Lemons v. Noller

The opinion of the court was delivered by

Thiele, J.:

In each of the above-entitled actions the plaintiff has filed in this court his motion for a writ of mandamus to compel the defendants named, as constituting the canvassing board, to issue to him a certificate of election to the particular office hereafter mentioned. The basis of each plaintiff’s claim is that the ballots of absentee voters, both within and without the state, should not be counted for the reason that the statutes conferring the right to vote on qualified electors absent from home but within the state, appearing as R. S.…