Clay v. Town of Gilbert

FIDEL, Judge,

specially concurring:

Although I join in the decision of my colleagues, I write separately to discuss one portion of their rationale.

The court’s opinion points out that in this case,_ because of punch card irregularities, “the testimony of the ineligible voters would not clearly establish how they actually voted ... but would merely indicate how they intended to vote, and thus would not establish that the illegal votes actually changed the result of the election.” The court finds the Grounds rule of proportional deduction applicable “here, where determining how the illegal votes…