Wyman v. Lemon

Mabk on Ballot Cast at Election.—If the elector uses ink to scratch names from his ballot and by that means the ballot becomes discolored, such discoloration is not a mark upon the ballot which will authorize the judges of election to refuse to count the vote. Idem.—Such mark is not a mark on the ballot designed to distinguish it from other ballots, or to impart knowledge of the person who voted it.

Appeal from the County Court of Solano County. Wyman and Lemon were candidates for the office of county treasurer of the county of Solano, at the general election in the fall of 1875. The canvass of the returns by the Board of Supervisors gave Wyman one thousand six hundred and thirty votes, and Lemon one thousand six hundred and thirty-three votes. Lemon received the certificate of election and Wyman commenced an action in the County Court contesting the election. Ballots were counted for Lemon upon which the elector had scratched other names with ink, and the ink thus used had discolored the ballot. Wyman objected to these votes being counted, and relied on sections 1206 and 1207 of the Political Code as authority to sustain his objection. These sections provide that when any ballot found in a ballot-box bears upon it, or upon the outside thereof, any impression, device, color, or thing, designed to distinguish such ballot from other ballots, or to impart knowledge of the person who voted such ballot, it shall be rejected. The court confirmed the election of Lemon and Wyman appealed.