAVISON, C.J., and WELCH, CORN, LUTTRELL, HALLEY, JOHNSON, and O'NEAL, JJ., concur.