separate tabulation and return of what may be deemed regular ballots does not mean that only regular ballots are to be counted; if the marking of the ballot should be irregular, but the voter casting such ballot has clearly indicated by an X-mark the candidate of his choice, the ballot should be counted as intended
How later courts described this case
- separate tabulation and return of what may be deemed regular ballots does not mean that only regular ballots are to be counted; if the marking of the ballot should be irregular, but the voter casting such ballot has clearly indicated by an X-mark the candidate of his choice, the ballot should be counted as intended
Written by the judges who cited it.
The opinion
Pee Curiam.
The judgment of the Circuit Court is affirmed on authority of the opinion and judgment in the case of John "Whitehurst, County Judge, et al., as and constituting the County Canvassing Board of Elections, et al., vs. State of Florida, ex rel. H. J. Drane, this day filed, and authorities therein cited.
Affirmed.
Buford, C.J., and Ellis and Brown, J.J., concur.
Whitfield, P.J., and Terrell, J., concur in the opinion and judgment.
Davis, J., absent from oral argument, not participating.