Some of the applicable cases are collected in Annotation, 155 A.L.R. 677. Others include In re Contest of Election of Vetsch, 245 Minn. 229, 71 N.W.2d 652; In re Donahay's Contested Election, 21 N.J. Misc. 360, 34 A.2d 299; Brooks v. Crum, 216 S.E.2d 220 (W.Va.); Terry v. Sencindiver, 153 W. Va. 651, 171 S.E.2d 480. See also State v. Community School District of St. Ansgar, 247 Iowa 1167, 1178, 78 N.W.2d 86, 93 (citing with apparent approval quotation from 18 Am.Jur. Elections §§ 224-225 at 330-331, indicating that when illegal votes taint legal ones, and they are inseparable, vote of entire election district may be rejected); Brooks v. Fay, 206 Iowa 845, 220 N.W. 30 (recognizing right of legislature by statute to set aside entire precinct under some circumstances); 26 Am.Jur.2d Elections § 392 at 116; 29 C.J.S. Elections § 127 at 368. Compare Akizaki v. Fong, 51 Haw. 354, 461 P.2d 221, with Haggard v. Misko, 164 Neb. 778, 83 N.W.2d 483.
It is a little absurd to believe anyone could tell from these twelve absent-voters' ballots "how the election was going" in a precinct where 818 votes were cast. And the only activity of the "worker" who was "rushed in" is the single incident where incumbent's relative solicited a vote from one who had already voted. Such evidence is wholly insufficient to establish misconduct on the part of the election judges "sufficient to change the result" within the provisions of section 981 (1), Code of 1939. Brooks v. Fay, 206 Iowa 845, 220 N.W. 30. [2] II. Contestant next argues that the trial court erred in refusing to admit in evidence the tallies on certain voting machines used in the election.