Devine v. Wonderlich (1980)
288 N.W.2d 902
288 N.W.2d 902
(Cite as: 288 N.W.2d 902)
for the salary received by Wonderlich. Our holding
is therefore limited to the election contest context.
We also note, as earlier mentioned, that the legislature has provided a partial solution to salary disputes which may arise from election contests by enacting section 62.20, and that ultimate resolution of
the issue before us, as well as consideration of possible governmental liability, would be an appropriate subject for legislative action.
In Brown v. Tama County, 122 Iowa 745, 754, 98
N.W. 562, 566 (1904), a case involving alleged
governmental liability to a de jure officeholder following an election contest, we stated that any hardship which devolves upon the de facto officeholder
can be traced to the fault of the de facto officeholder "who, without sufficient grounds, has disputed
his right and taken emoluments which rightfully he
(the de jure officeholder) should have received."
We further noted that an election contest is basically private in nature, involving only the contestants
as active parties. Id. It is largely this rationale, and
the resulting apportionment of liability as applied to
election contests, which we are asked to reconsider.
We find the factual situation presented by the election contest in this case to require a reversal of our
earlier position as stated in Harding and the aforementioned cases. It is clear that the public good is
best served when the office is occupied and the duties discharged. Brown, 104 Iowa at 754-55, 98
N.W. at 566. In the event of a close election where
the outcome hinges upon the validity of a number
of disputed votes, the candidate who initially takes
office pursuant to the results of an election contest
would necessarily be forced to assume the risk that
he or she may be forced to surrender any salary received to his or her opponent in the election. He or
she could thus in good faith discharge the duties of
office in the public service and yet receive no compensation. Such a possibility, we believe, operates
more as a deterrent to filling the office pending an
election contest since the issue of potential personal
liability to the eventual de jure officeholder remains
open. See Stuhr v. Curran, 44 N.J.L. 181, 190
Page 3
(1882). Removing the onus from the de facto officer would ensure maintenance of the public service and, as we will yet discuss, result in a more
equitable distribution of risk.
In Brown, as noted above, we stated that any fault
which may be found rests on the de facto officer as
he or she chose to assume office or contest the election on insufficient grounds. We no longer find this
reasoning persuasive. If any error is found in election contest litigation, it is usually attributable to
the contest court or the district court whose decisions determine the occupant of the office.[FN1]
As was stated in the leading case of *905Stuhr v.
Curran, 44 N.J.L. at 189 -90, and acknowledged by
those courts applying the minority position to election contests, e. g., LaBelle v. Hazard, 91 R.I. 42,
160 A.2d 723, 725 (1960); State ex rel. Byrd v.
Scott County, 181 Tenn. 665, 671, 184 S.W.2d 20,
23 (1941); State ex rel. Godby v. Hager, 154 W.Va.
606, 609, 177 S.E.2d 556, 558 (1970), fault does
not lie with the de facto officer:
FN1. We in no way mean to imply that the
members of the contest court or the district
court, discharging their statutory duties in
good faith, may be liable to the de jure officeholder. See, e. g., Blanton v. Barrick,
258 N.W.2d 306, 308-09 (Iowa 1977).
It would, however, be far more just and accordant
with legal principles that the public treasury
should respond to the plaintiff here, than that the
loss should fall upon the defendant, for it was
through the mistake of the officers of the law,
and not by the defendant's fault, that the plaintiff
has been subjected to the deprivation of his office. If fraud was imputable to the defendant, the
case would present a different aspect, but there is
no pretence of bad faith on his part upon which to
found a recovery. The unquestioned rule that mistake of the law excuses no one, and that the appropriation of another's property under the honest
belief by the wrong-doer that it is his own, furnishes no defence, has not the slightest application here. The distinction is too obvious to escape
211
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents