Lorenzen v. McAfee

In this proceeding, petitioner seeks to be certified as the duly elected candidate for the office of Town Justice of the Town of Arietta on the grounds that after an examination of the ballots by petitioner, it is apparent the Board of Canvassers of Hamilton County erred in its recanvass with respect to two absentee ballots and that under the law petitioner should have been declared the winner by one vote.

Exhibit 2 is an absentee ballot, apparently valid in all respects except that the vote is marked in red ink. The board accepted this ballot and counted a vote for respondent.

Section 120 of…