Jackson v. Maley

In today’s opinion the court pronounces that whenever it is impossible to determine the outcome of an election with mathematical accuracy1 a new election must be ordered. Viewing the proof adduced below as insufficient to conclude that the outcome of the judicial race here in contest is incapable of ascertainment with mathematical certainty, the court pronounces that Smith, the losing candidate, is not entitled to a new election. While the court declines today to address. Smith’s recount quest, pressed by him below but not reasserted before us,2 it notes that under state law3 a recount may…