The Richmond palladium. [volume] (Richmond, Ind.) 1855-1875, 1870-12-17
ELECfION LAW.
its Internationally Decided by
1o fudge BiddIe.


hs Internationally Decided by
81. fudge BiddIe.
IN Cnss county several defeated
candidates contested the election,
on the ground, we believe, that the
words Republican ticket" were
printed OF the ballots.
As we learn from the Logansport
Journal the cases came up at tn e
present Circuit Court and the fol-
lowing points were raised and de
cided by Judge Horace P.
Biddle.
LIST. The Constitution Of the
State Of Indiana provides that
"No law shall be passed restrai-
ming the free interchange of
thought and opinion, or restricting
the right to speak, write or print,
freely, on any subject whatever;
but for the abuse Of this right ev-
cry person shall be responsible
Article /. section 81.
In view If this provision, it is
not competent for the Legislature
10 pass an act declaring
"That all the ballots which may
be cast at any election hereafter
held in this State shall be written
or printed on plain white paper,
without any distinguishing marks
or other embellishments thereon,
except the name Of the candidates
and the office for which" etc etc.
Act OF March IL. 1872
Every voter has q right TO print
or write the name Of any political
party on his ballot that he chooses
or to put on it any establishment.
picture, sign, or illustrations, not
immoral, indecent or libelous. No
valid law can be passed which re-
quires MIN to Gather conceal or
disclose his political sentiments,
or which tends to embarrass him
In either the concealment or disclo-
sure of his political sentiments. Po-
litical opinions are strictly person
al rights, and can not be invaded,
restricted or embarrassed by legis
lati, action. The right to express
any opinion by speaking, writing
or printing, or by any sign, flag,
emblem, motto, or in any and ev
cry other manner not immoral,
indecent or iibe lous, and to conceal
any opinion whatever is forever
guaranteed to the people Of Indi-
ana. g.,
I'd. "All elections by the peo-
pie shall be by ballot etc. Art.
2 Sec. ID.
Election by ballot imports secre-
-cy. The word ballot means any
method Of secret voting. The
Legislature, under this provision
has no power 10 pass a law which
invades this right Of secrecy, or
embarrasses it's security, or leads
to, or tends to lead to, its disclo-
sure. The right to the citizen to
vote secretly or openly as he may
choose is inviolate. Section 2, Of
the act Of May Is, 1869,
ISEc. 2, II shall be The duty Of
the Inspector Of any election held
in this State, on receiving the bal
lot of aby voter. to have the same
numbered with figures, on the out
side or back thereof, to correspond
with the number placed opposite
the name of such voter on the poll
lists kept by the clerks Of said e.
lection
"a. the numbering Of the ballots
would inevitably lead TO the disclo-
sure Of their contents, is therefore
unconstitutional and void.
8. Nor be it within the powers
of the Legislature to enact law
requiring political test as to
qualification'for Office. Section A.
of the act Of 1860, so far as it re-
quires the judges Of election "to
be selected from different political
parties" and the two clerks to be
appointed "one from each political
party" is unconstitutional and
void.
There Il no more power Ia the
Legislature to require shat tho
judges and clerks Of elections
should be selected or appointed
from both political parties, "or
lone from each party than there
is to require Judges of the courts,
members Of the Legislature, or
County Commissioners to be ele-
cted from the various political par
lies.
"The General Assembly shall
not grant to any citizens. or class
Of citizens, privileges or immune
ties which, upon the same terms,
shall not equ ally belong to all cit
liens" Constitution, Article l,
section %.
The cases were dismissed.