(DOWNLOAD) "Stabile v. Osborne" by Court Of Appeals Of Kentucky ~ Book PDF Kindle ePub Free
eBook details
- Title: Stabile v. Osborne
- Author : Court Of Appeals Of Kentucky
- Release Date : January 18, 1949
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 52 KB
Description
STANLEY, Commissioner. An election was held last November to fill an unexpired term in the office of Coroner of Jefferson County. The tabulation of the voting machines gave Dr. Vincent Stabile, Democrat, a majority of 31 over Dr. Paul Osborne, Republican. The totals were 67,739 and 67,708, respectively. When the count of the ballots of absentee voters had been added, the result was a majority of 119 for Dr. Osborne, and the certificate of election was issued to him. Dr. Stabile challenges the legal right to count any of these ballots. A demurrer to his petition as amended was sustained and his petition of contest dismissed. The petition charges specifically the failure of the County Clerk and the Board of Election Commissioners to perform in the manner prescribed any of the duties imposed upon them by KRS 126.270(1, 3) relating to the handling and counting of absentee voters' ballots. On this appeal the argument is confined to the failure of both the County Clerk and a member of the Board of Election Commissioners to write their respective names on each ballot and of the Commissioners to detach the secondary stub from any of them before they were placed in the box. It is further charged that every ballot was exposed to the view of the officers and their clerical aids with the secondary stub attached, thereby revealing for whom every absentee had voted. The contestant prayed that all of these ballots be disregarded and that he be declared elected.
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