Johnson v. Trnka
154 N.W.2d 185
277 Minn. 468, 154 N.W.2d 185
(Cite as: 277 Minn. 468, 154 N.W.2d 185)
Supreme Court of Minnesota.
Charles E. JOHNSON, contestant, Respondent,
v.
Frank TANKA, contestee, Appellant.
No. 40805.
Aug. 25, 1967.
Rehearing Denied and on Appeal from Taxation
of Costs Oct. 27, 1967.
Appeal from judgment of the District Court of Isanti
County, William T. Johnson, J., growing out of an election
contest. The Supreme Court, Murphy, J., held that where
number of ballots found in election box, including six ballots not initialed by election judges, exceeded number of registered voters by two, it was improper to resolve issue of
excess ballots by withdrawing at random two ballots from
the election box, but rather unmarked ballots should have
been laid aside and not counted.
Reversed and remanded.
West Headnotes
[1] Elections
177
144k177 Most Cited Cases
Statutory requirement that all ballots must be initialed by
the election judges is intended to assure the voter that he is
given an authentic ballot, to enable the public to identify the
actual ballot cast in the event of an election contest, and to
prevent fraud. M.S.A. § 204.05, subd. 1.
[2] Elections
227(1)
144k227(1) Most Cited Cases
No person should be deprived of his right to vote because of
the neglect or carelessness of election officials unless that
conduct has been carried to such an extent as to affect the
true outcome of the election and put the results in doubt.
[3] Elections
227(8)
144k227(8) Most Cited Cases
Rule that neglect and carelessness of election officials
should not deprive a person of his right to vote must yield to
express provisions of statute relating to the disposition of
excess ballots. M.S.A. § 204.20 and subds. 1, 2.
Page 1
[4] Elections
227(1)
144k227(1) Most Cited Cases
The outcome of an election should rest upon ballots received according to law and should not be determined by illegal votes.
[5] Elections
239
144k239 Most Cited Cases
For purposes of statute providing that if there is an excess of
properly marked ballots, the judges shall replace them in the
box, and one judge, without looking, shall withdraw from
the box a number of ballots equal to the excessive number,
and the withdrawn ballots shall be preserved but not counted, a "properly marked ballot" is one marked with the initials of the judges. M.S.A. § 204.20, subd. 2.
[6] Elections
239
144k239 Most Cited Cases
Statute relating to the disposition of excess ballots applies to
the conduct of election judges only where, after removing
the uninitialed ballots, it is found that there is still an excess
of properly marked ballots. M.S.A. § 204.20, subd. 2.
[7] Elections
239
144k239 Most Cited Cases
Where number of ballots found in election box, including
six ballots not initialed by election judges, exceeded number
of registered voters by two, it was improper to resolve issue
of excess ballots by withdrawing at random two ballots
from the election box, but rather unmarked ballots should
have been laid aside and not counted. M.S.A. § 204.20,
subd. 2.
[8] Elections
307
144k307 Most Cited Cases
In view of meritorious claims of both election contestant
and contestee on appeal, the costs and disbursements incurred should be shared equally between the parties. M.S.A.
§ 607.01.
**186 Syllabus by the Court
*468 Minn.St. 204.20, relating to election procedures, requires that in the counting process election judges shall
count the ballots to determine whether the number of ballots
corresponds with the number that the election register or registration file shows were cast. Where there is found to be a
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