Peacock v. Wise

District Court of Appeal of Florida

Decided November 18, 1977

District Court of Appeal of Florida · decided 1977-11-18

Cited by 1 later decisions — most recently March 1998

1 state decisions

Key passage — most relied on by later courts

“[T]he general rule is that where the number of invalid absentee ballots is more than enough to change the result of an election, then the election shall be determined solely upon the basis of machine vote.”

quoted by 1 later decision, including In Re Protest Election Returns and Absentee Ballots 4, 1997 Election for City of Miami

Relies on 323 So. 2d 259 - Boardman v. Esteva · Newman v. Henderson

Good law ✅— No negative treatment on recordhow we know

Decided 1977-11-18

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SMITH, Judge.

¶1An appeal from a judgment declaring all absentee ballots invalid in a party primary *1135in 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. “[WJhere 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

¶2AFFIRMED.

MILLS, Acting C. J., and ERVIN, J., concur.