Dávila v. General Supervisor of Elections

82 P.R. 257
Supreme Court of Puerto Rico·Decided August 1, 1960·No. No. 519·Published

Opinions

Mr. Justice Serrano Geyls

delivered the opinion of the Court. *

On July 20, 1960 the petitioners, acting as organizers and president and provisional secretary of the Christian Action Party, filed a petition for mandamus before this Court, at that time on vacation, invoking our original jurisdiction “due to the urgent nature and great public interest” of the matter. We were asked to issue a writ of mandamus against Ernesto Mieres Calimano, General Supervisor of Elections, ordering him to allow petitioners “to inspect and take out copies of the provisional poll lists of 19561 upon payment of the corresponding legal fees.”

On the following day, Mr. Chief Justice Negrón Fernán-dez, acting as judge on vacation, issued an order directing the respondent that, “If you have cause for not consenting to plaintiff’s request you should present your answer to the petition on or before July 28, 1960, at 10:00 a. m. and the parties are hereby summoned to appear at the corresponding hearing to be held at 2:00 p. m. of that day.”

The respondent submitted his answer within the term granted to him. He accepted some of the facts recited in the petition and denied others, he set up two legal defenses and requested that the remedy sought by the petitioners be denied.

On July 28 a hearing was held before the full Court, upon being called for this purpose by the Chief Justice. At the hearing, we received documentary and oral evidence2 [261] offered by the parties. They expressly waived their right to submit briefs.

On August 1, after a careful study and thorough discussion of the matter, we rendered the following judgment:

“On the basis of the evidence received and for the reasons that will be timely expressed in an opinion, the Court finds that:
“First: Since the month of November 1959, two copies of the provisional lists of registration of voters for the year 1960 were sent by the General Supervisor of Elections to all the Chairmen of the Local boards of elections. At least one copy of said lists is intended for public use, which necessarily entails the right of any interested person to take out copies of any of them in the offices of said local boards, at reasonable hours, subject to the adoption of adequate measures by the custodian of said lists in order to safeguard them and keep them available to the public. There is nothing in the evidence to the effect that during the first days of the month of June, 1960, date on which the petitioners for the first time requested the Supervisor to issue certified copies of said lists, the same were not available —with the exception of those corresponding to the precincts of Aguadilla, Arecibo, Río Piedras II, San Juan, and Yabucoa— to be inspected and copied by the petitioners, and there is nothing in the evidence indicating that they are not available at present. Consequently, except as regards the precincts already mentioned, the petitioners have at their disposal, and have had since they started the process of registration of their party, and on various occasions have made use of, a simple, speedy and effective means of obtaining copies of the lists in question without the necessity of making use of those which are under the custody of the Supervisor and which the latter frequently uses in the discharge of his official duties.
“Second: The petitioners have a right to be permitted to inspect and copy the provisional lists of registration of voters in 1960 for the electoral precincts of San Juan, Río Piedras II, Arecibo, Aguadilla and Yabucoa. Nevertheless, the petitioners have the obligation to submit themselves to the reasonable vigilance of the General Supervisor of Elections or of his agents or employees in order to guarantee the safety of said documents and to any other reasonable measures which are imposed on [262] them for the purpose of: (1) avoiding obstacles and difficulties which prevent the Supervisor and the State Board of Elections from complying with the duties imposed on them; and (2) determining the appropriate method, place and hours to inspect and copy the aforesaid documents with reasonable promptness.
“Therefore, the General Supervisor of Elections is hereby ordered to allow the petitioners to inspect and copy the provisional lists of registration of 1960 for the afore-mentioned precincts, subject to the conditions and requisites which are established in the Second Paragraph of this judgment.
“It was so decreed and ordered by the Court as witnesses the signature of the Chief Justice, who dissented for the reasons which he shall also state in due time.”

Now we shall explain the grounds on which our judgment is based. First, however, we must make a detailed statement of the pertinent facts which, based on the admissions of the parties and the evidence offered, we consider as proved.

About the 7th and 9th of June, 1960, Mario Dávila and Eduardo Flores, in their capacity as temporary president and secretary of a political group known as the Christian Action Party, had a meeting with Ernesto Mieres Calimano, General Supervisor of Elections of Puerto Rico and asked him for certified copies of the provisional poll lists of 1960, corresponding to nine election precincts. They wished to register the afore-mentioned party so that it could participate in the general elections of 1960 and they needed the aforementioned lists in order to have the exact names of the voters who had voted in the past elections, their personal circum-stánces and the exact place where they had voted. Those facts are indispensable in order to fill out promptly and. accurately the registration ballots.

Mieres informed Dávila and Flores that all the precincts had copies of those lists destined for the public use but that there would be no objection in furnishing to them those in which they were interested. The petitioners paid the fees required by law and a few days later the copies were deliv[263] ered to them. From that date and until the latter part- of June, the petitioners continued to request copies of the lists; of other precincts up to an amount which, according to Flores,' reached a total of 74 and, according to Mieres, 61. The legal fees were paid although those corresponding to 6 precincts were thereafter withdrawn. . Until July 28, date of the hearing before this Court, the petitioners had received from the office of the Supervisor, 39 of the requested lists, there remaining to be delivered, according to Flores, 29 lists. The Supervisor had already informed the petitioners that due to the great amount of work in his office, it would be impossible to deliver all the lists before the term fixed; by law — August 28 — for submitting to the State Department the sworn petitions of registration.

Free access — add to your briefcase to read the full text and ask questions with AI

Dávila v. General Supervisor of Elections, 82 P.R. 257 (prsupreme 1960).

82 P.R. 257 (Dávila v. General Supervisor of Elections) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

Whitfield v. Grimes
294 N.W. 346 (Supreme Court of Iowa, 1940)
State Ex Rel. Noe v. Knop
190 So. 135 (Louisiana Court of Appeal, 1939)
Smith v. Curtis
223 S.W.2d 712 (Court of Appeals of Texas, 1949)
O'Connell v. City of Cambridge
154 N.E. 760 (Massachusetts Supreme Judicial Court, 1927)
Cordero v. Prensa Insular De Puerto Rico, Inc.
169 F.2d 229 (First Circuit, 1948)
Marsh v. Sanders
34 So. 752 (Supreme Court of Louisiana, 1903)
Rich v. Board of State Canvassers
59 N.W. 181 (Michigan Supreme Court, 1894)
State ex rel. Higgins v. Lockwood
64 A. 184 (Supreme Court of New Jersey, 1906)