MATTER OF WEINBERGER v. JACKSON


28 A.D.2d 559 (1967)

In the Matter of Theodore G. Weinberger, Appellant, v. Edith Jackson et al., Constituting The Board of Inspectors of Election of the Village of Kensington, et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Second Department.

May 22, 1967


Findings of fact inconsistent herewith are reversed and new findings are made as indicated herein. In our opinion, under the circumstances at bar, the design of the ballots, to wit: a blank parallelogram (a political emblem) adjacent to the square on each line bearing the name of a candidate of the Village Government party, rendered the ballots susceptible to construction by the average voter as an invitation to note his voting mark in either the parallelogram or the square...

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