People ex rel. Freund v. Burden
Synopsis
When Recount oe Ballots by Supervisors is not Best Evidence.— If there is evidence tending to show that the ballots cast at an election are not sealed up after being counted by the Board of Canvassers, or that the packages of ballots have been opened and changed after they were received by the Clerk, the ballots, on a recount by the Board of Supervisors, are not the best evidence, but the Court may adopt the result arrived at by the Board of Canvassers in determining who is elected.
By the Court: The Court below found that the respondent received a majority of the votes cast for the office of Coroner, and was, therefore, elected. There was some evidence tending to show that some of the packages of ballots had been opened and changed to some extent after they were received by the County-Clerk. It also appeared that the ballots from one of the precincts were not sealed up as required by law. In view of these facts we cannot say that the Court erred in its finding.
Judgment affirmed.
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