where voter fails to punch out a number which corresponds to a candidate and instead punches out a number which is not assigned to any candidate, ballot cannot be counted; but where voter punches out a number which is not assigned to any candidate, and also punches a number which corresponds to a candidate, the ballot must be counted
How later courts described this case
- where voter fails to punch out a number which corresponds to a candidate and instead punches out a number which is not assigned to any candidate, ballot cannot be counted; but where voter punches out a number which is not assigned to any candidate, and also punches a number which corresponds to a candidate, the ballot must be counted
Written by the judges who cited it.
The opinion
I fully agree with the main opinion, but I think it appropriate to emphasize a point implicit in the opinion that might otherwise be passed over. *Page 881
It is unfortunate that we are required to reach a result that has the effect of prolonging the uncertainty as to which candidate received a majority of the valid votes. However, preservation of the integrity of the election process is far more important in the long run than the resolution of any one particular election.
A petition for a rehearing was denied April 2, 1981, and respondent's petition for a hearing by the Supreme Court was denied May 20, 1981. Bird, C.J., was of the opinion that the petition should be granted. *Page 882