Bethard v. Mink

Upon hearing, the trial court found that petitioner had failed to prove that the ballots had been properly preserved and safeguarded and dismissed the petition to contest the election of County Treasurer. Petitioner appeals.

Petitioner sought a recount of the votes as shown by the ballots in three precincts known as Barry II, Kinderhook I and Pittsfield IV. Lightle, County Clerk, testified that on November 3, 1970, the night of the election, the ballots from the first precincts were brought to his office commencing at 9:00 P.M., that the ballots were being received all night and the final…