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
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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.
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