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W. G. WYMAN v. JOHN B. LEMON

         We claim that these tickets are obnoxious to no provision of the Political Code, for they contain nothing showing what person or class of persons voted them. (Sec. 1197, Pol. Code.) They bore no impression or mark designed, or that could distinguish them from other legal ballots voted that day. There is nothing from which the Board could infer an intention to designate or impart knowledge of the person who voted either of them. They only bear evidence of the intelligent exercise of the voter in the use of his ballot in a legitimate and proper way.

         OPINION          By the Court:

         The " impression, device, color or thing ," which, if borne on the outside of the ballot, must, under the provisions of the Political Code, cause its rejection, must be " designed to distinguish such ballot from other legal ballots ." The discoloration appearing upon the ballots counted for the respondent here is not shown, nor does it appear to have been " designed ," but resulted from the use of ink by the elector in scratching his ballot. The use of ink for that purpose is expressly permitted to the elector by the Code, and the discoloration of the ballot, which naturally ensued from its use, cannot be held to have deprived him of his vote.

         Judgment affirmed.

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Wyman v. Lemon
(Jan 1, 1876)