Jarboe v. Smith

STEWART, Judge.

Appellant, Joe B. (Smokey Joe) Jarboe, incumbent county judge of Marion County, was the successful candidate for re-election to that position in the May, 1961, Democratic primary election. Appellee, Henry Smith, the opposing candidate, filed this contest suit seeking to have himself declared the nominee, and the trial court entered judgment in his favor.

Appellant’s principal argument on appeal is that the circuit court erred in adjudging all the absentee ballots void and in deducting them from the total votes received by the parties. Appellant won renomination by a total…