Webster v. Byrnes

Citations

• 34 Cal. 273

Syllabus

<p>Voter’s Name must be on Poll List.—Under the Registry Act, a vote is illegal where the name of the elector is not on the poll list of the Election Precinct where the vote is cast on the day of the election.</p> <p>Idem.—Where a name had been entered on a precinct poll list, but at the - final sitting of the Board of Registration, as required by the twenty-fourth section of the Registry Act, had been erased by said Board : held, that the result was the same as if such name had never been on the poll list.</p> <p>Qualifications of Voters under Registry Act. — The questions arising for decision under the Registry Act by the Election Board, when a vote is proffered, are, first, Is the person offering to vote a qualified elector of the precinct where the vote is offered ? and, second, Is his name, at the time, on the Great Register and on the poll list ? Both questions must be answered in the affirmative by the Board, or the vote should be rejected.</p> <p>Counting Votes not Cast.—It was manifest error for the County Court, when trying a contested election case, to allow to one of the contestants votes not in fact received, although offered to and rejected by the Election Board ; and this, whether the proffered votes were properly or improperly rejected.</p> <p>Error without Prejudice.—The respondent has, in all cases, a right to show that the appellant was not prejudiced by the error complained of; and where the Court below rejected an equal number of votes cast for each contestant, upon a state of facts equally applicable to each voter, the error, if such it was, is rendered immaterial.</p> <p>Idem—Statement of Facts on Appeal in Contested Election Case.—On appeal from a judgment rendered in a contested election case, where the appellant assigns as error the improper rejection by the Court below of votes cast in his favor, and a statement is made part of the record on appeal, it is competent for the respondent, by way of amendment thereto, to incorporate in the stat