Vallier v. Brakke

Citations

• 7 S.D. 343
• 64 N.W. 180
• 1895 S.D. LEXIS 83

Syllabus

<p>1. Where it is claimed that a certain person who voted at an election was not a qualified elector, he may be asked, as a witness on direct examination, no question of personal privilege being involved, the general question, for whom he voted. The manner of marking his ballot is a subject of cross-examination.</p> <p>2. Under the provisions of sections 4, 6, chapter 80, Laws 1893, an elector may adopt either of four methods in designating the candidates for whom he desires to vote. First. He'may make a cross in the circle at the head of a party ticket, and in this manner vote the entire ticket. In such case that ticket is full and complete, and constitutes his ticket. Second. He may make a cross in the circle at the head of the party ticket, and may erase on that party ticket the names of the candidates for whom he does not desire to vote, and not supply the place of the erased name or names. He then votes the party ticket, except as to the candidates whose names are erased, and as to those the ticket is not filled. Third. When the elector has made a cross in the circle at the head of the party ticket, and erased the name of one or more candidates thereon, he may fill out his ticket in whole or in part by placing a cross at the left of the name of candidates on other tickets, thus making his ticket to consist of the names not erased on his own party ticket and. the name or names of candidates on other tickets. Fourth. If the elector chooses, he may omit the cross.in the circle at the head of any party ticket, and make up his ticket by placing a cross to the left of the names of such candidates as he desires to vote for upon any ticket on the ballot.</p> <p>3. When the elector makes a cross in the circle at the head of a party ticket, and erases no name thereon, the law declares it shall be counted for the party ticket “throughout,” and no cross or mark opposite the name of any candidate on any other ticket can be resorted to to defeat the declared effect of such a