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AGO Opinions with Topic: APPORTIONMENT NOT FOLLOWED
AGO 1950 No. 385 >  November 21, 1950
ELECTIONS - DUTIES OF COUNTY CANVASSING BOARD TO CANVASS AND OF COUNTY AUDITOR TO ISSUE ELECTION CERTIFICATE BASED UPON RETURNS IN LEGISLATIVE ELECTION WHERE THROUGH HONEST MISTAKE - APPORTIONMENT NOT FOLLOWED
ELECTIONS -- DUTIES OF COUNTY CANVASSING BOARD TO CANVASS AND OF COUNTY AUDITOR TO ISSUE ELECTION CERTIFICATE BASED UPON RETURNS IN LEGISLATIVE ELECTION WHERE THROUGH HONEST MISTAKE...

Canvass of election and issuance of certificate of election are ministerial duties; thus, where territory was annexed to city of Bellingham but legislative districts were not accordingly re‑apportioned [[reapportioned]]and county auditor through honest mistake issued ballots as though re‑apportionment [[reapportionment]]had taken place, and such ballots were voted in good faith, canvass should be performed and certificate of election issued.Proper forum of trying validity of such election, or contest thereof is in the legislative house whose membership would be affected.

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