Montana Attorney General Opinion 15-146

Opinion No. 146 Elections-Schools -Candidates-Idem Sonans-Ballots-Names, Spelling of. HELD: The doctrine of "Idem Son- ans" applies to names "written in" on the ballots in a school election, and when a majority of the judges are sat- isfied as to the intent of an elector to vote for a particular calHlidate such irregularities as nlls-spelling are im- material. 110 OPINIONS OF THE ATTORNEY GENERAL April 10, 1933. You ha"e requested an opinion from this office on the following question. ':l,'rank Gotchell is a candidate for school trustee. His name does not ap- pear upon the ballot but is written in hy some of the electors. On one bal- lot his name is written as ']i'ruk Go- cha', on another as 'l!~rank Gosel', on another 'Frank Galch' and on another as 'E'rank Golchel,' on another as 'Gu- totch', on another as 'Gotchel', and on se,'eral others only the last name ap- pears. There is only one person in the town and county by the name of Got- chelL" 'Ve are of the opinion that the rule of 'Idem Sonans' would apply. "'Vhere two names are spelled differently, but sound alike in their pronunciation, they are regarded as the same, under the doctrine of 'idem sonans'." Bloomer v. Crisler, 123 Pac. D66. "In indict- ments and pleadings when a name which it is material to state is wrong- fully spelled yet if it be idem sonans \\;th that proved, it is sufficient." Jlt:uviers' Law Dictionary. The following have been held idem sonans: "Hutson for H u d son," Cato ,'. Hudson 7 Mo. 142; "Coonrod for Conrad," Carpenter v. State, 8 Mo. 2m; "Gibney for Giboney," Fleming v. Giboney, 17 S. ,V. 13; "Emerly for gm- ley," Gnlveston H. & S. A. R. Co. v. Dan- iels, 20 S. "'. 955; "Usrey for Usury." Grisham v. Wialker, 10 Ala. 370: "Bobh for Bupp." Meyer Y. Figaly, 39 Pa. 429 ; "Faust for Foust," Faust v. U. S., 163 U. S. 452; "Penryn for Pennyrl'ne," Elliott v. Knott, 14 Md. 121; "Bnrbra for Barbnra," State v. Haist, 34 Pac. 453; "Julia for July," Dickson v. State. 28 S. W. 815; "I;;lIet for Elliott," Robin- son v. 'Vinchester, 85 Tenn. 171; "Koe- Ii her, Kelliher, Keltier, Koelhier and Kelhier are held sufficient for Keoli- her," Millett v. Blake, 81 Me. 531. "Luckenbough for Luckenbach," Schee v. LaGrange, 78 10. 101; "Rooks for Hux" Rookes v. State, 83 Ala. 79; "Tasso for Dasso," Napa State Hospi- tal v. Dasso, 153 Calif. 698. "The rule seems co be that if names mnybe sounded alike without doing violence to the power of letters found in the various orthography, the vari- ance is immaterial." 'Vilkes v. State, 27 Tex. App. 381. The rigid formality provided in the general election laws does not apply to school elections, (Sec. 8n8, R. C. ;\1. 1921.) but the statute, of course, must be followed so far as specific regula- tions are provided. It is our opinion that in elections of school trustees that when a mnjority of the judges are sntisfied as to the intent of an elector to vote for a par- ticulnr party such irreguln rities as yon mention are immaterial.