Chapter 5 In reaching this decision, the Maine Supreme Court took the same path as did the Arizona Supreme Court in Tellez by citing several decisions from other states. Thus, in addition to the states noted in Tellez as supporting this majority view, the supreme court in Barber cited to decisions in Iowa, Ohio and Massachusetts. The Maine Supreme Court took special pains to denigrate the “English Rule” in noting that The Iowa Court stressed the irrationality, because of the high degree of conjecture and speculation involved, or any legal presumption that a voter, even if he knowingly votes for an ineligible candidate, intends that his vote should be entirely without legal effect—that he is deliberately throwing away his vote. At 456-457. On this basis, the supreme court said that, …the conclusion is inescapable that there were 11,710 valid votes cast for the office of Sheriff of Androscoggin County at the June 19, 1972, Primary Election. Plaintiff Barber failed to receive a plurality of these votes. His claim that he was elected must fail. At 457. And so that there be no mistake as to the impact of the ruling, the supreme court added, We declare that, plaintiff, Robert Barber, was not the duly nominated candidate of the Democratic Party for the office of Sheriff of Androscoggin County at the June 19, 1972, Primary Election. At 457. What, then, to make of Jones v. Norris, 421 S.E.2d 706 (Ga. 1992)? There were three candidates running in the primary election for the Wayne County, Georgia, Superintendent of Schools: Larry Hulvey, Jerry Jones and David Norris. Two weeks before the election, with the ballots already printed and no time to print new ones, Mr. Hulvey withdrew. Mr. Hulvey’s withdrawal was widely reported in the newspapers and a sign was put up at each polling place saying that Mr. Hulvey had withdrawn. The election results were: Jerry Jones David Norris Larry Hulvey 3,190 3,161 213 A “majority of the votes cast” was required for election. If no candidate got a majority of the votes cast there was to be a run-off primary election between the two candidates with the most votes. The county election superintendent declared that the votes for Mr. Hulvey were void and that Mr. Jones had won the election. Mr. Norris sued. In the lawsuit, the trial court said that the votes for Mr. Hulvey had to be counted when determining if any candidate got a majority of the votes that were cast in that election. Then the trial court concluded that, on that basis, a candidate would need 3,283 votes to win 117