This case has been cited 1 times or more.
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2010-03-25 |
PEREZ, J. |
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| We must re-affirm the rule that no ballot shall be discarded as marked unless its character as such is unmistakable. Distinction should be made between marks that were accidentally, carelessly or innocently made, and those designedly placed thereon by the voter with a view to possible identification of the ballot, which, therefore, invalidates it. In the absence of any circumstance showing that the intention of the voter to mark the ballot is unmistakable, or of any evidence aliunde to show that the words were deliberately written to identify the ballot, the ballot should not be discarded.[10] (Emphasis supplied) | |||||