Canvass

The act of examining the returns of votes for a public officer. This duty is usually intrusted to certain officers of a state, district, or county, who constitute a board of canvassers. The determination of the board of canvassers of the persons elected to an office is prima facie evidence only of their election. A party may go behind the canvass to the ballots, to show the number of votes cast for him. The duties of the canvassers are wholly ministerial; People v. Ferguson, 8 Uow. (N. Y.) 102; People v. Vail, 20 Wend. (N. Y.) 14; People v. Van Cleve, 1 Mich. 362, 53 Am. Dec. 69; People v. Kilduff, 15 111.

492, 60 Am. Dec. 769.

A canvassing board has no power to go behind the returns and inquire into the legality of the votes; Mc Quade v. Furgason, 91 Mich. 438, 51 N. W. 1073; State v. Van Camp, 36 Neb. 9, 91, 54 N. W. 113. In making a recount they have no authority to throw out the vote of a precinct or ward on the ground of fraud, as their power is merely ministerial; May v. Board of Canvassers, 94 Mich. 505, 54 N. W. 377.

See In re Woods, 5 Misc. 575, 26 N. Y. Supp. 169; Election.