He was told that there was no list posted. Upon petitioner's inquiry, the list was obtained from the office next door to the voting place and was posted at that time. The referendum submitted to the voters was approved by a vote of 1188 to 494. This appeal ensued. Petitioner alleges that respondent failed to comply with its legal notice regarding the scheduled referendum which stated that a list of absentee voters would be posted conspicuously at the polling place during the vote.
Petitioner requests a revote on the referendum.
Respondent contends its failure to post the list of absentee voters in a timely manner was a minor irregularity that did not affect the outcome of the vote. However, the purpose of the posting of the list of absentee voters is so that any qualified voter may challenge the acceptance of an absentee voter's ballot. Petitioner does not challenge any of the absentee voters' ballots. As respondent notes, the referendum passed by a margin of 694 votes. Even if petitioner had challenged all of the absentee votes, the result of the vote would remain unchanged.