JENSEN v. TURNER

NO. 3016.

40 Haw. 602 (1954)

Alfred JENSEN, a Duly Registered Voter of the City and County of Honolulu, Territory of Hawaii, v. Farrant L. Turner, Secretary of the Territory of Hawaii, and Leon K. Sterling, Sr., Clerk of the City and County of Honolulu, Territory of Hawaii; and Gilbert Ogata, Jitsuo Ono and Masanobu Nakasone, the Duly Appointed Inspectors of Elections of the 25TH Precinct, 5TH Representative District.

Supreme Court of Hawaii..

Argued October 29, 1954.

Decided October 29, 1954.


Attorney(s) appearing for the Case

A.K. Trask (also on the briefs) for plaintiff-appellant.

C.R. Ashford, Deputy Attorney General (E.N. Sylva, Attorney General, with him on the briefs), for defendants-appellees.

TOWSE, C.J., STAINBACK, J., AND CIRCUIT JUDGE HEWITT IN PLACE OF LE BARON, J., ABSENT.


Per Curiam.

This is an appeal by the plaintiff-appellant under Rule 76 of the Hawaii Rules of Civil Procedure from a declaratory judgment decreeing as follows:

"(1) That plaintiff and all other duly registered voters in the Territory of Hawaii, whether in precincts in which voting machines are used or in precincts in which voting machines are not used, do not have the right to cast an irregular or write-in ballot as prepared by the clerk pursuant to...

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