Opinion

Sommerfeld v. Board of Canvassers

  • 269 Wis. 299
  • 69 N.W.2d 235
  • 1955 Wisc. LEXIS 507
Court
Wisconsin Supreme Court
Filed
Mar 8, 1955
Status
Published
Author
Gehl
On the bench
Broadfoot, Gehl
Cited by
29 cases

“The number of absentee ballots is increasing rather than decreasing. Where possible, our statute should be interpreted to enable these people to vote.”

How later courts described this case

  • “The number of absentee ballots is increasing rather than decreasing. Where possible, our statute should be interpreted to enable these people to vote.”
  • taking for granted the law was violated when voters returned absentee ballots through third parties

Written by the judges who cited it.

The opinion

Gehl, J.

{dissenting). Sec. 11.59, Stats., provides that the ballot shall be mailed by the absentee voter or may be delivered in person. Webster’s New International Dictionary (2d ed., unabridged), defines “in person” as “By oneself; with bodily presence.” Had the legislature intended that the ballot might be delivered by a representative, it might easily have so declared.

*305 Nothing is found in the statutes concerning absentee voting that indicates legislative disposition to permit the absentee ballot to be delivered by agent.

Absentee voting is a privilege — not a right. The law dealing 'with such privilege ought to be construed as it is written. The legislature regulates the conduct of elections when it prescribes procedure in language plain and unequivocal and the requirements thereof should be observed.

I am authorized to state that Mr. Chief Justice Fairchild, and Mr. Justice Steinle join in this dissent.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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