State ex rel. Brown v. Boden
Supreme Court of New Jersey
On motion for mandamus under rule to show cause. The relator was a candidate for township committeeman at the election on March 13th, 1888. There was a tie vote between him and the opposing candidate, Edward T. Galloway, one of the defendants, who was in office and holds over until another is chosen in his stead.
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On motion for mandamus under rule to show cause. The relator was a candidate for township committeeman at the election on March 13th, 1888. There was a tie vote between him and the opposing candidate, Edward T. Galloway, one of the defendants, who was in office and holds over until another is chosen in his stead. At the meeting of the township committee on March 16th next after the town meeting, the defendants all being present, three ballots were taken to elect between the two candidates having an equal number of votes, each resulting in one' vote for Galloway and one for Rrown, Galloway not…
1Opinion of the Court
The opinion of the court was delivered by
Scudder, J.
The proceeding to determine the controversy where two or more candidates have an equal number of votes for the same office, at an annual election in town meetings for township officers, is prescribed in section 5 of the act of March 22d, 1860 (Rev., p. 1201, § 45), in these words: The town ■committee shall, at their next meeting thereafter, elect between those having an equal number of votes, unless they shall deem a special town meeting for these purposes advisable, and in that case shall have power to call such special town meeting as now…
2Cases cited1 opinion
- Jackson Ex Dem. Astor v. CraneSupreme Court of the United States · 1831
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