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MOSIER v. GILMORE

No. 17468.

635 P.2d 55 (1981)

Donald L. MOSIER, Plaintiff and Respondent, v. Howard M. GILMORE, Defendant and Appellant.

Supreme Court of Utah.

July 23, 1981.

Attorney(s) appearing for the Case

K.L. McIff, Richfield, for defendant and appellant.

Russell L. Mahan, Springville, for plaintiff and respondent.

OAKS, Justice:

In this appeal, we must decide who was elected sheriff of Garfield County on November 4, 1980. The outcome turns on the significance of 24 ballots that were marked for both candidates. All statutory references are to Utah Code Annotated, 1953, as amended.

Candidate Gilmore defeated incumbent Mosier in the Republican primary, and his name was the only one printed on the November ballot for the office of sheriff (for the remaining two years of...

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