Bazydlo v. Volant

The issues presented in this election contest are whether the evidence supports an inference that 28 uninitialed election ballots had been cast by absentee voters, and, if so, whether those ballots should have been counted in the electoral results. The trial court excluded the uninitialed ballots from the election count, and as a result, petitioner Paul Bazydlo (Bazydlo) was declared the winner of the election over respondent Harry Volant (Volant). We conclude that the only possible inference to be drawn from the evidence is that the uninitialed ballots represented absentee votes and should…