The Portland daily press., 1877-02-14
ImperfectiOn Of Our Electoral Law.

To the Editor of the Press.
The Statutes of this state, relating to the
choice of Presidential electors, in certain possi-
ole contingencies are far from clear; and, with
out some change il is not at all impossible that
some high joint commission" of the future
may be called upon to decide whether the full
electoral te OF Maine can be counted in ac-
cordance with the Constitution and the lavs.'
Section 81 chapter 4, Revised Statutes, reads
as follows:
"If it appears on such examination Il. e.,
the examination of the returns from the vari-
Gus towns by the Governor and CouocD that
there has not been choice of a majority of the
whole number of electors the Governor, by
proclamation. shall Call the Legislature togeth-
er forthwith; and the Legislature by jJnt oal-
lot of the Senators and Representatives assem-
bed In one ruom, shall choose as many electors,
as are necessary to complete the number to
which this state is then entitled
1t will be noticed that provision is here made
for legislative election only in the event of the
failure to elect 'naqjority' flour or more as
our electoral college is at present consttuted) of
the whole number of electors. If the people
should elect four or more, but fail to elect one
or two, or three electors, in all less than ma
jority of the whole number, the Governor is
not authorized by that section to call special
session of the Legislature to fill the vacancy
thus occasioned in the electoral college.
1t might possibly be implied from the Ian
guage of that section that in the event of the
choice of majority of the whole number by
the people, that majority should fill any vacancy
occurring by reason of the non-election by the
| people of one or more electors, less than ma
| jorty. But section 50 chapter T. Revised Stat
| utes, provides;
| "That the electors so chosen Il. O., either by
the people or in the contingency cited in sec 81,
| by the Legislature) shall convene in the Senate
chamber at Augusta, on Tuesday preceding the
first Wednesday of December next after their
election, at two of the clock in the afternoon,
and II any elector so chosen, by reason of death
or for any other cause IS not present. the electors
then present, by majority of votes shall forth
with elect the requisite number of persons suit
ably qualified to supply such defcisncies.''
1t Will be seen that the law only authorizes
the electors then present to fill vacancies caus-
| ed by the absence from the Senate chamber, of
chosen, either by the people or, in the contn-
gencies provided for by section 81, quoted above,
by the Legislature.
Now suppose that by reason of q tie vote,
there should be failure on the part of the peo-
pie to elect one only of the seven electors to
which this state is entitled; or, suppose that in
the recent election, one of the Republican can
| didates for elector had been ineligible land in
1872 the Republican State Convention at Lewis
ton nominated as candidate for elector at large
Postmaster, who subsequently, declined the
nomination. land, that the law enacted this winter
with special reference to the event of an nelig-
ible candidate receiving the highest number of
votes had been in force. The result would have
been the failure the par tof the people TO elect
more than six electors. But it would not have
been such contingency as would have author
lied the Governor, by virtue of section 81 chap
ter 4, to convene the Legislature for the purpose
of completing the number; nor could the six
electors chosen. when assembled at Augusta,
(by virtue of section 50 chapter a. proceed to
| elect another elector; because, no person who
h id been chosen an elector aoould be absentl
Undoubtedly the matter could Do cured be.
tween the election of the electors in November
and their meeting at Augusta in December, BY
special act of the Legislature convened for
that purpose. But il is nevertheless true that 10
this important particular the Statutes of Maine
| do not provide clearly for the failure, on the
part of the people, from any cause, to elect any
number of electors less than majority of the
| whole number to which the state IS entitled.
FN D,