Webster v. Byrnes

Voter’s Name must be on Poll List.—Under the Registry Act, a vote is illegal where the name of the elector is not on the poll list of the Election Precinct where the vote is cast on the day of the election.

Idem.—Where a name had been entered on a precinct poll list, but at the - final sitting of the Board of Registration, as required by the twenty-fourth section of the Registry Act, had been erased by said Board : held, that the result was the same as if such name had never been on the poll list.

Qualifications of Voters under Registry Act. — The questions arising for decision under the Registry Act by the Election Board, when a vote is proffered, are, first, Is the person offering to vote a qualified elector of the precinct where the vote is offered ? and, second, Is his name, at the time, on the Great Register and on the poll list ? Both questions must be answered in the affirmative by the Board, or the vote should be rejected.

Counting Votes not Cast.—It was manifest error for the County Court, when trying a contested election case, to allow to one of the contestants votes not in fact received, although offered to and rejected by the Election Board ; and this, whether the proffered votes were properly or improperly rejected.

Error without Prejudice.—The respondent has, in all cases, a right to show that the appellant was not prejudiced by the error complained of; and where the Court below rejected an equal number of votes cast for each contestant, upon a state of facts equally applicable to each voter, the error, if such it was, is rendered immaterial.

Idem—Statement of Facts on Appeal in Contested Election Case.—On appeal from a judgment rendered in a contested election case, where the appellant assigns as error the improper rejection by the Court below of votes cast in his favor, and a statement is made part of the record on appeal, it is competent for the respondent, by way of amendment thereto, to incorporate in the statement the fact that other votes cast for him were likewise erroneously rejected by the Court below.

Idem.—It is the policy of the law, that actions to contest elections should be summary, and to that end it is proper, in case of appeal, that the whole case should be taken to this Court for final decision, if possible.