Dailey's Appeal

Citations

• 232 Pa. 540
• 81 A. 655
• 1911 Pa. LEXIS 758

Syllabus

<p>Election law — Improper marking of ballot — Act of April 29, 1903, P. L. 338.</p> <p>At a municipal election held February 15, 1910, a ballot was cast containing a cross mark in the democratic square, indicating a vote for all the candidates of that party, including one for the office of school director. The ballot also contained a mark to the right of the name of another person that had-been written into the ballot as a candidate for school director. Held, that under the Act of April 29, 1903, P. L. 338, as under the election Act of June 10,1893, P. L. 419, which it amended, the entire ballot was illegal: Newberry Township Election, 187 Pa. 297, followed.</p> <p>The use of the word “may” in the Act of April 29,1903, P. L. 338, instead of the word “shall” in sec. 22, of the amended act of June 10, 1893, P. L. 419, does not change the law giving to a voter a choice of methods in the preparation of his ballot.</p>