282 A.D. 885 | N.Y. App. Div. | 1953
Order affirmed, without costs. Ho opinion. Adel, Acting P. J., Wenzel and MacCrate, JJ., concur; Schmidt and Beldock, JJ., dissent and vote to reverse the order and to grant the petition to the extent of directing a complete recount and recanvass of all the ballots, particularly the blank and void ballots, in all the election districts within the First Municipal Court District in the Borough of Brooklyn, City of Hew York, — with the following memorandum: There is no dispute that in many districts the election inspectors failed to make proper tally sheets. It is likewise undisputed that in many districts the inspectors failed to report the number of void and blank ballots and stated there were none, whereas in some of such districts the learned Official Referee has found there were over thirty blank ballots and over twelve void ballots. It is likewise undisputed that in several of the districts the total of ballots recorded as cast was less than the total of ballots credited to this petitioner and to his opponent, plus the number of blank and void ballots. In our opinion, the errors, miscalculations and defects in the tally sheets of the election inspectors, particularly with respect to the blank and void ballots, are numerous and serious. Many of these errors appear on the face of the tally sheets. Others were revealed upon a physical examination of the ballots by the Official Referee. Indeed, it may be said that the irregularities pervade the entire count. These irregularities are accentuated by others which are also undisputed: (1) In one election district (the First Election District of the Tenth Assembly District), the ballot box, when produced before the Referee, was found by him to be locked and sealed but completely empty. There was no explanation for this anomaly; (2) in other election districts, a comparison of the figures shown on the tally sheets filed in the office of the board of elections