Summary
holding that the trial court was correct in declaring all absentee ballots invalid and ousting the appellant from the office of clerk of the circuit court as a result, based upon the machine vote
Summary of this case from In re Matter of the ProtestOpinion
No. FF-402.
November 18, 1977.
Appeal from the Circuit Court, Calhoun County, Woodrow M. Melvin, J.
Mayo C. Johnston of Davenport, Johnston, Harris, Gerde Harrison, Panama City, for appellant.
Stanley Bruce Powell, of Douglass Powell, Tallahassee, for appellee.
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. "[W]here 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.