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CHRISTENSEN v. DEVANY

No. 18248.

500 N.W.2d 213 (1993)

Todd CHRISTENSEN, Petitioner and Appellant, v. John DEVANY, Martha Davis, Loren Carlson, acting in their capacity as members of the Recount Board for County Commissioners (Clay), and Betty Lynn, Appellees.

Supreme Court of South Dakota.

Decided May 12, 1993.

Attorney(s) appearing for the Case

Patrick Duffy of Bangs, McCullen, Butler, Foye & Simmons, Rapid City, for petitioner and appellant.

John P. Billings of Bogue, Weeks, Rusch and Billings, Vermillion, for appellees.

SABERS, Justice.

In the November 3, 1992 general election for the position of Clay County Commissioner, Todd Christensen (Christensen) received 1,434 votes. Betty Lynn (Lynn), his nearest competitor, received 1,431 votes. Lynn requested a recount.1

The Clay County Recount Board (Board) convened on November 23, 1992 and on December 1, 1992 determined that the 212 ballots cast in the Star/Bethel Township, which had not been stamped...

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