SEYMOUR, Justice.
This contest results from a city election held January 12, 1953 in Alamogordo, New Mexico, for the office of City Commissioner for District No. 2. Twenty-seven ballots, counted and canvassed for appellant-contestee Carter, were marked by placing a check mark, i.e. (✓) inside the square opposite that candidate's name. The election laws of New Mexico specify that a cross be used in marking ballots and define that cross as follows:
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