The Resolution of Election Disputes: Legal Principles that Control Election Challenges 154 N.W.2d 185 277 Minn. 468, 154 N.W.2d 185 (Cite as: 277 Minn. 468, 154 N.W.2d 185) This interpretation is consonant with views expressed in Truelsen v. Hugo, supra, where the court discussed the predecessor statute which contains practically the same provisions.[FN2] FN2. The only significant change in Minn.St. 204.20, subd. 2, is that the phrase, 'properly marked ballots,' has been added in the last sentence relating to disposition of uninitialed ballots. Since the 6 uninitialed ballots should not have been counted, it would appear that the election resulted in a tie vote. Accordingly, the judgment is reversed and remanded for further proceedings provided by statute. Reversed and remanded. UPON APPEAL FROM CLERK'S TAXATION OF COSTS PER CURIAM. [8] Because of the nature of this appeal, which involves meritorious claims of both contestant and contestee following an election contest, this court exercises its discretion (Minn.St. 607.01; Oehler v. Falstrom, 273 Minn. 453, 461, 142 N.W.2d 581, 587) and determines that the costs and disbursements incurred shall be shared equally by the parties. 277 Minn. 468, 154 N.W.2d 185 END OF DOCUMENT 304 © 2006 Thomson/West. No Claim to Orig. U.S. Govt. Works. Page 4

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