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CARLSON v. OCONTO COUNTY BOARD OF CANVASSERS

No. 00-1788.

240 Wis.2d 438 (2000)

2001 WI App 20

623 N.W.2d 195

Everett CARLSON, Plaintiff-Appellant, v. OCONTO COUNTY BOARD OF CANVASSERS, Respondent-Respondent, Barbara SMITH, Intervenor-Respondent-Respondent.

Court of Appeals of Wisconsin.

Decided December 5, 2000.

Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant, the cause was submitted on the briefs of Aaron M. Krzewinski of Judge Law Offices, S.C., Oconto.

On behalf of the respondent-respondent, the cause was submitted on the brief of Alyson K. Zierdt of Davis & Kuelthau, S.C., Oshkosh.

On behalf of the intervenor-respondent-respondent the cause was submitted on the brief of Vance M. Waggoner, Oconto Falls.

Before Cane, C.J., Hoover, P.J., and Peterson, J.

¶ 1. PETERSON, J.

Everett Carlson appeals the portion of the judgment affirming the findings of the Oconto County Board of Canvassers and declaring his opponent, Barbara Smith, the winner of the election for Oconto County Board of Supervisors, District 20. On appeal, Carlson argues that (1) he does not have the burden of proving that the votes of the challenged electors would have changed the election results pursuant to WIS. STAT. chs. 5-12;

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