Randy T. Welch v. Scripto-Tokai

STANLEY, Commissioner. Alton Mitchell petitioned the Edmonson Circuit Court to count the ballots cast at the recent primary election in the race for the Republican nomination for membership in the House of Representatives. It had been found by the election commissioners that his opponent, L. A. Demunbrun had received four more votes than he. The court recounted the ballots cast in Edmonson County, but upon proof that the County Clerk of Butler County had not taken the ballot boxes into his custody after the original count, because he had been a candidate for office in the same election, but had permitted the janitor of the courthouse to take charge of them, the court was of opinion that as they had never been in the custody of the officer charged with the duty of preserving them, the integrity of the ballots was not established. The court adjudged that the petition for a recount should be dismissed, and Mitchell was granted an appeal.