Reports of Cases Heard and Determined in the Appellate Division of the Supreme Court of the State of New York Volume N . 31

Reports of Cases Heard and Determined in the Appellate Division of the Supreme Court of the State of New York Volume N . 31

By (author) 

List price: US$22.39

Currently unavailable

Add to wishlist

AbeBooks may have this title (opens in new window).

Try AbeBooks

Description

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1898 edition. Excerpt: ..." voting space" at the left of the name of the candidate for whom he desires to vote; and that, in case the X mark is made at the left of the name of the candidate and outside of the " voting space," the ballot must be rejected. In that case, as in this, it was argued thatthe intention of the elector was plain. It was urged that by making the X niark at the left of instead of in the "voting space," he clearly indicated his intention to vote for the person whose name was printed at the right of the mark, but it was held that the intention of the elector not being denoted in the manner prescribed by the statute, the ballot must be rejected. The same rule was held in People ea: rel. Shafer v. jlloody (45 N. Y. Supp. 606) This is not an action in the nature of qua warranto in which evidence may be taken, but it is a proceeding to compel the canvassers to discharge their statutory duties in the mode prescribed by the statute, and to resort solely to the sources and means of information prescribed by the statute. If the mode prescribed by the statute for denoting the elector's intention may be ignored and another mode substituted, the purpose of the law---to provide absolute secrecy for the ballot and prevent interested persons from knowing how particular electors vote, by providing absolute uniformity in the mode by which electors shall indicate their choice of candidates--will be destroyed, and the means frequently adopted for determining how corrupted and intimidated electors vote will not be frustrated, but advanced. The order should be reversed and the writ dismissed, with fifty dollars costs in the court below, and the costs of this appeal. All concurred. Order reversed and writ dismissed, with...show more

Product details

  • Paperback
  • 189 x 246 x 16mm | 540g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236805755
  • 9781236805751