Branagan v. Todd

The validity of the Democratic primary election for the office of Mayor of the City of Fulton is in question.

*338Petitioner contends that in one of the city’s election districts the election was “ characterized by such * * * irregularities as to render impossible a determination as to who rightfully was nominated” (Election Law, § 330, subd. 2), and this appears to be so. In fact it was stipulated by the parties in Special Term and in this court that “ This [voting] machine tabulated a vote of 83 votes for Johnson, and 26 for Branagan, a total of 109 votes cast by Democrats, which total is 47…