No. 25737. Reversed and remanded. Opinion filed December 12, 1940. Rehearing denied February 5, 1941. APPEAL from the County court of Sangamon county; the Hon. MAURICE E. BARNES, Judge, presiding. ROSCOE BONJEAN, and OMER D. McLAREN, for appellant. Mr. JUSTICE WILSON delivered the opinion of the court: On April 4, 1940, an election was held for the office of highway commissioner of Springfield township, in Sangamon county. The result of the canvass of the votes was that William Kunz, Jr., the nominee

File No. 8106. Opinion filed February 25, 1938. 1. Elections. A ballot cast at a general election should not be rejected because marked with a green pencil, as the statute does not specify the color of the pencil (Rev. Code 1919, § 7241, as amended by Laws 1925, c. 160). 2. Elections. Ballots on which there are erasures apparently made by the voter in attempting to correct an error in voting cannot be counted, as the voter should return a spoiled ballot and obtain another (Rev. Code 1929, § 7272)

No. 26,594. Filed December 22, 1936. 1. ELECTIONS — Contest — Evidence — Admissibility of Ballots — Question of Preservation. — Where there was evidence that the clerk's office had been broken into and boxes containing the ballots had been opened, but no evidence any ballots had been tampered with, whether the ballots had been changed to defeat their admissibility as evidence was a fact question for the trial court p. 643. 2. ELECTIONS — Contest — Ballots — Distinguishing Marks — Inadvertant Irregularities