351 So. 2d 1134

James PEACOCK, Appellant, v. Willie WISE, Appellee.

No. FF-402.

District Court of Appeal of Florida, First District.

Nov. 18, 1977.

Mayo C. Johnston of Davenport, Johnston, Harris, Gerde & Harrison, Panama City, for appellant.

Stanley Bruce Powell, of Douglass & Powell, Tallahassee, for appellee.

SMITH, Judge.

An 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

AFFIRMED.

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

Peacock v. Wise
351 So. 2d 1134

Case Details

Name
Peacock v. Wise
Decision Date
Nov 18, 1977
Citations

351 So. 2d 1134

Jurisdiction
Florida

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