Lingo v. Noonan

This is a recount proceeding brought under the provisions of SDC 16.18. Certiorari to review the action of the recount board was accepted by this court under the provisions of SDC 16.1819, the recount concerning the election of a member of the Legislature.

The recount declared the defendant J. C. Noonan, elected to the office of state representative of District 22 by a majority of eight votes.

Only one question presented falls without the range of our decisions relating to marking ballots. This question is presented by plaintiff’s contention that a number of ballots cast for defendant have the…