The Resolution of Election Disputes: Legal Principles that Control Election Challenges 268 N.W.2d 620 268 N.W.2d 620 (Cite as: 268 N.W.2d 620) Page 4 vote for more than one candidate for a single office did not speak to problem of voting twice on a single ballot for one candidate and since no doubt existed regarding voters' intent to vote for write-in candidate. I.C.A. § 49.93. *622 James P. Rielly, of Spayde & Rielly, Oskaloosa, for appellant. Ralph R. Brown, of McDonald, Keller & Brown, Dallas Center, for appellee. *623 Considered en banc.[FN*] FN* MASON, J. serving after June 14, 1978, by special assignment. McCORMICK, Justice. We must here decide who won a Keokuk County board of supervisors seat in the November 1976 election. A canvass after the election showed plaintiff Francis P. Devine, a write-in candidate, defeated defendant Raymond James Wonderlich, the incumbent. Wonderlich initiated a contest and the contest court, after invalidating certain ballots, declared Wonderlich the winner. Devine appealed to the district court which, although disagreeing with the contest court as to the validity of a number of ballots, also concluded Wonderlich won the election. Upon our de novo review, we reverse and remand. Several general principles guide our review. Contest procedures for county offices are established in Code chapter 62. The contest is tried as a civil action. ss 62.2, 62.13, The Code. Appeal lies from the contest court to district court which hears the appeal in equity and determines anew all questions in the case. s 62.20, The Code. Hence our review is also de novo. Stamos v. Gray, 221 Iowa 145, 147, 264 N.W. 919, 920 (1936); Murphy v. Lentz, 131 Iowa 328, 330, 109 N.W. 530, 531 (1906). [1] Because an election contest involves the right of qualified voters to have their ballots counted for the candidate of their choice, the right of franchise is at stake. The right to vote is a fundamental political right. It is essential to representative government. Wesberry v. Sanders, 376 U.S. 1, 17-18, 84 S.Ct. 526, 535, 11 L.Ed.2d 481, 492 (1964) ("No right is more precious in a free country than that of having a 202 voice in the election of those who make the laws under which, as good citizens, we must live."). Any alleged infringement of the right to vote must be carefully and meticulously scrutinized. Reynolds v. Sims, 377 U.S. 533, 561-562, 84 S.Ct. 1362, 1381, 12 L.Ed.2d 506, 527 (1964). [2][3] Statutory regulation of voting and election procedure is permissible so long as the statutes are calculated to facilitate and secure, rather than subvert or impede, the right to vote. Among legitimate statutory objects are shielding the elector from the influence of coercion and corruption, protecting the integrity of the ballot, and insuring the orderly conduct of elections. Whitcomb v. Affeldt, 319 F.Supp. 69, 76 (N.D.Ind.1970), aff'd, 405 U.S. 1034, 92 S.Ct. 1304, 31 L.Ed.2d 576 (1972). However, because the right to vote is so highly prized, these statutes must be construed liberally in favor of giving effect to the voter's choice, and every vote cast enjoys a presumption of validity. Paulson v. Forest City Community School District, 238 N.W.2d 344, 348 (Iowa 1976). [4] As a general rule, if a voter affixes any mark to his ballot which fairly indicates his intention to vote for a particular candidate, the vote should be counted for the candidate unless a mandatory provision of the election law is violated. 26 Am.Jur.2d Elections s 258 at 84. Before addressing the specific issues in this case, it may be helpful to outline the factual background from which they arise. Francis P. Devine was a Democratic candidate for Keokuk county supervisor in the November 1974 general election. He campaigned extensively, advertised his candidacy, and was listed on the ballot in that election. He was defeated by 50 votes. In the primary election of June 1976 no Democratic candidate was on the ballot in the supervisor race for the 1977 term. However, Devine received a number of write-in votes in the primary and decided to seek the office. In late June the Democratic county central committee certified his candidacy to the county auditor. In September his candidacy was challenged because he had not been selected by a reconvened county convention pursuant to s 43.78(1)(d), The © 2006 Thomson/West. No Claim to Orig. U.S. Govt. Works.

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents