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BAZYDLO v. VOLANT

No. 3-94-0027.

636 N.E.2d 1107 (1994)

264 Ill. App.3d 105

201 Ill.Dec. 675

Paul BAZYDLO, Petitioner-Appellee, v. Harry VOLANT, Village of Ladd Canvassing Board, and Tom Velon, County Clerk of Bureau County, Respondents, and Harry Volant, Respondent-Appellant.

Appellate Court of Illinois, Third District.

June 28, 1994.

Attorney(s) appearing for the Case

Thomas L. McClintock (argued), J. Paul Aplington, Aplington, Kaufman, McClintock, Steele & Barry, LaSalle, for appellant.

Mathias W. Delort and Denise K. Filan (Odelson & Sterk, Ltd., of counsel), Evergreen Park, for appellee Paul Bazydlo.

Scott Madson, Asst. State's Atty., Princeton, for appellee Tom Velon.

Justice LYTTON delivered the opinion of the court:

The issues presented in this election contest are whether the evidence supports an inference that 28 uninitialed election ballots had been cast by absentee voters, and, if so, whether those ballots should have been counted in the electoral results. The trial court excluded the uninitialed ballots from the election count, and as a result, petitioner Paul Bazydlo (Bazydlo) was declared the winner of the election over...

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