The voters' choices in the present case are manifest and their ballots were rejected for a technical error, contrary to the provisions of paragraph nine, supra. See Whitacre v. Waggoner, 133 Ohio St. 409, 413, 14 N.E.2d 22. The judgment of the Court of Common Pleas is reversed and final judgment is entered for the appellant.
The authorities are in accord with this interpretation. Counsel for the respondents cite, as supporting their position, the cases of Devine v. State, ex rel. Tucker, Jr., 105 Ohio St. 288 136 N.E. 922, and Whitacre v. Waggoner, 133 Ohio St. 409, 14 N.E.2d 22, wherein this court held that statutory requirements that an elector in marking his ballot must do so by black lead pencil were mandatory. There was good reason for such holdings, the purpose being to sustain the purity of the ballot by preventing an identification of ballots. In the case of State, ex rel. Cooper, v. Roth; 140 Ohio St. 377, 44 N.E.2d 456, cited by counsel for respondents, this court held that the provisions of Section 4207, General Code, were mandatory, which section provides that, with certain exceptions, a member of council shall not hold any other public office or employment and when a member of council ceases to possess any of the required qualifications he shall forthwith forfeit his office.