Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1880-09-27
For the Kennebec Journal.
The Power of the legislature in
Counting the Votes for Gov
eYnOP.

mIzapprehensIOh IN the community III ieiA
ton to the power of the Legislature in count
ing the returns of votes for Governor.
The only power of the Legislature is to be
found in the Constitution Art V. Part nrsfs
Sec 80, which is as follows. so far as il bears
on this point
ssThe votes shall be received. sorted. count
ed. declared and recorded, in the same man
ner a. those for Senators and Representa-.
tives. They shall be sealed and returned
| into the Secretary's Office in the same man
ner and at the same time, "a those for Sena-
tors. And the Secretary Of State for the
| time being shall, on the first Wednesday OF
January then next, lay the lists before the
Senate and House of Representatives,
military vote to be by them examined.
and in case Of choice by majority of all
the rotes retnrned. they shall declare and
| publish the same.
that the Legislature has over the votes for
Governor. There is no Statute law that ap-
plies 10 this duty or enlarges or diminishes
this powe- The Constitution must stand on
its own terms, and there has been no decision
or opinion of the Court bearing on this pro-
vision of the Constitution.
| NosE what is the plain obvious meaning OF
the language here used! The votes are to
be returned to the Secretarys office sealed
up, and then these lists or returns are to be
laid before the Legislature.
| And what is the Legislature to do with
these lists or returns? They are to eIanine
them and declare and publish who has ma
jority, if anybody They are not clothed
with any judicial power to go behind the re-
turns or outside of them, to hear any evil
dence or guess at any results. They take
the returns and nothing else, and from them
and them alone, they declare the result, if
there is any choice, and if there is none, the
Legislature must proceed to elect Governor
in the mode provided by the Constitution In
the examination of the returns and declaring
what they show, the Legislature has no pow
er to correct any errors in names or anything
else. They must take the returns just as
they are and as the absolute vcrifcation OF
| the will OF the voters.
The Statute of 1877, chap. 2l2, in terms
tiyes to Congress, Senators and Representa-
tyes to the State Legislature and Electors of
President and Vice President of the United
States" and TO no other cases, and so does
not apply to the case under discussion.
But while we have no Statute law or de-
cision of the Court charging the power of
the Legislature in relation to the votes for
Governor, or constituting this clause of the
Constitution, we have the opinion of the
Court on language almost identical with the
provision of the Constitution on this subject,
and certainly of the same import.
In 1912, the Legislature passed the first
Statute for the election of county officers by
the people, and far as applicable to the
question under discussion, the language is as
follows
1.-The votes shall be received, sorted, count
ed and declared, in like manner as the votes
for Representatives, the names of the persons
voted for, and the number each person had,
shall be recorded by the clerk in the city,
town or plantation books, and true copies Of
said records attested in the same manner as
the returns of votes for Senators, shall be
transmitted to the office of Secretary of State,
within thirty days from said second Monday
of September.
The Governor and Council on or before
the first Monday of December in each year,
shall open and compare the votes returned
as specified in the first section of this act;
and the persons having majority of the
votes for either of the offices aforesaid. after
being notified of their election by the Secre-
tarv of State. and being duly sworn, shall
enter upon the duties of their respective
Offices on the first Monday of January. in
each year
In 1915, the opinion of the Supreme Court
was asked as to the power of the Governor
and Council in relation to the votes for coun-
ty officers under this Statute, and their an
swer is to be found in %, Me. Report 56s, and
the following are extracts from that opinion,
and fully present the decision of the Court
"And the votes so sealed up are to be
transmitted to the Governor and Council.
within thirty DAYS thereafter, who are to
"open and count the votes returned" The
act makes no provision that they shall be
otherwise the judges of these elections; nor
that they shall receive any other evidence in
relation to the votes, than what the certif-
Gates, so prepared transmitted and received,
may contain. They are to compare the votes,
and in so doing, to ascertain who, if anyone.
is elected; and if any one is thereupon found
to be elected. il will become the duty of the
Secretary of State to issue notice to him OF
his election; and if no one shall be ascer-
tanned to be elected, the Governor. with the
advice Of the Council. must make an appoint
ment to fill the vacancy.
THE powers conferred upon the Governor
and Council are specific and precise; and it
is believed that it would be irregular to go
beyond them, or in any mar to deviate
from them. II they could receive evidence
that the certificates were erroneous in one
particular. they might, with equal propriety
do so in another; and so exercise the powers
of Judges of those elections generally, and
without restriction.
''rhe powers delegated TO the Governor
and Council, in reference to the election of
Senators. seem to be precisely similar to
those required to be exercised in regard to
the election of county officers. 1t is pre-
sumcd the returns alone, are to be examined
by the Governor and Council in regard to
Senatorial elections. If any error occurs by
being so guided, it will be corrected by the
| Senate, who are constituted judges generally
of their own elections.
at can make no difference that no other
tribunal is constituted having general powers
as judges of the election of county officers