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)
This interpretation is consonant with views expressed in
Truelsen v. Hugo, supra, where the court discussed the predecessor statute which contains practically the same provisions.[FN2]
FN2. The only significant change in Minn.St.
204.20, subd. 2, is that the phrase, 'properly
marked ballots,' has been added in the last sentence
relating to disposition of uninitialed ballots.
Since the 6 uninitialed ballots should not have been counted,
it would appear that the election resulted in a tie vote. Accordingly, the judgment is reversed and remanded for further proceedings provided by statute.
Reversed and remanded.
UPON APPEAL FROM CLERK'S TAXATION OF
COSTS
PER CURIAM.
[8] Because of the nature of this appeal, which involves
meritorious claims of both contestant and contestee following an election contest, this court exercises its discretion
(Minn.St. 607.01; Oehler v. Falstrom, 273 Minn. 453, 461,
142 N.W.2d 581, 587) and determines that the costs and disbursements incurred shall be shared equally by the parties.
277 Minn. 468, 154 N.W.2d 185
END OF DOCUMENT
304
© 2006 Thomson/West. No Claim to Orig. U.S. Govt. Works.
Page 4
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents