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Robert P. Sommerfeld v. Board Canvassers

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eBook details

  • Title: Robert P. Sommerfeld v. Board Canvassers
  • Author : Supreme Court of Wisconsin
  • Release Date : January 08, 1955
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 72 KB

Description

This is an election contest growing out of the city election in the city of St. Francis, Milwaukee county, held on April 6, 1954, and involves the office of mayor Robert P. Sommerfeld and Paul H. Rainer were the candidates for said office. When the polls closed, the inspectors of election canvassed the vote and certified that Rainer received 1,290 votes and Sommerfeld 1,285 votes. Thereafter the board of canvassers announced the result and a certificate of election was issued to Rainer. On April 15, 1954, Sommerfeld filed a petition for a recount under the provisions of section 6.66, Stats. The board of canvassers reconvened on April 16, 1954, and proceeded to recount said ballots. They rejected 18 absentee ballots cast for Rainer on the ground that said voters had not complied with the last sentence of section 11.59, Stats., which reads: Said envelope shall be mailed by such voter, postage prepaid, to the officer issuing the ballot, or if more convenient it may be delivered in person. They therefore declared that Sommerfeld was duly elected mayor. Rainer then appealed to the circuit court for Milwaukee county from the determination of the board of canvassers. The facts were stipulated. The trial court held that the 18 absentee ballots were proper and should have been counted for Rainer. Judgment was entered on June 2, 1954, in which it was adJudged and decreed that Paul H. Rainer was duly elected the mayor of the city of St. Francis at the election held April 6, 1954, and that since the 7th day of April, 1954, he has been such mayor. Sommerfeld appealed from that judgment.


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