Weinberger v. Jackson

Beldock, P. J., Rabin and Benjamin, JJ., concur; Christ, J. concurs in result, with the following memorandum, in which Munder, J. concurs: There were 23 votes counted for respondent Epstein and properly marked for him, but these were on ballots where there was an improper marking for the trustee Landsberg. The marks for Landsberg were not in the voting square and, under the applicable statute (Election Law, § 212), I am of the opinion that such a mark makes the whole ballot void. The statute, so far as pertinent, reads: “ § 212. Rides for counting votes. Rule 1. The whole ballot is void if…