Sanner v. Patton

• Citation: 40 N.E. 290,155 Ill. 553
• Parties: SANNER v. PATTON.
• Decision Date: 02 April 1895
• Court: Supreme Court of Illinois

155 Ill. 553

40 N.E. 290

SANNER

v.PATTON.¹

Supreme Court of Illinois.

April 2, 1895.

Appeal from Shelby county court; Truman Ames, Judge.

Proceeding by Shields H. Sanner against Robert A. Patton to contest an election. Defendant obtained judgment. Contestant appeals. Reversed.

Moulton, Chaffee & Headen, for appellant.

Hamlin & Kelley, for appellee.

CRAIG, J.

This was a proceeding instituted by Shields H. Sanner in the county court of Shelby county to contest an election for the office of commissioner of highways of the town of Penn, held on the 3d day of April, 1894, wherein Robert A. Patton had been declared elected. The defendant, Robert A. Patton, put in an answer to the petition, and on the hearing on the pleadings and evidence the court entered a judgment dismissing the petition.

The record in this case shows that Robert A. Patton, the appellee, was nominated for the office of commissioner of highways, and his name placed upon the official ballot; that Sanner's name was not printed or placed on the official ballot; and that no ballot containing his name was furnished the voters at said election. It is expressly stipulated in the record that Patton was the only person nominated as candidate for such office; that Shields H. Sanner was not nominated for said office by any of the modes prescribed by statute; that only one ticket was prepared and printed by the town clerk, as follows:

Image 1 (5.25" X 4.14") Available for Offline Print At the election, 42 ballots were cast. Sixteen of the 42 contained a cross in the large circle on the ticket opposite the word ‘Republican,’ and they were counted for Robert A. Patton. One ballot had no mark in the large circle, but contained a cross in each of the blocks opposite all the names on the ticket, except the first one. It also appeared that 25 ballots were rejected by the judges of election, being in the same form as the 17 above referred to; that 23 had the name of S. H. Sanner written under the name of R. A. Patton, in blank space between said Patton's name and the words ‘For Justice of the Peace,’ and a block and X therein were placed at the left of Sanner's name. It was stipulated in the trial that the 25 ballots were rejected by the judges of election because the name of Sanner was written on the ballots for the office of commissioner of highways; the judges holding that a voter had no right to write Sanner's name on an official ticket, for the reason that he had not been nominated, and that by so doing the ticket was void, and should be rejected by the judges of election in canvassing the votes.

Whether a voter has the right, under the act of June 22, 1891 (Laws 1891, p. 108), to write the name of some person for whom he desires to vote for an office to be filled at the election on the official ballot provided for the voter at public expense, and vote for such person, or whether he is confined to the names printed on the official ballot, is a question not entirely free from difficulty. The first section of the act provides ‘that in all elections hereafter to be held in this state for public officers, except for trustees of schools, school directors, members of boards of education, officers of road districts in counties not under township organization, the voting shall be by ballots printed and distributed at public expense as hereinafter provided, and no other ballots shall be used.’ Section 2 Provides how the printing and delivery of ballots and cards of instruction shall be paid. Sections 3, 4, and 5 provide how candidates may be nominated. Section 6 provides what the certificates of nomination or nomination papers shall contain. Section 7 provides with whom certificates of nomination shall be filed. Section[155 Ill. 559]8 provides a mode by which a candidate may withdraw his name. Section 9 points out the method of filling a vacancy. Section 10 relates to the settlement of objections made to nominations. Sections 11 and 12 relate to filling vacancies and supplying new ballots. Section 13 requires the secretary of state to certify within a specified time, to the county clerk of each county within which any of the electors may by law vote for candidates for office, the name and description of each person, as specified in the certificate of nomination. Section 14 provides ‘that the names of all candidates to be voted for in each election precinct shall be printed on one ballot; all nominations of any political party or group of petitioners being placed under the party appellation or title of such party as designated by them in their certificates of nomination, or if none be designated, then under some suitable title, and the ballot shall contain no other names, except, in case of electors for president and vice-president of the U. S., the names of the candidates for president and vice-president may be added to the party or political designation. * * * On the back or outside of the ballot * * * shall be printed the words, ‘Official Ballot,’ followed by the designation of the polling place for which the ballot is prepared, date of election, and a fac simile of the signature of the clerk or other officer who caused the ballots to be printed. The ballots shall be on plain white paper, through which the printing or writing can not be read. The party appellation or title shall be printed in capial letters, not less than one-fourth of an inch in heoght and a circle one-half inch in diameter shall be printed at the beginning of the line in which such appellation or title is printed. The names of candidates shall be printed in capital letters not less than one eighth nor more than one fourth of an inch in height, and at the beginning of each line in which a name of a candidate is printed a square shall be printed, the sides of which shall not be less than one-fourth of an inch in length. The list of candidates of the several parties and groups of petitioners shall be placed in separate columns on the ballot in such order as the authorities charged with the printing of the ballots shall decide.' Section 15 relates to the printing and furnishing the ballots. Section 20 provides that the judges of election shall have charge of the ballots, and furnish them to the voter on day of election. Section 23 provides as follows: ‘On receipt of his ballot, the voter shall forthwith and without leaving the enclosed space, retire alone to one of the voting booths so provided, and shall prepare his ballot by making in the appopriate margin or place a cross (X) opposite the name of the candidate of his choice for each office to be filled, or by writing in the name of the candidate of his choice in a blank space on said ticket, and making a cross (X) opposite thereto. * * * Provided, however, if he shall desire to vote for all of the candidates of one political party or group of petitioners, he may place such mark at the appropriate place preceding the appellation or title under which the names of the candidates of such party or group of petitioners are printed and the ballot so marked shall be counted as cast for all of the candidates named under that title: provided further that the voter may place such mark at the appropriate place preceding the appellation or title of one party or group of petitioners and may also mark at the appropriate place preceding the name or names of one or more candidates printed under the appellation or title of some other party or group of petitioners and a ballot so marked shall be counted as cast for all the candidates named under the appellation or title which has been so marked except as to the officers as to which he has placed such mark preceding the...