Miller v. Pennoyer

Citations

• 23 Or. 364
• 31 P. 830
• 1893 Ore. LEXIS 31

Syllabus

<p>I. Voters and Elections—Australian Ballot Law.—The exception in Oregon Act, 1891, § 49, providing that the names of candidates for electors for president and vice-president shall be arranged in groups as presented in the several certificates of nomination, relates only to the manner < f arranging the names upon the ballot, and not to the former provision that the name of each person nominated shall be printed upon the ballot in but one place; and the law is violated by printing in two groups of electors the name of one person nominated by two parties.</p> <p>2. Voters and Elections—Ballots. * —In the absence of an affirmative declaration in the state election law, that a ballot containing the name of a candidate in more than one place is void and shall not be counted, an error or mistake of the county clerk in printing the name of the same person in two groups of electors on the “official ballot” will not require the rejection of the ballots, although the statute provides that the name shall be printed in but one place. Allen v. Glynn, 17 Col. 338, approved.</p> <p>3. Elections—Mandatory Statute.—Section 47 of the Australian Ballot Act (Laws 1891, 23,) requiring the county clerk to print all the official ballots, is mandatory in that it requires the clerk to strictly comply with its provisions, but not in the sense that the voter will lose his vote if the clerk commits an error in printing the names.</p>