JAMES PEACOCK, APPELLANT,
v.
WILLIE WISE, APPELLEE
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SMITH, Judge.
An appeal from a judgment declaring all absentee ballots invalid in a party primary in Calhoun County and ousting appellant from the office of clerk of the circuit court as a result. The trial court’s conclusion that at least 25 absentee ballots were void because the ballot and “application for absent elector’s ballot” were mailed to the supervisor of elections in the same envelope, Section 101.67(3), Florida Statutes (1975), is supported by substantial competent evidence. The trial court properly ruled that all absentee ballots would not be counted. “[WJhere the number of invalid absentee ballots is more than enough to change the result of the election, then the election shall be determined solely upon the basis of the machine ballot.” Boardman v. Esteva, 323 So. 2d 259, 268 (Fla.1975), app. dism., 425 U.S. 967, 96 S.Ct. 2162, 48 L.Ed.2d 791 (1976). The judgment is
AFFIRMED.
MILLS, Acting C. J., and ERVIN, J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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In re THE Matter OF THE Protest OF Election Returns & Absentee Ballots IN the November 4, 707 So. 2d 1170 (Fla. 3d DCA 1998)…und that, as a result thereof, “the integrity of the election was adversely affected.” Based on our review , of the record, there was certainly ample evidence of fraud to support the findings of the trial court’s Final Judgment. See Peacock v. Wise, 351 So. 2d 1134 (Fla. 1st DCA 1977); see also generally Wald v. Shenkman, 664 So. 2d 10 (Fla. 3d DCA 1995); Estate of Gimbert v. Lamb, 601 So. 2d 230 (Fla. 2d DCA 1992). We are confronted with the question of whether the trial court erred in finding that the remed…1 / 3
Authorities Cited
- Boardman v. Esteva, 323 So. 2d 259 (Fla. 1975)
- Cash v. Mathews, 425 U.S. 967 (U.S. 1976)
- United States v. Beattie, 425 U.S. 967 (U.S. 1976)