180 A.D. 853 | N.Y. App. Div. | 1917
On examination of the ballots in dispute, we reach these conclusions: We think ballot No. 5, “ O’Brien the Taxi
The vote for relator, as corrected, is thus computed:
O’Brien’s total vote, by order of Special Term.......... 50
Invalid ballots 5, 10, 11, 12 and 13................ 5
Invalid ballots 9 and 14-38, inclusive.............. 26
- 31
Leaving as relator’s corrected vote................. 19
Accordingly, Frank E. Clarke, having forty-six votes out of the sixty-five valid votes cast, received a majority vote for member of the Republican county committee of Westchester county. The custodians of primary records of Westchester county, being the commissioners of election in said county, should so certify.
The order of the Special Term should be modified, without costs, so as to declare that appellant Clarke received a majority vote, being forty-six votes out of sixty-five valid votes cast, and that his election should be so certified.
Jenks, P. J., Thomas, Mills, Rich and Putnam, JJ., concurred.
Order of the Special Term modified, without costs, so as to declare that appellant Clarke received a majority vote, being forty-six votes out of sixty-five valid votes cast, and that his election should be so certified.