Frink v. State Ex Rel. Turk

ADAMS, J.:

This appeal is from a final judgment in mandamus wherein 698 absentee ballots, cast in a municipal election, were held void because the prerequisite affidavit was not fhade according to the statute and also that the statute, Section 101.07, F.S.A., was unconstitutional.

Section 101.07, F.S., 1941, F.S.A., provides:

“Any qualified elector, who expects to be absent from his. home county on the day of any election hereafter held, may apply in person to the county judge of his home county, or to the clerk of the municipality in case of municipal elections, for an official ballot to be…