Joseph Lee v. Anderson County Election Commission, et al - Dissenting

Case Number
E2006-02572-COA-R3-CV

I find nothing in the factual allegations of the complaint that, even if true, would warrant the voiding of this election. As with everything else in life, elections are not perfect. Voters — I suppose for various and sundry reasons, e.g., a long ballot, inexperience in voting, lack of familiarity with the voting machine — stay too long in the voting booth. Furthermore, I am sure that there have been instances in the past when voters reflected their choices on paper ballots even though functioning voting machines were available. The statutes instruct that these things should not happen; but there is nothing in any of the subject statutes to indicate the legislature intended that these violations would warrant the voiding of an election. Furthermore, there is nothing in the complaint even remotely suggesting that, had the various votes in question been cast in strict compliance with the statutes, the election result in this case would have been different. To the extent that Stuart supports the majority opinion in the instant case, I disagree with Stuart — a decision inwhich I  was not involved.

Authoring Judge
Judge Charles D. Susano, Jr.
Case Name
Joseph Lee v. Anderson County Election Commission, et al - Dissenting
Date Filed
Dissent or Concur
This is a dissenting opinion
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