State ex rel. Tarburton v. Seitz

Southerland, C. J.:

*290At the general election of November 8, 1960, petitioner Tarburton was the candidate of the Democratic Party for the Office of Levy Court Commissioner from the First Levy Court District of Kent County. Intervener Carey was the Republican candidate for the same office. On November 10 the Board of Canvass convened for the purpose of ascertaining the state of the election. The election certificate showed that Carey had received a majority of five votes.

Tarburton filed with the Board of Canvass a petition challenging the legality of certain absentee ballots cast in certain of…