The sun. [volume] (New York [N.Y.]) 1833-1916, 1891-12-30

directed to exclude the ballots from their esti-
| mate and statement OF the vote for senator
number o, the, election district in which they
were used by the electors. as required ~ tno
Sn anSsSsr ID nf Tds s
| In force governing the conduct OF elections
and the name. Of yotins prior S 10 s rsese e
form net. II Is quite clear that ballots could be
counted for tho candidate for whom they were
fss1 WIZ Rey Es ion IND
after being Deposited In the 9ox e. ud no, psSp
or the courts. II the intention OF the voter was
sufficiently expressed, The right, 70 wore 10,
to tns IKE by ne sS3 sapee the
| regulations lawfully prescribed ty the Legis-
stare n respect to The time wasn ana and 1h IL
order TO make his will aud intention etiectnel
at the election he must comply with at least
citizens Of OnondaYa county who used the bal
ordore ahe BY he court reject
have go far neglected 70 observe the Terms Terms
.ss, xstas By % sw 0n %
| held to be void. IN the absence OF some clear
and positive prohibition In the statute against
would undoubtedly be IN the direction q e. e.
e . s tSt III law as.y q anas i GSS
snd SSS q a saSss esa "
Zen nat attem pied to exercise right. and eithe,
ths & his us object ,,s.r and
pSstI Ss to %
| whether the court. In ordering the mandamns ,
Smpy ne w. meanpW
PEE & shs Lays q 1s as dn Is %s
ter Of recent history that this law was Tor years
the, subject OF agitation and earnest debate:
tS HsG III TIE pSSiis press and
or Hi Sus sssi 5 ss
:s sss 81
Changes in the conduct Of elections and in the
manner Of voting from the regulations pre- pre-.
secured only alter the tie most exhaustive and
careful scrutiny on the part Of the Lawmakers sTs
the Da nsed IN
to express clearly what was intended. and
every. detail both Of composition and errange-
this did we may well assume that every word
Rs ess sssy Se
| it, provisions as the expression Of the ieg'siA-
fs n1y 81. sHd s tss
mote the independence OF voters at public
pPosds hs
81 en R@aI.shis9 which the s,ssS.s was
tolerable evil. and this was to Be accomplished
a ute secrecy The primary aim and % Get was
d ss s ssss e sho SsS se Gs ssi
| Of revealing by. the act of voting the
PsishSer y! Voted the iax@sfers reasoned that
a sasass WheR would pefs psots 70
Sa Soa ha Sny Voter
a. sSsy *. ss ny;
secrecy. TO this end 1t was provided that bal;
lots. uniform in size; IN type. IN color. and
ance Of the endorsement, should be printed
| and distributed by the County Clerk at the
public expense.
This is called. in the. law. the official ballot.
and Is the only instrument by means OF which
the elector can legally express his will at cleo;
for IN I Section These are cases
G1 epF the be ,S
or stolen after such delivery. or = candidate
Any ONCE whose Is printed on pa the
Sccome Ineligible. or shall have Withdrawn
before election day. In such cases unofficial
the oonditions aud restrictions prescribed IN
the sesttGn nay be used Sy the uHtsI A. ~ ~
esse as nome Of the Events provded for
| therein have happened.
So careful was the Legislature In providing
voter from in any way marking his ballot or
showing it TO any one after It was prepared
l fapta. and DrOhiO1t6Q from
and no person but an inspector OF eee:
t prsparsd for Voting from voter Sec
55l. It 10. moreover. expressly provided
reveal to another person the name Of any can
dldate for whom u person has voted. or who
lief. or impression as to how or for whom a
voter has voted or shall place mark upon pen.
STIsoansnt sec ~ e Also prSsiSsd that
to- eGa w M OF or marx Of any kind has been
W With The ~
voted y Mn: sssll BE- yeid ana q no stssta 10
little short t" ~ absurd Il can be that
ballots bearing an endorsement which dis hc
The endorsement upon the official ballot was
| an ebB00ulhI part OF Tue iHhcHihcIy cioctiohos
by means Of which the secrecy Of voting was to
| be secured and enforced That was to be
printed IN large letters WAS to 20 uniform as TO
| all the ballots at the same polling places. AS
Il was the only part OF the bal Hot to DO exposed
TO the observation, Of the election officers Or
the bystanders at the moment when the vote
| Is offered. II was important TO provide that
| It should contain nothing that could reveal
! to any one the electors choice The en-
| dorseInent was therefore to he precisely tho
| came on all the ballots used at the same polling
place or election district different district
| or peculiar endorsement upon the ballots or
any Of then, used by any party or candidate Or
| set Of candidates would OF course remove all
| secrecy from the act Of voting as to the clcc-
tors using ballot with snch nm endorsement.
| and thus the fundamental purpose of the law
| would DO defeated. This was 80 apparent. aud
| was regarded as of so much importance in the
successful operation Of the law. that The Iegis-
lature carefully prescribed the form, Of the en-
dorsement to be used upon all ballots at the
| same polling place in the following language:
"On the back Of each ballot shall be printed
| In type known ms great primer. roman
| condensed. capitals. the endorsement. Official
ballot for - and after the word for. shall
| follow the designation OF tho polling place for
which the sallo, is prepared the date OF the
the County CLERK. The ballot shall contain no
| this section provided" .