Larson v. Locken

The allegations of irregularity pertain only to the sixteen absentee ballots cast in the election. None of the absentee ballots bore an official stamp, SDCL 12-16-30, and all were therefore void. Lingo v. Noonan, 75 S.D. 442, 67 N.W.2d 779 (1954). The ballots cast in person on election day were officially stamped. Plaintiffs could have demonstrated in an appropriate proceeding, that the absentee ballots (all of which were counted) affected the outcome of the election, if that were so. However in the record now before us, there is no showing by respondents that the procedural irregularities…