Ellsworth American. [volume] (Ellsworth, Me.) 1855-current, 1892-05-26
The Working, Of the Australian Ballo,
Law.
Mayor Norris received short time ago.
from the Secretary Of State. the following
letter which will explain Itself
STATE oF MAINE.
STATE DEPARTMENT,
April SO 1922
4 u Nnrrls. Mruar

4 n Norris. Mayer
DEAR Sin Yours received do mot
understand that the new law changes the
duties Of the municipal officers or CITY or
town clerks, very much. In other word.
-sc.ectmcu OF towns ssses.nr~ OF planta-
uons city wardeus. city clerks town
clerks and plantations clerks have the same
duties A. before. aud also ward clerks IA
ne MAN. or put IL in this wsy all these
officers are 20 do now precisely a. they did
before, IN receiving, sorting. declaring and
returning the vote. The duties ~ these
pncer> In receiving, counting sud declsr-
ing the votes. are. | think, wholly Or al
most wholly, provided for IN the coRsii.-
tiuH II the State aud this new law j. not
supposed ;o IN any Nay couhct with the
constitution.
The dutie. prescribed for these new elec
ton Clerks j. \ new or additional dur.
supplementary u the former machinery
OF elections. These new clerks arr % Keep
check list In addition 10 the one Kept Nv
the warden, deliver ballots to such voters
As the presiding election officer or officers
decide are entitled 10 vote AID the voter
/ 10 mark his ballot In such cases s. tile pre-
siding of'ictr or officers NAV direct. to re-
ceive the oficisi ballots from the city or
town clerk u whom must send them, or
from the presiding officer after he has pub
+ licly broken the seal snd preserve the
spoiled ballots these are the main duties
Of these new clerks snd a. YOU will see.
they form sn entirely He,e class N te.rt
/ The wsrd officers act now a. thcy A.
WAYS have The wSrden i the presiding
officer In y city wsrd, s. ~rle lmvn are in
! towns. Watcher the ward clerk can or
cannot hr appointed s. an election Or bal
! lot clerk. ] will not undertske Ia say hut
+ 10 my mind Il would lee better not Ia mix
these o6ices. Better, | think to sppuint
/ election snd ballot clerks who hold no 9th
tr ottlce ST sill The ballot and election
clerks are not distinct officers a. between
I themselves. because the hsllnt clerks must
he sppoiutei or "de.dI,d~ frua "a, elecii0a
CLERKS Practically the ward sud town
clerks have little Ia do at elections. Ne.
youd making up returns or siding the war-
dens or selectmen a. they have done or
may have done before this new lsw WAS
made.
You will see. II YOU look ST the lsw thst
In May. hiennally. the municipal officers
must sppolnt election" clerks a. Aoii fyr
+ tscr gcIrs. that they do not "sppoInt" bal
lot clerks apart from faese election c!erss
bat detail two or four. as the case NAV
two or four of these election CLERKS %
se'rs as "tdllos' clerss-sn appointment
within an appointment, so to speak /
can ind no authority Ia this law for 'mul
iplyiug" or adding wards Ia wsrds In
certain cases depending upon population
the municipal authorities may make sub
divisions, but see no power To enlarge
any wsrd or voting precinct. either in
cities or towns
/ am Inclined to believe that this new law
Is, In legal sense. an amendment to the
existing election laws Of the State sud must
be So considered, snd that unless hy il
provisions, some chsnge Is made in exist
Ing laws, the old laws wherever unam.pd-
Ell by this law are still In full force. This
law, in other words Is not all the law. II
does not repesl old laws except so far as il
has introduced new features. or in cases
where old laws are Inconsistent, with the
new law For instance, IL cannut take
from the municipal officers suy Of their
constitutional duties nor does 1t seek 10
/ do SO. Again, /; has provided nothing It
all In regard TO counting the votes. hence
As Ia counting 1t is 10 be done As before.
suppose. for illustration. that bv your
city charter, or by special act Of the lrgis-
lsture. You have s non partisan committee
In each ward TO aid the warden ia coaut.
| ing the vote or ballots Now | can find
no change or snnulment OF this special
law or ordinance, snd | think none was
intended. The popular opinion that this
new law Is substitute for all existing
election laws. is | think sn error AsTuu-
derstsnd 1t, sll existing laws are still in
force which have not directly. or BY ueces-
ssry implication. been changed or abroyat-
ed by this new law.
This is rather = lengthy reply. but
could not seem TO say it in less space
Hoping may have made things some hat
clearer 10 You,
am you're,
NICHOLAS FEssENpEN,
Secretary of State.