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) greater number of ballots in the box than appears in the election register, the judges are required to withdraw from the box those ballots which are not initialed by the judges and to preserve but not count such ballots. Parker & Olsen, Cambridge, for appellant. Dablow & Johnson, Cambridge, for respondent. OPINION MURPHY, Justice. This is an appeal from a judgment of the district court growing out of an election contest by which it was determined that Charles E. Johnson *469 was elected auditor of Isanti County by a margin of 2 votes. The issue presented must be resolved by interpretation of Minn.St. 204.20,[FN1] which relates to election procedures to be followed with reference to ballots not properly marked by the judges under circumstances where the ballots cast are in excess of the number found in the election register. FN1. Minn.St. 204.20 provides: 'Subdivision 1. The judges shall remove all the ballots from the box, and without considering how the ballots are marked they shall ascertain that each ballot is single, and count them to determine whether the number of ballots corresponds with the number that the election register or registration file shows were cast. 'Subd. 2. If two or more ballots are found so folded together as to appear like a single ballot, the judges shall lay them aside until all of the ballots in the box have been counted, and if it is evident from the number that the election register or registration file shows were cast that the ballots folded together were cast by one voter, the judges shall preserve but not count them. If there is an excess of ballots in one box, the judges shall examine all the ballots in the box to ascertain that all are properly marked with the initials of the judges, and if any are not so marked, they shall preserve but not count them. If there is still an excess of properly marked ballots, the judges shall replace them in the box, and one judge, without looking, shall withdraw from the 302 Page 2 box a number of ballots equal to the excessive number, and the withdrawn ballots shall be preserved but not counted. 'Subd. 3. If the judges find ballots in a ballot box that are different from the kind properly belonging therein, they shall lay the different ballots aside. If the number of ballots in any box equals or exceeds the number that the election register or registration file shows were cast, then ballots proper to have been placed therein, but found in another box, may not be counted. But if the number is less than that shown by the election registers or registration file, and ballots properly belonging in that box are found in another box, they shall be counted the same as those in the proper box, but only to the extent of the deficiency and selected by lot when necessary. 'Subd. 4. When the number of ballots as finally counted agrees with the number that the election register or registration file shows were cast, those ballots not counted shall be attached to a certificate made by the judges, stating why the ballots were not counted, and the certificate and uncounted ballots shall be sealed in a separate envelope and returned with the other returns to the officer from whom they were received.' In the general election held in Isanti County on November 8, 1966, *470 Charles E. Johnson opposed Frank Trnka, the incumbent, for the office of county auditor. The Isanti County Canvassing Board declared Trnka to be the winner by a vote of 2,543 to 2,539. [1][2] In the contest which followed, the court ordered an inspection of the ballots, **187 as a result of which certain errors were found. We think that the trial court correctly disposed of all of the issues except those relating to the questioned ballots which were marked exhibits A17, A18, A19, A20, B2, and B3. These ballots were not properly initialed by the election judges, as required by Minn.St. 204.05, subd. 1, which provides: 'Before the voting begins, or as soon thereafter as possible, two judges shall place their initials on the backs of all the ballots they have, directly under or opposite the © 2006 Thomson/West. No Claim to Orig. U.S. Govt. Works.