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Election Inspectors Have Judicially Reviewable Discretionary Authority To Determine The Validity Of Proxies (Casenote), George Lee Flint Jr

Faculty Articles

The Salgo court held that an election inspector, in a corporate proxy vote, was empowered with discretion to determine the validity of votes through a review of the transfer books. This decision marked a change from the standard course of American cases, which previously confined the inspector’s ability to a strict ministerial duty. An inspector’s discretion to review votes was limited under this interpretation. By limiting his inquiry to the transfer books, Salgo allowed the inspector to determine the validity of votes, but not who could vote.

Although the court did not apply the broader view of granting the inspector …