101 Mich. 187 | Mich. | 1894
At the 'village election of Casnovia, held on the second Monday in March, 1894, the official ballot contained but one ticket, i. e., the name of but one person for each and every office to be voted for at.such election. Relator’s name was printed thereon as candidate for the office of president. The relator was at that time president of said village, and for that reason did not act as inspector of election. The result of the election was
Three reasons are alleged for a reversal of the order of the circuit court:
1. The insufficiency of the petition for mandamus.
3. That the unmarked ballots could not lawfully be counted.
The act (No. 308, Laws of 1887) provides for the presentation to certain boards therein mentioned of a petition for a recount of ballots cast at any election by any candidate voted for at such election. Village boards or councils are not among them, and none of the boards mentioned have to do with elections of village officers. Were we to hold the act applicable to village elections, we should also be compelled to say that presentation to such boards was contemplated, though the express terms limit applications to those mentioned, viz., “board of city canvassers, if a city or ward office, or district board, or the board of county canvassers, in all other cases." We think it more reasonable to hold that the term “ any candidate voted for at any election" is limited by the other language of the act, and that it does not cover village, school-district, and possibly some other elections. '
The other important point relates to the ballot. Containing but one name for each office, there can be no doubt that the voter intended to vote for the peisons whose names were printed therein, unless we accept the ingenious argument of counsel that the voter desired that his ballot should not be counted, but put it in the ballot-box to deceive somebody, which would be going a great way to avoid the duties of citizenship. It is true that the law was not technically complied with by those who cast these ballots, but the stamping of these ballots would not, so far as we can see, have added to the certainty of the voter's intention, nor does the failure in any way hazard the rights of any one. In such a case the voter should not be deprived of his vote, if it can be avoided.
We think, however, that the council could act only up