Wyman v. Lemon
California Supreme Court
Appeal from the County Court of Solano County. Wyman and Lemon were candidates for the office of county treasurer of the county of Solano, at the general election in the fall of 1875. The canvass of the returns by the Board of Supervisors gave Wyman one thousand six hundred and thirty votes, and Lemon one thousand six hundred and thirty-three votes. Lemon received the certificate of election and Wyman commenced an action in the County Court contesting the election.
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Appeal from the County Court of Solano County. Wyman and Lemon were candidates for the office of county treasurer of the county of Solano, at the general election in the fall of 1875. The canvass of the returns by the Board of Supervisors gave Wyman one thousand six hundred and thirty votes, and Lemon one thousand six hundred and thirty-three votes. Lemon received the certificate of election and Wyman commenced an action in the County Court contesting the election. Ballots were counted for Lemon upon which the elector had scratched other names with ink, and the ink thus used had discolored…
1Opinion of the Court
By the Court:
The “impression, device, color or thing,” which, if borne on the outside of the ballot, must, under the provisions of *275the Political Code, cause its rejection, must be “designed to distinguish such ballot from other legal ballotsThe discoloration appearing upon the ballots counted for the respondent here is not shown, nor does it appear to have been “designed,” but resulted from the use of ink by the elector in scratching his ballot. The use of ink for that purpose is expressly permitted to the elector by the Code, and the discoloration of the ballot, which naturally ensued from…
2Cited by3 opinions
- Rutledge v. CrawfordCalifornia Supreme Court · 1891
- Haupt v. BurtonMontana Supreme Court · 1898
- State ex rel. Law v. SaxonSupreme Court of Florida · 1892