Thoms v. Andersen

I agree with the majority opinion insofar as it would reverse the holding of the trial court disenfranchising the voters of the *574two precincts but I would further remand with directions that the ballots themselves should have been counted.

I concur with Justice Wollman wherein, as he points out, SDCL 12-21-1 is the controlling provision as to the purpose to be served by recount. I would add, however, that SDCL 12-20-35, as well as the numerous decisions of this court, including McMahon v. Crockett, 1899, 12 S.D. 11, 80 N.W. 136; Tschetter v. Ray, 1912, 28 S.D. 604, 134 N.W. 796 and Althen v.…