Los Angeles herald., 1892-10-16

didates for such offices, he would be
disfranchised altogether, for, under the
law, his ballot could not be counted.
The ticket heading in such case could
do the voters of party no possible
good, but would simply be lure by
which they could be, and in many in
stances would be, entrapped into loss
of their votes.
In the second case supposed. all the
ballots used in the state would have a
party heading, but in many of the
counties the party would have no local
ticket, and in all such counties the voter
stamping the heading would vote for
state officers only, and would be dis
franchised as to all district and county
offices, and his vote would be wholly
lost. Such being the results inevitably
howsng from the operation of this pro-
vision OF the law, if allowed to be opera
tive, it can readily be seen that it would
be no benefit to either party to allow it
ticket heading unless it had full
state and local ticket, for no voter of the
party could express his choice by stamp
ing the party designation without par
tiai or total disfranchisement. His sup
posed advantage would be but delu-
sion and snare. Even in San Fran
cisco at the approaching election, if, as
is said to be the case, the Nom Partisans
have nominated candidates for the legis-
lation, and if, according to the official
opinion OF The attorney general. the
names OF such candidates are to be
printed on the general or state ticket,
along with the names of candidates
Tor congress, and for presidential elec-
tors, 1t will be just as much the duty of
the defendants to put the party desig-
nation on the general as on the local
ticket, and the necessary result would
be that every supporter of the partv
who should be thus misled into voting a
straight ticket would lose bis vote for
member OF congress and for presidential
electors. l imagine the supporters of
the movement would scarcely desire the
privilege of party heading at such
price.
UNIFORM OPERATION DESTROYED.
Upon these grounds we hold that this
provision destroys the just, equal and
uniform operation, which, in an election
law OF all others, is demanded, no less
by the express terms of our tundamen-
tai law, than by the genius and spirit of
our institutions. Itis, therefore, void and
imperative. There should be no party
designations printed at the head of the
tickets, because there can be no voting
by stamping such desip nation. Voters
can only express their choice by placing
a stamp opposite the name of their can
didate for such Office, or their answer to
each question or proposition or proposed
amendment to the constitution, except
only in case of presidential electors, vino
may under the law be voted for in
groups bv single impression of the
stamp. Since this is the only mode by
which voter can express his choice,
the printing OF party designation at
the head of the ticket could do no good,
but only harm by misleading some
voters and causing them to lose their
votes.
The officers charged with the prepara-
tion of the official ballots should. there
fore, be careful to omit the printing of
such headings, and the voters should be
thoroughly instructed to express their
choice in the manner herein indicated.
1t will be understood of course, Chat we
do not hold the new law unconstitu-
tional, except as to the single provision
under discussion. In other respects, go
far as we are at present advised, it may
be fully carried out. The writ of man
date is denied. BEATTY. @. J.
We concur: HARRISON, J.
PATERSON, J.
MCFARLAND j..
SrT Du II