Judges: <bold>McGehee, J.,</bold> delivered the opinion of the court on suggestion of error.
Filed Date: 10/25/1943
Status: Precedential
Modified Date: 1/12/2023
DISSENTING OPINION.
I think this election was void because the voters could not possibly have known, with any degree of certainty, from the form of the ballot, for what or against what they were voting. Six separable propositions had been submitted to them. With the conjunctive-disjunctive combination of "and/or" following some and preceding other propositions no voter could know for which or against which proposition he was voting. Clay County Abstract Co. v. McKay, 226Ala.394, 147So.407; Gully v. Jackson International Co., 165Miss.103, 145So.905; Drummond v. City of Columbus, 136Neb.87, 285N.W.109, 286N.W.779; State v. Dudley, 159La.872, 106So.364.