Napier v. Noplis

' MILLIKEN, Judge.

The controlling issue in this election contest is the meaning and applicability of the so-called “20% rule” usually attributed to our 1908 opinion by Judge O’Rear in Harrison v. Stroud, 129 Ky. 193, 110 S.W. 828. For collection of cases, see Ky. Digest, Elections,

The “rule” has been used to determine when an entire election or the vote in a precinct should be nullified by the court.

After a recount of the votes cast in the November 1957 election for magistrate in Perry County, Noplis, the contestee and appellee in the present action, was declared the winner by a 30 vote…