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STURGIS v. NEENAH BOARD OF CANVASSERS

No. 89-0912.

153 Wis.2d 193 (1989)

450 N.W.2d 481

Harrison STURGIS, Jr., Petitioner-Appellant, v. TOWN OF NEENAH BOARD OF CANVASSERS, and Sally Keating, Candidate, Town of Neenah Town Chairman, Respondents, STATE ELECTIONS BOARD, Intervenor.

Court of Appeals of Wisconsin.

Decided November 1, 1989.

Attorney(s) appearing for the Case

On behalf of the petitioner-appellant, the cause was submitted on the briefs of Thomas A. Plein and Russell J. Reff of Engler, Flanagan, Reff, Baivier & Bermingham, S.C. of Oshkosh.

On behalf of the respondents, Town of Neenah Board of Canvassers, the cause was submitted on the brief of Jeffrey F. Snyder and James T. Prosser of Cummings, Snyder, Hanes & Wiegratz, S.C. of Neenah.

On behalf of Sally Keating, a letter brief was filed by Sally Keating, pro se.

On behalf of the intervenor, State Elections Board a brief was filed by Donald J. Hanaway, attorney general and Alan Lee, assistant attorney general.

Before Brown P.J., Scott and Nettesheim, JJ.

NETTESHEIM, J.

This is a review of the validity of twenty-five ballots cast in the election for Neenah Town Chairman. The Neenah Board of Canvassers invalidated these twenty-five votes for write-in candidate Harrison Sturgis, Jr., and declared Sally Keating the winner by ten votes. The board of canvassers invalidated the disputed ballots because stickers bearing Sturgis' name were pasted on the face of the ballots by voters...

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