Devine v. Wonderlich (1978)
268 N.W.2d 620
268 N.W.2d 620
(Cite as: 268 N.W.2d 620)
Page 1
must be carefully and meticulously scrutinized.
Supreme Court of Iowa.
Francis P. DEVINE, Appellant,
v.
Raymond James WONDERLICH, Appellee.
No. 60823.
June 28, 1978.
In election contest between write-in candidate and incumbent county board supervisor, the Keokuk District Court, Ira
F. Morrison, J., entered judgment in favor of incumbent, and
write-in candidate appealed. The Supreme Court, McCormick, J., held that: (1) statute barring identifying marks
on ballots was not violated by presence of extra words on
write-in ballots, which accurately stated office and term for
which write-in candidate was running by using precise duplicate of words printed on ballot just above space for writing in a candidate's name; (2) placement of stickers on
write-in ballots substantially complied with statute requiring
write-ins to be inserted "in proper place," and thus such ballots should have been counted for such candidate; (3) ballots
on which only write-in candidate's surname or first initial
and surname were written in should have been counted for
such candidate; (4) under circumstances, ballots on which
write-in candidate's name was written in twice with one of
names crossed out should have been counted for such candidate; (5) ballots on which write-in candidate's name was
put under incumbent's name in his party's column should
have been counted for write-in candidate, and (6) ballots on
which write-in candidate's name was written in twice, once
in his party's column and once in independent column,
should have been counted for such candidate.
Reversed and remanded.
West Headnotes
[1] Elections
269
144k269 Most Cited Cases
In view of fact that an election contest involves right of
qualified voters to have their ballots counted for candidate
of their choice, right of franchise is at stake, which is a fundamental political right essential to representative government, and thus any alleged infringement of right to vote
[2] Elections
24
144k24 Most Cited Cases
Statutory regulation of voting and election procedure is permissible so long as statutes are calculated to facilitate and
secure, rather than subvert or impede, right to vote; among
legitimate statutory objects are shielding elector from influence of coercion and corruption, protecting integrity of ballot, and insuring orderly conduct of elections. I.C.A. § 62.1
et seq.
[3] Elections
161
144k161 Most Cited Cases
Statutes regulating voting and election procedure must be
construed liberally in favor of giving effect to voter's choice
and every vote cast enjoys a presumption of validity.
[4] Elections
186(4)
144k186(4) Most Cited Cases
As a general rule, if a voter affixes any mark to his ballot
which fairly indicates his intention to vote for a particular
candidate, vote should be counted for candidate unless a
mandatory provision of election law is violated. I.C.A. §
62.1 et seq.
[5] Elections
161
144k161 Most Cited Cases
[5] Elections
300
144k300 Most Cited Cases
Statute barring identification marks on ballots originated
from desire to guard against possibility of a vote seller indicating to a vote buyer in advance how his ballot could be
distinguished so buyer could determine if bribed voter had
carried out his agreement; issue as to whether a particular
ballot violates prohibition is ordinarily one of fact. I.C.A. §
49.98.
[6] Elections
194(1)
144k194(1) Most Cited Cases
Statute barring identifying marks on ballots was not violated
by presence of extra words on write-in ballots, which accurately stated office and term for which write-in candidate was
running by using precise duplicate of words printed on bal-
© 2006 Thomson/West. No Claim to Orig. U.S. Govt. Works.
199
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