114 Ky. 231 | Ky. Ct. App. | 1902
Opinion of the court by
— Affirmins.
At the November election, 1901, appellant, Little, was a candidate for the office of justice of the peace in the Third magisterial district of Jackson county, on the Republican ticket, and his name was placed under the device of the log cabin on the official ballot. Appellee Hall was an independent candidate, by petition, for the same office, and his natne was printed on the official ballot under the individual device, chosen by him, of a big mule. There were no otlier candidates for that office. Under the Democratic device the chicken cock, there was a candidate for representative aud no other candidates. Hall was. declared elected by the canvassing board', bis- majority being certified as ten votes. Little contested the election, and tbe contest was decided against bim. There is no controversy about tbe number of ballots, nor the persons for whom they were counted.
The law provides that ;‘no ballot shall be rejected for any technical error which does not make it impossible to determine the voter’s choice.” As we have seen, it is not necessary to consider the effect of the voter stamping in the circles under the devices of two party tickets. Undoubtedly, if the two party tickets contained the names of candidates for exactly the same offices, the two marks would ■cancel each other, and the ballot would be a nullity. But the contestee in this case did not, in his petition, ask to be placed under any party device, and was not placed under such device. No other separate candidate by petition could
For the reasons given,- the judgment is affirmed. Whole court sitting.