Heffner v. State Ex Rel. Johnson

The facts essential to a consideration of the question of law presented may be concisely stated. The names of Fred J. Heffner and Harry Klies were on the ballot as candidates for justice of the peace at the November 1933 election. Although there were two such positions open, the only notice the electors had was to the effect that one justice of the peace was to be elected; the notice or proclamation of election contained no information on the subject; and on the ballot, printed immediately above the names of the candidates, were the words, “Vote for not more than one.” The count' disclosed…