Maw v. Lee

McDonough, justice.

Plaintiff instituted this action under the declaratory judgment statute to have adjudicated the proper construction of certain sections of the election laws of this state to determine whether certain purported votes for governor cast at the last general election should be counted. The facts are not in dispute.

On many ballots a cross was placed in the circle underneath the Democratic emblem, and a cross was placed in the square after the name of J. Bracken Lee as candidate for governor on the Republican ticket, but no line was drawn through the name of Herbert B. Maw as the…