In re Mahoney

At the general election held in the city of Troy on November 2, 1943, the respondent, Timothy J. Mahoney, was the candidate of the Republican party for the office of supervisor of the third ward and the appellant, Eugene H. Lyons, was the candidate of the Democratic party for the same office. In the tabulation of the result of the election for the office in question there appeared a domestic war ballot which was marked first in pencil, over which there was superimposed in ink, a cross mark in the voting square. This ballot was cast for appellant. Respondent contends that it is void by reason…