He seeks to have the election declared void and a new election held. Analysis of election irregularities requires a two-part inquiry. Both prongs of this analysis must be satisfied for the Commissioner to overturn an election. In this appeal, petitioner's primary allegation is that improper electioneering took place. He claims that when he informed the district clerk of the violation, she denied being aware of any restrictions on campaigning at polling places.
Respondents admit that a copy of a political advertisement was found on a table at one polling site.
They contend, however, that the material was destroyed when petitioner brought it to their attention and that only 38 votes had been cast at that time. Petitioner must also produce evidence sufficient to show that the electioneering affected the outcome of the election. Petitioner does not even allege any facts which would tend to suggest that the literature affected the election results. Therefore, the alleged electioneering is no basis for me to set aside the election. Petitioner also contends, and respondents admit, that the aunt of an incumbent served as an election inspector.