The Montgomery advertiser., 1901-09-24
BLACK v. PATE. Contest of Election to the Office of Sher- if.--Appeal from Probate Court of

OOIteSL OI LleCIlOn to the OTlCe Of. Sner-
 iff.-Appeal from Probate Court of
 Geneva County.
 l. Contest of election: limitations as to institution of contest and amendments. which requires that persons contesting an election must file in the office of the probate judge of the county in which the election was held, within fifteen days af- ed, a statement in writing of the grounds Of contest, verified by affidavit Code, Sec. 169O the statement of contest can not be amended by the addition of a further ground of contest after the lapse of fifteen days from the time the result Of the election Is declared.
 Z. Same, not competent to prove for whom an elector Voted.-In accorda nee requiring that voting shall be by official secret ballot, it is not competent to ask a witness in a proceeding to contest an election. for whom he cast his ballot sn long as such witness has not waived the secrecy enjoined by statute. This the voter may do because the privilege is personal to him.
 3 Same; same.-The secrecy required by statute in reference to person for whom an elector votes, is not applica- ble to one who has violated the law by young when he has no right to do SO and, therefore, the disqualification of such person may be proved as an inde. pendent fact and as a predicate for show. ing for whom he voted.
 cclAACt SuIIllSSlDlllIy OI evidence. how incompetency shown-The fact thai one who has voted at an election was not qualified to vote, may be shown by clrcumstances as well as by direct evi. may be testified to as indicative of age but his declarations made after tho election as to his qualification, are not admissible in evidence.
 D. Same; same; Same.-In a proceed ing to contest the election to an office where one of the grounds of the contest Is that illegal votes were cast by the contestee. the facts that persons whC voted in said election came into the pre-. clnct, wherein they voted with a con tractor and engaged in temporary work such as building railroad. and were not seen in said precinct after the work was homes in said precinct than the tenn porary camps, areS circumstances which may be proved as hearing upon the quaI- itications of such voters.
 6. Same: same same.-After proper Identification, registration lists and poll lists used in an election are admissible as evidence when the contents tend to establish facts material to the issues in- volved in the contest; and such lists may also be used as memoranda when necessary to refresh the memory of a witness to such facts. when it is shown that the witness made the lists and knew of it's correctness.
 7 Same; same; same.-In a proceed ing to contest an election to office, wher IL mas been eStdDlSneQ that particular elector is not legal voter, any person having requisite knowledge may testify as to whom such elector voted for and the voter himself may be required tC testify on that subject, unless he claims the privilege of refusing to criminatt himself
 g. Same; same: same--In a proceedine to contest an election to an office, where it is tablished that a certain designat. ed voter was not a legal voter his dec. larations and conduct about the time o1 and recently before casting his ballot the facts material to the issue involved In the contest.
 g. Same; how ballot should be mark. ed.-Under the statute which provide, but one way in which the voter may in dicate his choice of candidates, anC which authorizes the counting of ballot, for those persons only before whose names a cross mark shall have beer made" Code, Secs. 1922, l63S). where in, cross mark is made on the right hand side of the ticket and after the name o candidate, such ballot should be re, jected and not counted for the persor opposite whose name the mark wa. made
 10. Same; permissible to establish two voting places in one precinct.-The stat ute which provides that the court house is the place of holding elections in tn, precinct in which it is instituted Code Sec: l5SD is not exclusive; and under the statute which authorizes the court oi county commissioners to establish two places Of voting in the same election pre- cinct, when 1t is deemed necessary to tho convenience of the voters therein it is no objection to the counting of ballots cast at another place in the court house precinct than at the court house wheT it is shown that such other voting place was duly established by the commission