A Treatise On the American Law of Elections

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" was a candidate, parol evidence was inadmissible to prove that ballots bearing the name of " C. Jr. " were intended for "C. Sr. " This for the reason that such ballots were not ambiguous. State v. Steinborn (Wis. ), 66 N. W. Rep. , 798. ] ^ [Montgomery v. O'Dell, 67 Hun, 169. See, also, Sawin v. Pease (Wyo. ), 43 Pac. Rep. , 750. ] 'Commonwealth v. Ely, 4 Wis. , 420; S. C, Bright Elec. Cas. , 258; [Fen- ton V. Scott, 17 Oreg. , 189]. 396 ELECTIONS. [chap. XV. For that oflBce is void. It was a...ccordingly held in People v. Loomis^ that where the number of constables to be chosen was limited to four, ballots containing the names of five per- sons designated as voted for for that oflRce cannot be can- vassed, but must be rejected. " If, " says Nelson, J. , " one elector can cast a ballot containing jf?ue names, he may one of eighty and thus vote (if he chooses to insert the names) for both tickets. It would be impossible for the presiding offi- cers to select the four according to the intention of the voter, and four only should be counted.

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