Kinder v. School District No. 126

Citations

• 68 Wash. 410
• 123 P. 610
• 1912 Wash. LEXIS 1304

Syllabus

<p>Schools and School Districts — Bond Election — Ballots—Form —Sufficiency. In a school bond election, a ballot so printed on a narrow slip of paper that it may be torn in the middle, leaving the voter to deposit onerhalf with the words “Bonds, Yes” or “Bonds, No,” is sufficiently regular in form, under the statute requiring the ballots to contain the words “ ‘Bonds, Yes,’ or ‘Bonds, No.’ ” where the voter could so fold the portion voted as to preserve the secrecy of the vote.</p> <p>Same — Method of Voting — Deposit of Ballot.' Under Rem. & Bal. Code, § 4660, requiring that one of the judges pronounce the name of any person offering to vote, at a school bond election, and “lie shall receive the ballot . . . and deposit the same” the judge pronouncing the name shall receive and deposit the elector’s ballot.</p> <p>Same — Retubns—Impeachment—Evidence — Sufficiency. Election returns showing that only 37 out of 103 votes were cast against the issuance of school bonds, are not sufficiently impeached by the affidavits of 46 voters to the effect that they voted against the issue, where the ballots had been destroyed, and it appears that certain of such voters had made contradictory statements and others had made no concealment 'when voting and it was testified that their ballots were seen to be for bonds, and that the officers publicly counted the ballots correctly after the election.</p>