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ROBERTS v. BOARD OF ELECTIONS

M. P. No. 1198.

129 A.2d 330 (1957)

Dennis J. ROBERTS v. BOARD OF ELECTIONS et al.

Supreme Court of Rhode Island.

Opinion February 13 as of January 1, 1957.

Attorney(s) appearing for the Case

John G. Coffey, Providence, Michael DeCiantis, West Warwick, John T. Walsh, Providence, for petitioner.

Stephen F. Achille, Providence, for respondent Board of Elections.

Alfred H. Joslin, Edward L. Godfrey, Edward V. Healey, Jr., Hinckley, Allen, Salisbury & Parsons, Tillinghast, Collins & Tanner, Albert A. Nutini, Harold H. Winsten, Providence, for respondent Christopher Del Sesto.

DECISION.

Jan. 1, 1957.

The majority of the court have agreed that, even assuming by extreme liberality there was in existence a valid statute giving the board of elections the right to count civilian absentee and shut-in votes so called, such statute cannot constitutionally and legally be extended to authorize such civilian absentee and shut-in voters to cast their ballots on any day other than election day, November 6, 1956.

On that view the...

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