But any slight departure by officers in conducting an election, from unimportant details which do not and cannot defeat the object of the law, is not a violation.24

Officers acting in good faith in the discharge of their duty in conducting an election will not be held liable for mistakes of judgment. For instance if the officers honestly err in receiving an illegal ballot from one not entitled to vote, or if they err in their judgment as to how a vote should be counted, they certainly do not commit an offense.25

On a charge of bribery or other violation of the election laws it is not enough to show that an election de facto was held and that the accused bribed a voter; it must further appear that the election was a legal and valid one.26 But mere irregularities in calling or conducting an election which do not invalidate the election afford no protection for illegal voting or other offense in violation of the election laws.27

21 Hughes' Cr. Law, Sec. 2313;

State vs. Col ton, 9 Houst.

(Del.) 530. 22 State vs. Clark, 102 Iowa, 685;

U. S. vs. Eagan, 30 Fed., 495. 23 Moschell vs. State, 53 N. J., 498.

24 State vs. Bush, 47 Kan., 202. 25 Hughes' Cr. Law, Sec. 2318;

People vs Sutherland, 41 N.

Y. Supp., 181; Byrne vs. State, 12 Wis. 519 26 State vs.'Williams, 25 Me., 561.