Citation Numbers: 166 S.W.2d 997, 292 Ky. 443
Judges: OPINION OF THE COURT BY VAN SANT, COMMISSIONER
Filed Date: 12/15/1942
Status: Precedential
Modified Date: 1/12/2023
Affirming.
At the regular November, 1942 election, appellant, William Patton, and appellee, Henry McWhorter, were rival candidates for membership to the board of education, division 3 of Laurel county. According to the official tabulation conducted by the board of election commissioners appellee was declared to be elected by a majority of one vote. Appellant thereupon filed his petition requesting a recount of the ballots cast in four of the seven precincts of the division.
Appellee by counterclaim and cross petition, and, within ten days after the election, requested a recount of the ballots cast in the three remaining precincts. Upon the recount appellee was declared to be the successful candidate by a majority of five votes. The chancellor rejected eight ballots which were cast in favor of appellant, because he was of the opinion that they bore distinguishing marks by which they afterwards could be identified as having been cast by the individuals on whose ballots they appeared. The markings under question were made by pen and ink and consisted of crosses placed outside and to the right of the square opposite the name of appellant Patton. The ballots were also marked with a stencil in the square opposite Patton's name. All of the ballots were cast in Stepping Rock precinct and no ballot so marked was cast in favor of appellee.
Section
"Whether the mark or sign on the ballot was intended by the voter for a purpose within the inhibition of the statute, is immaterial, if it is reasonably calculated to serve such purpose, the same invalidates the ballot and requires that it be not counted for the candidate for whom it was east."
We are of the opinion the court properly refused to count the ballots in question.
Wherefore, the judgment is affirmed.
The whole Court sitting.