Lancaster daily intelligencer. [volume] (Lancaster, Pa.) 1864-1928, 1881-03-08
lanraster ft,tel!:ge,1rer.
TUESDAY EVENING. MARCH 8, 1881.
Marked Ballots Illegal.

Marked Ballots Illegal.
The supreme court of Mississippi has
given decision in the case of Oglesby
against Sigman, commissioner Of cleo
Lions, which involved the construction
of a state election law, passed in 1880,
that directed the rejection of all ballots
having on them marks or devices of
any kind whereby one ticket may be dis
from another" The court
declares this provision in the highest de-
gree mandatory, and that the duty of en-
forcing it must deyolve upon all officers
and courts to which the question of the
legality of tickets SO marked may be
Itdeclares that such tickets
should be rejected when the votes are
first counted by the inspectors at the
various precincts. If not rejected Dy
them, the duty of rejection is imposed
upon the commissioners when tie bal
lot-boxes and tickets are sent up
to the county seat, and if these
latter officers fail to reject, the courts
must do SO in any legal contest that
may arise as to the result of the election.
The size or nature of the mark or device
used is wholly immaterial. Any mark,
or any device whereby one ticket may
be distinguished from another that is un-
marked, is fatal, whether it be found on
the inside or the outside Of the ticket.
The object of the law, says the court, is
twO-fold-first, to preserve the secrecy of
the ballot, and second, to prevent masses
of voters from being voted by marks
on tickets, which shall indicate to them
what ticket has been prepared for their
use by party managers, and thus compel
an intelligent selection by the voter of
the candidates for whom he desires to
vote"
This Mississippi decision will he heard
with great interest here, where we have
a similar law. 1t has been systematic.
ally violated in the past and by both par.
ties. At the last election the Republi-
cln ballots for electors sent out by the
s ate committee were al printed with
engraved heads of different designs and
We had il seriously in contemplation to
ask the Intervention of the courts to for
bid their being polled. We consulted d
several able lawyers of our party in Phil.
alelphi;,, who did not seem to feel SO
well convinced Us we did that these Re.
publican ballots were unlawful and at
any rate they felt persuaded that tile
Republican judges in Philadelphia would
not embarrass their party by SO declar-
ing. We found that in some OF
the Philadelphia wards tine Democrats
issued peculiarly printed ballots; and
that in Berlls county the Democratic
ticket was likewise marked; no doubt
also in other districts. But there had
been no attempt made by the state COM
mittee to have such ballots used all over
the state. If marked ballots had been
forbidden on the eve of the election all
the Republican voters would have been
vOteless. 1t was felt that there would
he something of sharp practice in seek
ing to put them in this position, even if
it would he possible to get the judges to
construe the law us We construed it !; and
so no step was taken. But we are thor
Oughly convinced that every Republican
ballot cast for president was an unlawful
one, and one which should have been
thrown out if the election had been con-
tested. That is the law as laid down in
Mississippi and it is good sense. If a
ticket is unlawful it cannot be counted.
The object of the law in prohibiting
marked ballots is to protect the voter in
his right to Il secret ballot but if Il
marked ballot is good and must be
counted, the law is nullified.
Our statute declares that the folded
ballot shall contain g Oh the outside the
designation of the office and that only"
When the name of the office to he filled
is written or printed Oh the outside of the
ticket, not another line or letter or mark
OF any kind can he added everything
but the designation Of the office is clearly
Wy NAu eANS why.
None will maintain that an additional
word to tue designation of the Office
would be lawful and no more, then,
could a letter be added /; and if not a
letter, then surely no other mark that
would be meaningless, except for the
meaning intended for it; namely, Sim
ply rs Il mark to show the political char
acter of the ticket. And to forbid the
disclosure of that character is just what
the law intends by prohibiting the put
ting of anything on the outside of the
ticket hut the designation of the office.
We suggest to our political friends
that they would do well to be careful
hereafter to strictly comply with the
letter of the law in this regard, and to
cease marking their ballots with peculiar
devices.
That Zig SED;iUwer.
rr,,n E..,,....,e. fhinEa that tho old