134 Ga. 316 | Ga. | 1910
On March 2, 1909, an election was held in Powder Springs school district of Cobb county, under and by virtue of the provisions of the 4th section of the act approved August 21, 1906 (Acts 1906, p. 61), to determine whether a local tax for the support of the public schools of that district should be levied. The election managers made their return to the ordinary, who passed the following order: “Georgia, Cobb County. It appearing from the within duly certified returns of an election held in the Powder Springs school district, held on March 2,1909, in which the question of local taxation for public schools was submitted to the voters of said district, and it appearing from said returns that the following was the vote cast: 'For local taxation for public schools, 54/ 'against local taxation for public schools 20/ it further appearing that said vote cast is more than two-thirds majority of the votes cast, it is therefore declared by me, by virtue of the power conferred by the statute, that 'for local taxation for public schools’ has carried with all its rights and privileges.” On September 7, 1909, H. A. DuPre and 16 others, alleging themselves to be citizens, taxpayers, and legally qualified voters of- Powder Springs school district of Cobb county, in behalf of themselves and such others as occupy a similar position, filed their petition against the election managers, the trustees of the board of education of the
If the legislature prescribes a specific form of ballot and declares that no ballots except those in the prescribed form shall be counted, such enactment would be mandatory in character, and no ballot nullified bj' the legislature could be counted. Where, however, the General Assembly provides a referendum vote as a condition precedent to the levy of a local tax, and simply prescribes a form of ballot to be voted therein, the ballot will not be rejected because of a slight departure from the phraseology of the form, if it be clear from the ballot that the voter’s intention with respect to the question submitted is clearly indicated. Eunning all through the act of 1906 is the legislative purpose to consult the wishes of the voters to be affected by the tax, and to authorize a levy of the tax only when two thirds of those voting shall be favorable to the same. The designation of the form of the ballot was to facilitate the legislative design, and to prevent possible complications arising out of the variety of'modes of expression of the voters upon the subject. The ballot formulated is to be construed like any other writing, according to its plain meaning. A construction of the ballot which would deprive the voter of his vote will not be adopted where his ballot is equally susceptible of another construction which would give effect’ to his vote. . The voter should not be disfranchised because of a slight departure from the phraseology of the legislative form, where the ballot expressed clearly his intent with respect to his position upon the question submitted at the election. The courts have uniformly applied these principles in appropriate cases. In North Carolina an act of the General Assembly upon the question of the issue of bonds in aid of a railroad required that those in favor thereof should vote “Subscription” and those opposed “No sub
We are inclined to think that all of these votes should have been counted by the managers; aúd if they had been counted, the
Judgment reversed.