The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1892-11-08
COUNTING THE BALLOTS.

AuO Auoti dlluu UdifOt INV 10 CApiiSis
in its provisions regarding the counting
of the ballots. 1t provides that when
the polls close the board shall first
count all the ballots remaining I'M
voted. record the number of the same
on the taIly-sheets, and destroy all of
such ballots by totally consuming by
fire." This must be done the first thing.
The object of this provision is to see if
the unvoted ballots. together with those
voted and those accidentally mutilated
and destroyed. agree with the total
number originally received by the cleo
ton board. The theory of the law is
that every ballot must be accounted for.
This provision in regard to counting
and listing of unvoted ballots is man
datory.
After the unvoted ballots are counted
and burned. the board must then count
tho national and State ballots through
before beginning on the county ballots.
The law says that the counting of the
ballots shall proceed by beginning first
with the State ballots and completing
them before beginning with the local
ballots, by laying each ballot on the
table in the order in which it is taken
from the ballot-box, in plain view of
each member of the board. Every dis
puted, irregular or doubtful ballot
among the State ballots must be passed
upon and disposed of before the county
ballots are taken up. All disputed bal
lots must be preserved. and the poll
clerk must make q record thereof on the
tally-sheet. The provision in regard to
disputed ballots is important. All un-
voted ballots and undisputed ballots
that have been voted are to be burned
as soon as counted, but all disputed bal
lots are to be preserved. This, of
course, is for future revision and veri-
fication, and for use in case of contest.
No election board has right to throw
out ballot or any part Of ballot, ex-
cept under the following provision of
the law:
In the canvass of the votes any ballot
which 10 not Endorsed with the initials Of
the poll clerks. and any ballot which shall
bear any distinguishing marks or mutila-
ton. shall be void and shall not be counted,
and any ballot or part of ballot from
which 1t 10 impossible to determine the
electors choice of candidates shall not be
counted 40 to the candidate or candidates
affected thereby.
This does not give the board large
discretion in throwing out ballots. In
fact. their discretion is very limited.
The object and intent of the law are
that every voters will shall be given ex-
preston if possible. The board only
has authority to throw outa ballot which
is not Endorsed by the poll. clerk. or
which may bear any distinguishing
mark or mutilation. All other ballots
must be counted as far as the intention
of the voter can be made out. A single
mistake on ballot will not necessarily
invalidare the whole ballot. 1t will only
invalidate rs far as it may make it
impossible to arrive at the intention Of
the voter; for the rest. 1t must DO
counted.
1t is important to note that under the
provision of the law above quoted bal
lot can only be thrown out for mark or
mutilation that is distinguishing"
That is, the mark or mutilation must be
such as to distinguish the ballot from
all others. The soiling that might come
from handling with dirty hands would
not be q distinguishing mark, and it
would be an outrage to throw out ball
lot for that cause.
The law evidently contemplates that
all ballots which are not void by reason
of the absence of the poll clerks initials
or by reason of mutilation or distin-
gushing marks shall be counted. A
ballot must not be thrown out because
it is doubtful. Unless absolutely void
1t should be passed upon, decided and
counted one way or the other. Doubt
full or disputed ballots sh ould not be re-
| jected and laid aside for future counting,
but should be counted and preserved
for future use in case OF contest. In
every case where the ballot is not abso-
lutely void for one of the reasons above
indicated it is the duty of the board to
ascertain the will of the voter, as nearly
as possible, and give effect to it.
EVERY Republican should see that his
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