Relators filed petition for writ of prohibition to prevent county board of elections and its members from holding special recall election to remove a member from city council, and a petition for writ of mandamus ordering the board to remove the recall election from the ballot.
The Supreme Court held that:
- Board did not exercise the quasi-judicial power needed for writ of prohibition, and
- As a matter of first impression, term “majority vote,” when applied to city council action taken by motion, means at least a majority vote of council members present at the meeting; and
- Relators were entitled to writ of mandamus ordering the board to remove issue of city member’s recall from special election ballot.