Smith v. Hendrix

Rhodes, Justice:

Petitioner-appellant, Joseph Smith, seeks a recount of the votes cast in an election in which he was a candidate contending that all votes should have been invalidated in instances where the voter had voted both a straight party ticket and for a specific individual candidate of the opposite party on the same ballot. This practice is referred to- as “crossover voting”, and it is undisputed that these votes were counted in the election.

The Circuit Court held that petitioner was precluded from asserting the present action because he failed to pursue the statutory remedy for…