Waterman v. Cunningham
Waterman v. Cunningham
Opinion of the Court
Bill in equity to determine whether plaintiff or defendant was elected councilman of Belfast. The printed ballots contained the names of a candidate for mayor, for aldermen and two councilmen, and other officers. The candidates for two councilmen as printed on the ballot, were Edgar M. Cunningham, and under that name was that of William W. Cates. A blank space, as required by law, was left under the last name. Certain ballots were cast, with a sticker, so-called, on which was printed the name of the plaintiff. This sticker was placed on the ballot over the name of the defendant. The question is whether such ballot was legal, (being regular in all other respects,) and entitled to be counted for the plaintiff.
The statute of 1891, c. 102, § 10, provides that in the ballots
Nothing is left to intendment. To entitle the vote to be counted, the cross (x) must be made at the place designated by the statute. Curran v. Clayton, 86 Maine, 42. To vote for a person not printed on the ballot, the person must erase the printed name to which he objects, and under the name so erased fill in the name he desires. No other mode is allowed by the statute. Its provisions are plain and specific, and if not followed the vote cannot be counted. In this case, the upper printed name of candidate for councilman was covered by a slip on which was printed the name of the plaintiff. If this could be considered an erasure of the printed name, it cannot be regarded as a filling in of plaintiff ’s name under the name so erased. We are not at liberty to seek for the intention of the voters who cast these ballots. They did not conform to the plain and specific directions of the statute, and were therefore defective and could not be counted. Rejecting these votes, the defendant was duly elected, and he should receive a certificate of election.
Bill dismissed without costs.
Reference
- Full Case Name
- Charles H. Waterman v. Edgar M. Cunningham
- Status
- Published