The Resolution of Election Disputes: Legal Principles that Control Election Challenges 294 A.2d 453. 294 A.2d 453 (Cite as: 294 A.2d 453) Page 1 Supreme Judicial Court of Maine. Robert T. BARBER v. Joseph T. EDGAR, Secretary of the State of Maine and Rosaire Martel. Sept. 6, 1972. Candidate who had received second highest vote total in primary election for nomination for office of sheriff brought declaratory judgment complaint after governor, following death on election day of candidate who received highest number of votes, had declared that vacancy existed for the candidacy and directed county party committee to nominate a candidate for the office. On report from the Superior Court, Androscoggin County, the Supreme Judicial Court, Pomeroy, J., held that the votes for the deceased candidate were valid insofar as they prevented the election of candidate who came in second in the balloting, and vacancy in the candidacy existed following tabulation of vote, even though deceased was allegedly ineligible to receive election certificate. Relief denied. Defresne, C. J., did not sit. West Headnotes [1] Elections 298(1) 144k298(1) Most Cited Cases Ineligibility to take, or hold, an office is a subject matter separate from, and, therefore, incapable of being controllingly dispositive of, independent question of legal effect to be given votes as they have been actually cast in an election duly held and completed in conformity with legal requirements directing the appropriate conduct of elections. 21 M.R.S.A. §§ 924, 1047, 1091, 1092, 1094. [2] Elections 235 144k235 Most Cited Cases The objective results of elections conducted to actual completion, in accordance with legal directives prescribed for procedural course of election and tabulation of its outcome, shall be accorded, rather than denied, maximum possible legal effectiveness, so long as the courts may allow such 140 legal effectiveness on a rational basis consistent with realities of general experience and avoid speculation concerning subjective intentions of those who voted. [3] Elections 239 144k239 Most Cited Cases A person's ineligibility to take, or hold, office will not be permitted to vitiate absolutely and totally the legal effectiveness of votes actually cast for him in a lawfully conducted election; such votes are at least so far effectual as to prevent the election of a candidate who received a lesser number of votes. [4] Elections 126(7) 144k126(7) Most Cited Cases Where person who received largest number of votes for party nomination to office of sheriff at primary election died after polls had opened but prior to their closing, the votes for deceased candidate were valid insofar as they prevented the election of candidate who came in second in the balloting, and vacancy in the candidacy existed following tabulation of vote, even though deceased was allegedly ineligible to receive election certificate. 21 M.R.S.A. §§ 1093, subd. 1, 1095, subd. 1, 1474. *454 Berman, Berman & Simmons, P. A. by Jack H. Simmons, Lewiston, for plaintiff. Charles R. Larouche, Asst. Atty. Gen., Augusta, for Joseph T. Edgar. Marshall, Raymond & Beliveau by Laurier T. Raymond, Jr., Lewiston, for Rosaire Martel. Before WEBBER, WEATHERBEE, POMEROY, WERNICK and ARCHIBALD, JJ. POMEROY, Justice. This Complaint seeking Declaratory Judgment is brought pursuant to the provisions of 14 M.R.S.A. ss 5951-5963. It is before us on report. On the Complaint and Answer we are to render such decision as the rights of the parties require. The Answer admits all the allegations of fact in the Complaint. It is thus established that Plaintiff Robert Barber was a duly qualified candidate for nomination for the office of © 2006 Thomson/West. No Claim to Orig. U.S. Govt. Works.