The advocate and Topeka tribune., 1892-12-07
ATTORNEY GENERAL IVES PROTEST..

resentatives for the Thirty second repre-
sentative district, in the county Of Coffey,
desire to file the following protest:
It appearing from the face of the
returns that 7. G. Bsllinger and o. M.
Rice each received an equal number Of
votes for the Office Of representative Of
the Thirty.seoond representative district,
in the county Of Coffey, at the election
held November s, 1892, and higher
number ofvotes than any other candi-
date voted for at that election, am of
the opinion that there was no choice, and
that the result creates vacancy to be
filed by an election by the people Of said
district. The constitution Of the state
Of Kansas, section l Of article 4, pro-
vides that all elections by the people
shall be by ballot. And section / Of
article l of the constitution provides that
the executive department shall consist
or Q governor, lieutenant governor, score
tary of state, auditor, treasurer, attorney
general and superintendent of public in
struction, who shall be chosen by the
electors Of the state at the time and
place Of voting for members Of the legis-
lsture, clearly indicating that members
Of the legislature are to be selected by q
vote Of the people.
Section 2 Of article / OF the constitution
of tho state provides that after each
election for state officers, a canvass Of
the votes shall be made and the result
proclaimed, and in case any two or more
have an equal and highest number Of
votes for any state Office the legislature
shall by joint ballot choose one OF said
persons so having an equal and highest
number Of votes for said Office.
Section 9of article 2 Of the constitution
provides that all vacancies occurring in
either house shall be- filed for the un-
expired term by election. The legis-
lature, in carrying out the provisions Of
the constitution Gn paragraph 26S8),
provided in all electians for the choice Of
any officer, unless otherwise expressly
stipulated. The person having the high
est number Of votes for any Office shall
be deemed to have been elected to that
Office. 1t also provides in paragraph
1886 that the state board Of canvassers
shall meet at the Office Of the secretary
Of state on Monday preceding the last
Wednesday in November next after the
election, and shall upon the certified alb
stracts on file in the Office OF secretary Of
state proceed to examine and make q
statement OF the whole number Of votes
cast for various offices, y and
shall determine what persons have been
by thAgreatest number of votes duly
elected to such Offices or either Of them.
The legislature has further provided by
paragraph 1897 Of the statutes that If
any two or more persons have an equal
number Of votes for any state Office, ex-
cept governor and lieutenant governor,
or for said members of the senate and
house Of representatives, and a higher
number than any other person, the state
csnvassers shall proceed 10 determine by
lot, in the presence Of the candidates,
which of the two candidates shall be
elected, giving reasonable notices to can
didates, etc. This last section was
enacted in 1868, and is an amendment to
the law of 1862, which did not contain
the exception Of governor and lieutenant
governor. The section, In nv opinion, il