Hocker v. Pendleton
Court of Appeals of Kentucky
Case 99 — PETITION EQUITY APPEAL PROM OHIO CIRCUIT COURT. I.i The law directs that the clerk shall prepare as many ballots for each precinct as there were votes cast at the last preceding election, and fifty per cent. more. (Ky.
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Case 99 — PETITION EQUITY APPEAL PROM OHIO CIRCUIT COURT. I.i The law directs that the clerk shall prepare as many ballots for each precinct as there were votes cast at the last preceding election, and fifty per cent. more. (Ky. Stats., sec. 1461.) And it stands admitted in the answer that the clerk did that in this instance. 2. The clerk’s estimate was necessarily based upon the last preceding town election, and could not have been based upon any other because the town was the territory in which the vote was to be taken, and in a general election the town was part of two precincts which…
1Opinion of the Court
JUDGE HAZELRIGG
delivered the opinion of the court.
The question whether or not an election has been “free and equal” in a constitutional sense (constitution, section 6) has usually arisen in cases where by force, intimidation or the like a considerable proportion of the electoracy has been deprived of the right of suffrage.
It is clear, however, that an election may be free from violence, and yet, if from a failure of the officers to supply ballots, booths, stencils, etc., any large proportion of the electors is prevented from voting, it can properly be said there has not been a free and equal…
2Cited by15 opinions
- Coggeshall v. City of Des MoinesSupreme Court of Iowa · 1908
- Wallbrecht v. IngramCourt of Appeals of Kentucky · 1915
- Taylor v. BeckhamCourt of Appeals of Kentucky · 1900
- Taylor v. NuetzelCourt of Appeals of Kentucky (pre-1976) · 1927
- Asher v. Arnett, Secretary of StateCourt of Appeals of Kentucky (pre-1976) · 1939
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