Ogg v. Glover

Citations

• 72 Kan. 247
• 83 P. 1039
• 1905 Kan. LEXIS 338

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Elections — Local Political Organization — City Ticket — Use of Circle. A political party having only a local organization may nominate a ticket for city offices by a convention, primary election, or caucus, and have it placed upon the official ballot so that it may be voted for by a single cross-mark placed in a circle.</p> <p>2. -Nomination by Mass Convention — No Objection Filed —Ballot. Where a certificate of nomination regular in form is filed with the city clerk, purporting to show the nomination of a full set of city officers by a mass convention of a party designated as the “city party,” and no objection thereto is filed within three days, and the names so certified appear on the official ballot under the title “city ticket,” over which a circle is printed with directions to place a cross-mark therein to vote a straight ticket, ballots cast at the ensuing election which are marked only in such circle cannot be rejected upon the grounds that the ticket was not nominated by a political party and that there was in fact no political party in the city known as the “city party.”</p> <p>3. -Party Emblem Not Designated — Objection Not Made. Where a certificate of nomination of candidates for city offices filed in behalf of a political party having only a local organization fails to show a party emblem, and no objection is made to the certificate prior to the election, ballots cast for the ticket of such party by making a cross in a circle printed above it cannot be rejected on account of the absence of an emblem.</p> <p>4. -— Unsealed Ballots Filed with the Court — Evidence. Ballots transmitted to this court unsealed, as a part of the evidence in an election contest, do not lose their probative effect from being temporarily entrusted by the clerk to the possession of the attorneys of one of the parties. No presumption that an attorney made any change in them arises from the fact that he had an opportunity to do so.</p> <p>5. -- Ma