Devine v. Wonderlich (1978)
268 N.W.2d 620
268 N.W.2d 620
(Cite as: 268 N.W.2d 620)
Page 3
for such candidate votes containing slight name variations
such as "France Devine," "France P. Defvine," and "Franics
P. Deiven," since all such votes appeared to be attempts by
voters to cast their ballot for such candidate.
[16] Elections
188
144k188 Most Cited Cases
In election contest involving write-in county board of supervisors candidate Francis P. Devine, ballot cast for "Frank
Devine" should have been counted for such candidate, since
it sufficiently reflected an attempt to vote for such candidate.
[17] Elections
188
144k188 Most Cited Cases
In election contest involving write-in county board of supervisors candidate Francis P. Devine, no error occurred in rejecting votes cast for "Dan Devine," "Dan P. Devine,"
"Danny Devine," "D. Devine," "Daniel P. Devine," "James
Devine," "James P. Devine," "Jim Devine," "Russell Devine," "P. Devine," "R. P. Devine," "Louis P. Devine," "Francis Levine," "Frances D. Levine," and "V. Devine," in that
voters' intent was not adequately shown for variations in
given name were not similar to candidate's true name nor
did it appear he was known by any of those names.
[18] Elections
186(1)
144k186(1) Most Cited Cases
Primary test of validity of a ballot is whether voter's intent is
sufficiently shown.
[19] Elections
194(1)
144k194(1) Most Cited Cases
Extraneous erasures, crossed out words or other markings
do not void a ballot unless they have been placed on it as
identifying marks. I.C.A. § 49.98.
[20] Elections
194(1)
144k194(1) Most Cited Cases
In election contest involving write-in county board of supervisors candidate, ballots on which such candidate's name
was written in twice with one of names crossed out, ballot
on which his first name was crossed out and full name correctly written in, ballot on which a "blot" preceded candidate's surname with his first name written under "blot" and
ballot on which name was written three times and crossed
out twice should have been counted for such candidate, in
that voter's confusion regarding where to write in candidate's name caused voters to cross out and rewrite name and
there was no evidence of an attempt to place identifying
marks on the ballot. I.C.A. § 49.98.
[21] Elections
194(2)
144k194(2) Most Cited Cases
[21] Elections
194(9)
144k194(9) Most Cited Cases
In election contest involving write-in county board of supervisors candidate, ballot on which erasure existed in box next
to office of state senator, and ballot on which erasure existed
in box next to name of incumbent supervisor should have
been counted for write-in candidate; likewise where election
officials had given voter ballot marked "sample ballot" in
red ink.
[22] Elections
183
144k183 Most Cited Cases
In election contest between write-in county board of supervisors candidate and incumbent, disputed ballot for incumbent, which contained a vote for an additional person for supervisor position, was properly rejected as ambiguous.
[23] Elections
186(1)
144k186(1) Most Cited Cases
In election contest between write-in candidate and incumbent county board supervisor, ballots on which write-in candidate's name was put under incumbent's name in incumbent's party column should have been counted for write-in
candidate, since mistake as to such candidate's party was not
a mistake of his identity and since at least three write-in
votes were cast for incumbent in another party column and
were counted. I.C.A. § 49.99.
[24] Elections
186(1)
144k186(1) Most Cited Cases
Ballots on which write-in candidate's name was written in
twice, once in his
party's column and once in independent column, were valid
as single votes for write-in candidate and should have been
counted for him, since statute providing that a voter may not
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201
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