54 So. 943 | La. | 1911
Any number of irregularities in point of form are urged against the present proceeding, several of which appear to us to be fatal; but as it is manifest that relator has no ease on the merits, and as by disposing of the matter on the merits we can dispense with an elaborate statement of the case, which would otherwise be necessary, we will dispose of the merits.
We take from the brief filed in behalf of the board of election commissioners, the following citation of authorities:
“A ballot will not be counted for candidate, though above the column to which his name belongs is a cross, where the cross touches neither circle nor square. [Patterson v. People ex rel. Allen] 65 Ill. App. 651.
“Under the law requiring an X mark to be placed in the square opposite the name of the candidate voted for, such a mark, placed one space too far to the right, between the line dividing the candidates of the political parties, is insufficient. In re East Coventry Election (Quart. Sess.) 3 Pa. Dist. R. 377.
“Under a law requiring an X mark to be made in a certain circle, such a mark made outside the circle is insufficient. Id.
“A cross at the right of a candidate’s name is of no effect whatever, since the statute requires it to be made at the left. Vallier v. Brakke, 7 S. D. 343, 64 N. W. 180.
“A cross at the head of a party ticket, but not within the circle, is a nullity. Id.; also McKittrick v. Pardee, 8 S. D. 39, 65 N. W. 23.
“A cross to the right of a candidate’s name is a nullity. McKittrick v. Pardee, 8 S, D. 39, 65 N. W. 23.
“While the intent of the voter is material m determining the validity and effect of ballots, yet such intent, in order to be effectuated, must bo expressed conformably to the imperative requirements of the law. In re Wilcox, 27 R. I. 117, 60 Atl. 838. Under the statute, which provides but one way in which the voter may indicate his choice of candidates, and which authorizes the counting of ballots for those persons only ‘before whose names a cross mark shall have been made’ (Code, §§ 1622, 1638), where the cross mark is made on the right-hand side of the ticket and after the name of a candidate, such ballot should be rejected, and not counted for the person opposite whose name the mark was made. Black v. Pate, 130 Ala. 514, 30 South. 434.
“Rev. Codes, § 491, as amended, etc., * * * which provides the method by which the elector may indicate his choice of candidates, in so far as it relates to marking within the square, is mandatory; and marks outside the squares are not to be counted or considered for the purpose of gathering the intention of the voter. [Howser v. Pepper] 8 N. D. 484 [79 N. W. 1018].”
The present application is dismissed, at the cost of the relator.