Thoms v. Andersen

COLER, Justice.

On remand, under the prior decision of this court, Thoms v. Andersen, 1975, 89 S.D. 567, 235 N.W.2d 898, the trial court, considering secondary evidence as mandated by this court, entered a decision declaring respondent, Donna Thoms, the winner of the election. Appellant has challenged the admissibility of the official *624canvass as evidence upon which the trial court’s decision was, at least in part, predicated. We affirm.

This court in Thoms v. Andersen, supra, affirmed the holding of the trial court that the ballots in precincts 3-4 and 10-2 had been improperly kept by the…