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IN RE SPECIAL ELECTION IN SCHOOL DISTRICT NO. 68, FARIBAULT COUNTY. W. T. BOYES AND ANOTHER, APPELLANTS

Minnesota Supreme Court1931-06-19No. No. 28,523
183 Minn. 542

Summary

Holding. The court affirmed the special election, holding that a misstatement of the bond interest rate in one published notice, while the correct rate appeared in all other required notices and on the ballot, constituted only an irregularity insufficient to void the election where there was substantial compliance with statutory requirements and no showing of prejudice.

A school district held a special election in November 1930 to authorize $120,000 in bonds for schoolhouse construction. The measure passed with 421 votes in favor and 381 against. Two voters challenged the election, claiming a defect in the notice of election. The only irregularity identified was that the first published notice stated the bond interest rate as four and one-half percent, while the second published notice, three posted notices, and the ballot itself correctly stated the rate as four and one-fourth percent.

The court affirmed the election result, holding that this discrepancy in a single publication constituted a mere irregularity rather than a fatal defect. The court emphasized that while election laws must be observed in their essential respects, not every irregularity invalidates an election. Since all required information appeared correctly in the second publication and posted notices, and the election result appeared to represent a fair expression of voter will, the irregularity did not warrant disturbing the outcome.

Summary generated by law.co from the public-domain opinion. The opinion text itself is public domain.

Key issues

  • Whether an irregularity in election notice invalidates an election
  • Meaning of 'substantial compliance' with mandatory election law requirements
  • Whether a single erroneous interest rate in one published notice voids a bond election
  • Standard for determining when election defects warrant invalidation

Procedural posture

Voters contested the special election pursuant to statute, the trial court entered findings and conclusions favoring the school district, and the contestants appealed.

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion

majority opinion

Djbell, J.

On November 20, 1930, a special election was held in school district No. 68, Faribault county, on the question of issuing $120,000 in bonds to the state to be used in the erection of a schoolhouse. The result was in favor of the bond issue on a vote of 421 for and 381 against. W. T. Boyes and John. L. Brown contest the election in accordance with the provisions of G. S. 1923 (1 Mason, 1927) § 488. The court made findings and conclusions of law in favor of the school district. The contestants appeal from the judgment entered for the school district pursuant to the findings and conclusions.

The school district by a majority vote passed a so-called resolution of expediency for which provision is made by G. S. 1923 (1 Mason, 1927) § 1962, stating that in its opinion it was expedient to issue to the state $120,000 in bonds, bearing interest at the rate of four and one-fourth per cent, for the building and equipment of a schoolhouse. This section requires a notice of special election upon the proposition of issuing the bonds, stating among other things the interest rate, the notice to be posted in three public places and published twice. The first published notice stated that the rate was four and one-half per cent. The second published notice and the three posted notices stated the rate to be four and one-fourth per cent. So did the bond ballot. The defect stated is the only one. There was no fraud. There was an irregularity. The things other than the correct rate of interest in the first publication and all things required, including the correct rate, were in the second publication and the three posted notices.

The requirements of the statute are mandatory. There must be a substantial compliance. Not every irregularity or fault avoids an election. We do not minimize the importance of insisting that an election law be observed in its essentials. We do not overemphasize the claim of the school district that the mistaken naming, in one published notice, of the rate as four and one-half instead of four and one-fourth, if observed by the voters, would have a tendency to defeat rather than carry the proposition submitted; and that since it was carried the appellants do not show prejudice. It was no more in any event than an irregularity. The result seems a fair expression of the Avill of the voters and should not be disturbed lightly. Lodgord v. East Grand Forks, 105 Minn. 180, 117 N. W. 341 (official designated as city recorder instead of city clerk); Sorenson v. School Dist. No. 28, 122 Minn. 59, 141 N. W. 1105 (date of maturity of bonds); Backus v. City of Virginia, 123 Minn. 48, 142 N. W. 1042 (resolution not approved at first publication). The irregularities in these three cases are different but apparently as important.

The contestants cite Hamilton v. Village of Detroit, 85 Minn. 83, 88 N. W. 419. In that case the petition was signed by an insufficient number of voters and freeholders. There Avas no foundation for instituting the election proceeding—in a loose sense no jurisdiction. The contestants rely upon State ex rel. Stanford v. School Dist. No. 1, 15 Mont. 133, 38 P. 462, and it is of force. But there the notice wholly omitted to state the rate of interest, the time Avhen payable, and the time when redeemable, all of which Avere required by the statute. The final question here Avas whether $120,000 in bonds should be issued to the state. The misstatement of the interest as four and one-half instead, of four and one-fourth in one published notice should not be held to avoid the election.

Judgment affirmed.