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ROTH v. LAFARGE SCHOOL DIST. BD. OF CANVASSERS

No. 02-0542.

259 Wis.2d 349 (2002)

2002 WI App 309

655 N.W.2d 471

Patricia H. ROTH, Petitioner-Respondent, v. LAFARGE SCHOOL DISTRICT BOARD OF CANVASSERS, Respondent-Respondent, Gail J. MULLER, Third Party-Petitioner-Appellant.

Court of Appeals of Wisconsin.

Decided November 21, 2002.

Attorney(s) appearing for the Case

On behalf of the third-party-petitioner-appellant, the cause was submitted on the briefs of George C. Wilbur of LaFarge.

On behalf of the petitioner-respondent, the cause was submitted on the brief of Christopher J. Blythe of Lawton & Cates, S.C. of Madison.

On behalf of the respondent-respondent, the cause was submitted on the brief of David L. Jenkins of Jenkins and Stittleburg of Viroqua.

Before Vergeront, P.J., Dykman and Deininger, JJ.

¶ 1. DYKMAN, J.

This is an appeal from a judgment declaring that a school referendum passed by one vote. Gail Muller, a qualified voter of the district, contends that the trial court improperly disqualified a ballot which "looked erased" from the recount of votes cast. We conclude that WIS. STAT. § 7.50(2)(c) (1999-2000)1 defines an intent to vote whenever there is a mark in the space opposite the name of a candidate. We therefore...

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