Sizemore v. Henson

This is an election recount proceeding involving the office of jailer in Clay County, voted on at the last November 3rd general election. The race was very close and after a recount of the ballots by the circuit court, it was adjudged that Tom J. Henson was elected by a majority of three votes over his opponent J. M. Sizemore. The latter appeals. Something over 100 ballots are in controversy. In order that the questions concerning these ballots may be more fully understood, we are printing a copy of one of them (omitting the constitutional amendments printed thereon). This particular ballot is discussed under subdivision 1 of this opinion. There are five groups of ballots involving 70 votes which were either counted for Henson or counted for no one, and all of which Sizemore claims were erroneously counted.