Foster v. Evert

I disagree with the principal opinion, because I believe that the case should be decided solely by recount of the ballots, and that it is neither necessary nor proper to adduce testimony of the election officials as to why certain ballots were counted or rejected.

The trial judge defined the issue as follows:

Is it necessary for a voter desiring to cast a write-in ballot in accordance with Chapter 115.439, R.S.Mo., to make an “X” or other mark to the left of the name of the write-in candidate in order to have the write-in vote counted?

The court found that 670 voters cast write-in ballots for…