Lauer v. Estes

Citations

• 120 Cal. 652
• 53 P. 262
• 1898 Cal. LEXIS 829

Syllabus

<p>Election Contest—Validity of Ballots—Distinguishing Masks.—In an election contest under our present laws, the court cannot confine itself to a mere inquiry as to what the voter intended to express by. his ballot, but any ballot not made as provided.in the election law, is void and cannot be counted; and ballots containing any distinguishing marks thereupon, which are not legal marks placed upon the ballot in a legal place, and which do not appear to have been the result of an accident, are thereby vitiated.</p> <p>Id.—Evidence—Declabation of Disqualified Votes—Affidavit.—The declaration of a voter, who is proved to have been disqualified, as to how he voted, made in the form of an affidavit before a notary'public, is no part of the res gestae, and is inadmissible hearsay.</p>