State ex rel. Hufford v. Eddings

Citations

• 86 Wash. 233
• 149 P. 945
• 1915 Wash. LEXIS 1197

Syllabus

<p>Stipulations — Effect — Elections — Contests. In an election contest, insufficiency in the pleadings is waived hy a stipulation that the ballots be produced and a recount made by the court.</p> <p>Elections- — -Ballots—Marking—Certainty. A ballot designating the voter’s choice by a cross in the space opposite a candidate’s name is not rendered void for uncertainty by the insertion of a zero in the space opposite the name of the candidate’s opponent; since the voter’s choice reasonably appears from the face of the ballot, under Rem. & Bal. Code, §§ 4905 and 4927, providing for counting such ballots.</p> <p>Same — Ballots—Marking—Distinguishing Marks. The insertion of a zero, opposite the name of the opponent of a candidate, voted for by making a cross in a space opposite bis name, is not such a distinguishing mark as to invalidate the ballot, within Rem. & Bal. Code, §4914; since it does not appear that it was intended as a distinguishing mark or was made in willful violation of the law.</p>