The Resolution of Election Disputes: Legal Principles that Control Election Challenges 302 N.W.2d 440 100 Wis.2d 490, 302 N.W.2d 440 (Cite as: 100 Wis.2d 490, 302 N.W.2d 440) Page 1 Bakke, Bell & Skow, New Richmond, on brief. Supreme Court of Wisconsin. Lillian McNALLY, Agnes A. Nelson, and Martha Johnson, on behalf of themselves and all others similarly situated, Plaintiffs-Respondents-Petitioners, v. Charles TOLLANDER and Burnett County, DefendantsAppellants. No. 78-783. Argued Jan. 5, 1981. Decided March 3, 1981. The Circuit Court, Burnett County, Douglas S. Moodie, J., declared void a county seat removal referendum election, and appeal was taken. The Court of Appeals, Dykman, J., 97 Wis.2d 583, 294 N.W.2d 660, reversed, and appeal was taken. The Supreme Court, Day, J., held that exclusion of 2,578 voters, approximately 40% of the electorate, from casting ballots in county seat removal referendum election so undermined appearance of fairness in election that election must be set aside. Judgment of a Court of Appeals reversed. West Headnotes [1] Counties 55 104k55 Most Cited Cases Exclusion of 2,578 voters, approximately 40% of the electorate, from casting ballots in county seat removal referendum election so undermined appearance of fairness in election that election must be set aside. W.S.A.Const. Art. 3, § 1; Art. 13, § 8; W.S.A. 59.11. [2] Elections 271 144k271 Most Cited Cases In a case where deprivations of the right to vote are so significant in number or so egregious in character as to seriously undermine the appearance of fairness, such an election must be set aside, even when outcome of election might not be changed. W.S.A.Const. Art. 3, § 1; Art. 13, § 8. **441 *490 Thomas D. Bell, New Richmond, argued for plaintiffs-respondents-petitioners; Doar, Drill, Norman, 324 Earl Munson, Jr., and David E. McFarlane, Madison, argued for defendants-appellants; Mary E. Wendorff *491 and La Follette, Sinykin, Anderson & Munson, Madison, on brief. DAY, Justice. This is a review of a decision of the Court of Appeals published at 97 Wis.2d 583, 294 N.W.2d 660 (Ct.App.1980) reversing the judgment of the Circuit Court for Burnett County: DOUGLAS S. MOODIE, Circuit Judge for Douglas County, Presiding. This case presents a challenge to the validity of a referendum election held November 2, 1976, to remove the Burnett county seat from the village of Grantsburg to the town of Siren. Numerous procedural irregularities occurred in the election and approximately forty percent of the registered voters were not given the opportunity to vote. We hold that the deprivation of the right to vote of forty percent of the electorate demands that this Court set aside the election. We reverse the decision of the Court of Appeals. Burnett County is located in northwestern Wisconsin on the Minnesota border. The county seat in the village of Grantsburg in the western part of the county. The idea of relocating the county seat to a more central location has been a subject of discussion in the county for many years. The courthouse in Grantsburg is about seventy-five years old and generally considered inadequate. The jail, also located in Grantsburg was built in 1888. The Wisconsin Department of Corrections had informed the county that it would close and condemn the jail by August 2, 1976. The need for a new jail and courthouse was part of the argument for removing the county seat to the centrally located town of Siren. The removal of a county seat is governed by sec. 59.11, Stats. (1975). [FN1] To initiate the process, sec. 59.11(4), requires that: FN1. "59.11. County seat; change. (1) The county seat shall be fixed and designated by the county board at the first regular meeting after the organiz- © 2006 Thomson/West. No Claim to Orig. U.S. Govt. Works.