McKittrick v. Pardee

Citations

• 8 S.D. 39
• 65 N.W. 23
• 1895 S.D. LEXIS 1

Syllabus

<p>1. When the elector makes a mark or cross in the circle at the head of the party ticket, and erases no name thereon, the vote must be counted for the entire party ticket. Yallier v. Brakke, 7 S. D. 843, 64 N. W. 180, followed.</p> <p>2. A cross made at the head of a party ticket, but not in the circle “printed for that purpose,” is a nullity, and the vote cannot be counted for candidates upon that ticket not otherwise marked as prescribed by law. Valuer v. Brakke, 7 S. D. 343, 64 N. W. 180, followed.</p> <p>3. When a cross is made in the circle at the head of a party ticket, and no name thereon erased, crosses at the left of the names of candidates thereon are without effect, and should be disregarded.</p> <p>4. The law confers no authority upon an elector to write the name printed upon one party ticket upon another party ticket..</p> <p>5. Grosses in the circle at the head of two or more party tickets neutralize each other as indicating the intent of the elector to vote either of the party tickets.</p> <p>6. An elector who erases the names of all the candidates on all the party tickets except one does not thereby vote the ticket on which the names are not erased, unless he makes a cross in the circle at the head of such party ticket, or makes a cross at the left of the names of the candidates for whom he desires to vote upon such ticket.</p> <p>7. When there is no cross made in the circle at the head of any party ticket, no erasures are necessary. The elector may designate the candidate for whom he desires to vote by making a cross to the left of the name of such candidate. ,,</p> <p>. 8. A cross to the right of a candidate’s name is a nullity, and should be disregarded.</p> <p>(Syllabus by the Court.</p>