Young v. Simpson
Supreme Court of Colorado
Error to the County Court of Logan County. At the general election in 1894, plaintiff in error, Nathaniel Young, and defendant in error, John H. Simpson, were opposing candidates for the office of county commissioner of Logan county. The canvassing board of the county found that plaintiff in error had received 477 votes for this office, and defendant in error, Simpson, 476, and declared the former duly elected by a majority of one vote.
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Error to the County Court of Logan County. At the general election in 1894, plaintiff in error, Nathaniel Young, and defendant in error, John H. Simpson, were opposing candidates for the office of county commissioner of Logan county. The canvassing board of the county found that plaintiff in error had received 477 votes for this office, and defendant in error, Simpson, 476, and declared the former duly elected by a majority of one vote. Defendant in error then instituted this contest, averring that in a certain precinct of Logan county the judges had failed to count for him two votes which…
1Opinion of the CourtChief Justice Hayt
The principal object of the rules of procedure prescribed by statute for conducting an election is to protect the voter in his constitutional right to vote in secret; to prevent fraud in balloting and secure a fair count. Such rules are usually held to be directory as distinguished from mandatory, and unless the statute declares that a strict compliance is essential in order to have the ballot counted, the courts will not undertake to disfranchise any voter by rejecting his ballot, where his choice can be gathered from the ballot when viewed in the light of the circumstances surrounding the…
2Cases cited4 opinions
- State ex rel. Waggoner v. RussellNebraska Supreme Court · 1892
- Kellogg v. HickmanSupreme Court of Colorado · 1889
- People ex rel. Eaton v. District CourtSupreme Court of Colorado · 1892
- Allen v. GlynnSupreme Court of Colorado · 1892
3Cited by18 opinions
- Bickel v. City of BoulderSupreme Court of Colorado · 1994
- People ex rel. Johnson v. EarlSupreme Court of Colorado · 1908
- Meyer v. LammSupreme Court of Colorado · 1993
- State ex rel. Orr v. FawcettWashington Supreme Court · 1897
- Nicholls v. BarrickSupreme Court of Colorado · 1900
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