Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1892-07-29
The New Ballot Law.
Amendments Made at the Special Srs-
sion of 1901.

Additional Suggestions BASED on the
Amendments Made at the Special Sps-
sion of 1901.
The suggestions in The Phoenix of last
week upon the ballot law of 1890 were
extra session in 1891. The amendments
to section put the filing of certificates of
nomination for offices to be filed 10y the
voters of probate districts with those Of
the counties; and change those "for city.
village or town Offices to those, for of
tices to be filled by the voters of a city. vii
lage or town" The freemen are. for the
purposes of these elections, the voters Of
probate districts and towns; the offices of
representative always, and of judge, of pro
bate and justices except where two receive
an equal number of votes, are filled by
these voters; and certificates of nomina-
tion for these offices appear to have been
brought within the intended scope of this
law. This, however, does not affect the
right to vote for any officers when no nom
nations are made and certificates filed:
nor the right to choose representatives and
vote for other officers whether nOmna-
tions are made and filed or not.
If no nominations are made no certificates
of nomination can be filed if no rtihcates
are filed no ballots can be printed and fur
nished by the clerks; and according to the
reading of section 30 no others are to "be
allowed to be deposited in the ballot box,
a. 1. 4
make a nomination; consequently no one
can cause a certificate of nomination to be
filed therefore no one can cause any Off
cial ballots to be printed or furnished
The provision in the constitution that IAN
elections, whether by the people or the
legislature, shall be free and voluntary
must refer to each voter But if none but
official ballots could be used. and none
could be had. this freedom of election
would be gone. The law would stand in
the way of the constitution, but, being
weaker, would have to yield, and the free
dom of election would be found in the
constitution without regard to the provis-
ions of the statute in its way.
But by the constitution representatives
are to be ''chosen by ballot by the free
men of every town in this state respective
ly on the first Tuesday of September.
"The freemen of each town shall on the
day of election for choosing representa-
tives to attend the general assembly bring
in their votes for governor with his name
fairly written to the constable "The
| lieutenant governor and treasurer shall be
chosen in the manner above directed. And
each freeman shall give in twelve votes for
| twelve counsellors in the same manner and
| the twelve highest in nomination shall
serve for the ensuing year as counSellors.
| The senate has been substituted for the
council and the freemen are to give their
votes for the senators lat the same time
and under the same regulations as are now
| provided for the election of counsellors.
| These provisions of the constitution as tc
ballots have remained the same from the
| beginning.
In speaking of them and of legislation
to affect them the judges of the supreme
court, quoting the supreme court of Iowa
said (37 Vermont Reports, 672). "The con
stitutiOn is to be taken as a clear and full
mandate, and the Legislature cannot change
extend or control its meaning" Wha
constitutes ballot or vote with the name
"fairly written which includes printed
votes, is well known. A ballot for repre-.
sentative or vote for governor cannot
according to this principle, be made Il
mean more. A freeman has the right
which cannot be taken away nor abridged
to bring such a ballot for representative
and such a vote for governor, lieutenan
governor, treasurer and senators, to tn
constable, or the presiding officer in tn
constable's place, without more form o
ceremony, and to have them received am
counted. That the legislature may regu
late the conduct of all persons about tn
polls is not doubted; but this right of tn
freemen must be left untouched. 1t
to be exercised on the first Tuesday il
September and at no other time. Tn
certificates of nomination are to be filed,
at all, within the times named in tn
statute; those with the secretary of stat
and county clerks, which for this election in
clude all but those for representatives an
justices, not more than fifty nor less tha
thirty; and those for the latter not NOR
than twenty nor less than ten days befor
the election. But the freemen cannot /
compelled to commence the preparation {
their ballots for governor, lieutenant gov
ernor treasurer, senators, or represents
tives before that day. If they then brin
! in their ballots for these officers with IL
: names of the persons voted for fairl
written or printed upon them it seems
) be enough.
} These suggestions are made upon Il
law as altered to correct those made b
fore.
p II. II. WHEELER.