Livingston v. Heydon

Opinion

ELKINGTON, J.

This appeal concerns a superior court judgment declaring that cross (+) marks following the name of a candidate for councilman on a municipal election ballot, but not appearing in whole or in part in the “voting square” following such name, shall not be counted as votes.

The subject ballot was printed in the following form.

Some of the ballots were marked, as shown superimposed on the printed ballot form above, with a cross (+) in the space immediately following the candidates’ names but wholly outside and to the left of the appropriate voting square. On a recount such…