STATE, EX REL. W. BLOCKER WHIDDEN,
v.
F. G. JANES, JR., COUNTY JUDGE, ET AL.
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The Florida Supreme Court affirmed a lower court's decision to dismiss a writ of mandamus. The writ had sought to compel election officials to recount ballots and have county officials supervise this recount, a duty not imposed by law.
No, a writ of mandamus cannot compel public officers to perform a function that is not their legal duty. Therefore, the alternative writ was too broad.
“This was a command to these officers to perform a function which was not their duty under the law to perform and, therefore, one which they could not be compelled to perform by writ of mandamus.”
Explains why the writ of mandamus was improperly issued.
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Join FLexlaw to unlock all legal intelligenceA writ of mandamus was issued, commanding election precinct officers to recount ballots for sheriff in a primary election. It also commanded the Count…
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— The.writ of error is from judgment on demurrer dismissing alternative writ of mandamus. The alternative writ of mandamus commanded certain election precinct officers, that is, inspectors and clerks of election precincts, to recount the ballots cast for certain candidates for sheriff in the primary election of June 2, 1936.
*840And, the writ further ’commanded F. G. Janes, Jr., as County Judge of the County of Hardee, and Ruth L. Wallace as Supervisor of Registration of said county, and W. C. King as chairman of the Board of County Commissioners, constituting the Canvassing Board of Hardee County to “supervise said several sets of inspectors and clerks while making such recount and recanvass.” -This was a command to these officers to perform a function which was not their duty under the law to perform and, therefore, one which they could not be compelled to perform by writ of mandamus. So. the alternative writ was too broad and there was no authority for-the issuance of a peremptory, writ following the alternative writ in this regard. This point was specifically raised by the demurrer.
The order sustaining demurrer was without error.
Judgment on demurrer was without error.
The judgment is affirmed.
Whitfield, C. J., and Terrell, Brown, Buford and Davis, J. J., concur.