What is most significant in our case is the trial court's negative finding that Contestant failed to meet his burden of proof. In the present case, we clearly have a negative finding made by the trial court which controls the result we reach. In Lambeth and more recently in Cure, we discussed and explained the rules that apply to all election cases. In Lambeth , we examined the validity of an absentee ballot where another person had signed for a disabled voter but had not submitted an affidavit as required by statute. We noted that a court's authority in an election contest is limited by statute.
All election law is created either by the constitution or by statute.
237 Kan. at 618. Public policy requires courts to uphold the validity and declared results of elections which have been properly and fairly conducted or which do not clearly appear to have been illegal. The courts should go to extreme lengths to preserve the validity of all elections, and be slow and reluctant to override the clear intent and purpose of the electorate. An election should not be declared a nullity if on any reasonable basis such a result can be avoided. An election cannot be declared void unless such relief is authorized by law since there is no inherent power in the courts to pass on the validity of elections.