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IN RE APPEAL OF BOARD OF CANVASSERS

No. 88-0851.

147 Wis.2d 467 (1988)

433 N.W.2d 266

IN RE: APPEAL OF the BOARD OF CANVASSERS OF the CITY OF BAYFIELD, WISCONSIN: William HACKBARTH, Plaintiff-Respondent, v. Edwin ERICKSON, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided November 8, 1988.

Attorney(s) appearing for the Case

For defendant-appellant there were briefs by Michael D. Wartman and Wartman, Wartman & Dallenbach, S.C., Ashland; and Kim Grimmer and Ross & Stevens, S.C., Madison.

For plaintiff-respondent there was a brief by Michael F. Fauerbach and Jacobs, McDonald, Silc, McDonald & Fauerbach, P.C., Ashland.

For intervenor State Elections Board there was a brief by Donald J. Hanaway, attorney general, and Alan Lee, assistant attorney general, Madison.

Before Cane, P.J., LaRocque and Myse, JJ.

LaROCQUE, J.

Edwin Erickson appeals a decision of the circuit court declaring William Hackbarth the winner of the city of Bayfield's mayoral election. Erickson challenges those ballots cast for Hackbarth that also included Hackbarth's name as a write-in for a vacant aldermanic post. The trial court took voters' testimony to determine their intent and declared Hackbarth the winner. We conclude that the electors' intent can be adequately ascertained without resort to...

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