Remley v. Sadlon

Sullivan, J. A. D.

(concurring). I concur in the foregoing opinion. Were I the trial judge, I would not have invalidated ballot P-1, since I am not satisfied that the voter intended to identify or distinguish the ballot. The cross (X) superimposed upon a plus (-[-) might well have been an honest attempt to comply with the voting instructions. However, I recognize that the question is factual, and I am not prepared to say that the trial judge’s finding is erroneous.