Mosier v. Gilmore

I dissent. I do not believe that § 20-7-25 relied upon by the majority opinion, or § 20-7 — 21 apply in this fact situation. I also agree that § 20-20-6(5) is not controlling here, but believe in our quest to find the voter’s intent, we should heed the legislative recognition in that statute that when a voter casts more votes for an office than he is entitled to vote for, and one of the votes is a write-in vote, the write-in vote is the “obvious intent” of the voter.

Section 20-7 — 21 mandates that the intent of the voter shall be given “full recognition.” I find it difficult to believe that a…