Brownson v. Andrews

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be reversed, without costs, the petition granted, the three write-in ballots at issue declared invalid, and the matter remitted to Supreme Court for further proceedings in accordance with this memorandum.

*950The courts below erred by validating the out-of-column write-in ballots. Write-in ballots for this primary election were to be written in column three. Here, all three contested ballots were written in column four, an otherwise blank and unused column. Accordingly, those ballots were not cast in their designated and…