Peabody v. Burch

Citations

• 75 Kan. 543
• 89 P. 1016
• 1907 Kan. LEXIS 99

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Elections — Preparation of Official Ballot. Although mandatory provisions of the statute are disobeyed in the preparation of the official ballot the will of the voters expressed by means thereof cannot on that account be disregarded.</p> <p>2. - Canvassing Board May Not Reject Ballots for Mistakes of Officer Preparing Them. The provision of the statute (Gen. Stat. 1901, §2718; Laws 1903, ch. 228, §4; Laws 1905, ch. 222, § 3) that “no ballots other than those provided, printed and indorsed in accordance with the provisions of this act shall be delivered to a voter, deposited in the ballot-box, or counted,” does not authorize the election board or other canvassing body to review the work of the officer who prepared the ballot and reject any votes by reason of some wrongful act or omission on his part in that connection.</p> <p>3. - Party Ticket Wrongfully on the Ballot — Votes Cast for It to he Counted. The fact that the officer who is charged with the duty of preparing an official ballot wrongfully causes to be printed thereon the ticket of a political party which has forfeited its right to such representation by a failure to file a certificate of nomination will not justify a refusal to count ballots marked in favor of such ticket.</p>