Burke v. State Board of Canvassers

On November 26, 1940, plaintiff filed a petition in this court in which it was alleged: First, that the absentee-voter law, as it has been construed and applied, violates the fourteenth amendment to the constitution of the United States. Second, that ballots are being received, counted and credited to the defendant in. disregard of the mandatory requirements of the statute. Third, that ballots are being received, counted and credited to the defendant cast by persons who .are not qualified electors of the state of Kansas.

A preliminary question having been raised whether plaintiff was entitled…