People ex rel. Lytle v. Johnson

[1] The ballot spoken of upon the argument as No. 1, and having the surplus cross mark thereon, is clearly void, and was properly rejected by the canvassers. Election Law, § 86; Feeny v. Board of Canvassers, 156 N. Y. 36, 50 N. E. 425; In re Fallon, 135 App. Div. 195, 119 N. Y. Supp. 1061; In re Garvin, 168 App. Div. 218, 153 _N. Y. Supp. 549.

In my opinion that which has been designated as No. 2, and which, in addition to the voting cross marks, bears a small pencil mark just following the name of Emory W. Garr, is likewise absolutely void, and was properly rejected. The Election Law at…