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BURGE v. TIBOR

No. 9607.

397 P.2d 235 (1964)

Ray O. BURGE, Petitioner, v. Thomas V. TIBOR, Lydia Doering, Vernafern Barnard, constituting the Recount Judges, Precinct #1, Power County, State of Idaho, and George L. England, H. C. Misenhimer, Homer Kress, constituting the Board of County Commissioners, Power County, State of Idaho, and Allan G. Shepard, Attorney General, State of Idaho, Respondents.

Supreme Court of Idaho.

December 4, 1964.

Attorney(s) appearing for the Case

William J. Dee, Grangeville, for petitioner.

O. R. Baum, Ben Peterson and John B. Kugler, Pocatello, for respondents elections judges and county commissioners.

Allan G. Shepard, Atty. Gen., and M. Allyn Dingel, Jr., Boise, Asst. Atty. Gen., for respondent Allan G. Shepard.

TAYLOR, Justice.

This is an original proceeding brought by petitioner for a writ of mandate to compel the respondents, the recount judges in precinct No. 1 in Power county, the county commissioners of Power county, and the attorney general, to open and count the absentee ballots of two of the electors of that county and precinct.

On or about October 30, 1964, pursuant to application therefor, the auditor of Power county mailed absentee ballots with return...

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