Matter of Cosgrove (Walsh) (No. 2)
New York Court of Appeals
The foreign war ballot removed from an unsealed envelope in the Forty-first Election District of the Second Assembly District and counted for Walsh is void. The protested overseas war ballot removed by the court from an unsealed envelope in the Twenty-first Election District of the Second Assembly District and counted for Walsh is void. The Bilyek and O’Keefe ballots, canvassed as foreign war ballots on December 15,1943, were properly counted as valid votes for Walsh.
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The foreign war ballot removed from an unsealed envelope in the Forty-first Election District of the Second Assembly District and counted for Walsh is void. The protested overseas war ballot removed by the court from an unsealed envelope in the Twenty-first Election District of the Second Assembly District and counted for Walsh is void. The Bilyek and O’Keefe ballots, canvassed as foreign war ballots on December 15,1943, were properly counted as valid votes for Walsh. In one ease the protest was too late and in the other the envelope was substantially sealed.
1Opinion of the Court
Per Cgriam.
The indorsements upon two envelopes of war voters in foreign service were not executed as required by the statute and the votes should have been rejected if objection had been made upon the original canvass (See Election Law, § 319). In the absence of objection the envelopes were opened as provided in the statute and the ballots deposited in the ballot box. We agree with the courts below that the ballots so deposited without objection must be .counted., Protest thereafter will not avail even where it may he possible to determine for which candidate such ballot was cast.
The order…
2Cited by5 opinions
- Mullen v. HeffernanNew York Supreme Court · 1948
- O'Shaughnessy v. Monroe County Board of ElectionsAppellate Division of the Supreme Court of the State of New York · 1961
- McGuinness v. DeSapioAppellate Division of the Supreme Court of the State of New York · 1959
- Progno v. Monroe County Election CommissionersAppellate Division of the Supreme Court of the State of New York · 1963
- In re the Incorporation of Village of PurchaseNew York Supreme Court · 1967