New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1892-09-26


ballot written upon or marked in any way ior
the purpoe of Identification The ElectEon'
Code now gives the following directions 10 ."o
inspcctors of election regarding market oallo,e
When m inspector Of election, or other aeersoe a
officer, duly authorized wstchsr s s the compile
cn thereof declare his belief that any srs seen
ballot pascr or paster ballot affixed there'" n n%s Of
denseaS the inspectors canysssess; sssh b" be-
the BACK Of such ballot the wO.e nords In substance
s.sS ballot 70 Their s wrf salo sSa counted
bt them the same as n not so oo'ee'ea w. rscordine
Careful nroyision is also made for the recoi
Of the number of ballots suspected 70 LID,
marked for the purpose Of identification Hoo,iOn
II. of the Election Code makes the i'no"iNs
declaration: .n. -, c,nvass.-Upon
SECTION IFS. Certified sta'e h ns M except in
~ cIHas Of Ncw-YOrk and Brooklyn. Shan is Sts ~
Sign written statement nn. "a se dsct the Or
ward and he county in which 1t was neo' ,he Mole
Number OF Sa. oag p each person for office and S
whels number of ballots objected to because " spS
for nad fsreo cercate signed BY the INSPECTORS
TO the effect that the statement Is III al
correct. -, -ooox,,o
Regarding the official ballots and the presefVa-
ton 81 a somnle of each one, the Election Code
further saws to the election inspectors:
such inspectors shall securely attach to sSch ,o sa all
menf one Official ballot of each kind voeo ioT rh CIV
ts ' ssaie nc Words We at full and written
partly on such ballot and partly on the pap,Eb s ballots
which were received having tie same names or ore
same Offices the one attached cmci,, Sollot snail
nave thereon the names Of the same candidates 9r
the same offices throughout Only one o, St thre sboll
he written partly upon 1t and partly upon tne Papo
10 which it is attached statement 81 he th such III
such oaoS so written shall be deemed part OF the
certified statement OF the canvass oy tne RtaMinc
~ names Of The same candidates for the same oihces
as appear upon any other ballot 50 cast sunii s ~
eore og he ap escon of town city, village Or school
officers held different time from genera sdnns
s,cb inapectors shall forthwith ana Dcioro sNlVu.n5
make TWO certified copies of such certified statement
of the result Of the canvass
The amended Ballot Reform Act OF 1891 pro-
vided for O review by tue courts Of the action Oh
boards of inspectors in counting alleged marked
ballots. 1t made the following declaration re-
specting the matter
suit election but within h a days s afsf w ts
nthng o0 ID NAV issue out ef the supreme Court
against the Board Of Canv4sssr or oces acting as
HSard nv whom e Sss's voted %ee for at the %
ton 10 require recount Of the votes ana all 1neStos
T"s t. Set the were sS erSp # 0ans
mined In such proceeding All such 9aSs sH D "
re- for Least s spe 6s si na iS u Eec
ton boards ana boards Of csnvasses shall be oontn
ued In existence for the purposes OF such proeeoht
Messrs. Collin, Magone and Mnson have rewrlt-
ten this provision in the following form in their
Election Code:
,ected to as Marked for identihcsdonNIf any such
certified statement Of the result OF CaeAs g. sHtad
TO as marked for Identification, writ Of mandamus
may the Application Of any vSed Us
out OF the Supreme Court such sta'cien, os naTe
in county clerks oce 70 tas soaSa or Of o ny ow
or village clerks ohce, TO the board OF body OF can
yssser any Of the returns o. ana oRRrWse e the
inspectors Of cloction making sucn seeh Ibn nSo
recount Of the votes the court sha , IN ANN 9Se Ine y
ballot was marked for the purpose OF identification, IN
manner not proper or n ns be ,or eS Al sc
election the court may order such ballot 70 be ex
and canvss.ess Of election districts and boards Of can,
vassers shah continue in ONCE Tor the purpose OF
such proceedings
Authority has always been possessed by the
courts TO compel county boards of canvassers
to recenvene to correct errors made by them In
cauvassing election returns The Election Code
deals with this important subject in the following
manner
Section 1873. Mandamus for Correction OF Errors by
County Yards of Canvassers.-The supreme Court
that errors have occurred in any statement or deter
minaton made by any county board OF caDvassers
errors Or show cause Why such correction should not
be made If such board fail Or neglect to make such
correction, TO show Aforesaid, Inc court
mag compel such board by wit OF manadmuS 70 cor
rect such errors and II it shall have made It's deter
nlnaon and dissolved. to reconvene for the purpose
of making such corrections. Such meeting OF thc
board Of county shall be deemed continue
ton Of It's regular session for the purpose Of making
such corrections the shall order and the state
ment and certificates shall b made and filed as IN, the
original certificates and statements so far as they shall
xxitb fba pfgec
been part OF the original required by law.
The physical disability clause of the Ballot
ReSrm act Of $780, and of the Amended Ballot
Reform act of 1891 is amplified, and physical
disability is defined by the Election Code The
Ballot Reform law said. that ANY voter who
declares under oath TO the inspectors OF election
that by reason of physical disability, he is unable
to prepare his ballot without assistance shall be
permitted to bring with him to such booth
partment q person of his own selection, who may
retire with such disabled voter to tie booth or
compartment and assist him in the preparation Of
the ballot.
The Election Code substitutes for that phrase
the following, stating the various kinds of phys
ical disability which render a voter excusable In
asking for assistance in preparing his ballot:
Not more than person shall occupy voting
booth at the same time, excsp that voter who shall
cecafe under oath 10 the Inspectors OF election that
reason OF pnoneSs, loss OF pOtI hands, SUCH
total bllity In both that he cannot either
hand for ordinary purposes, physical disability by
reason Of crippled condition disease the
beeth alone, lie Is unable 10 receive or prepare his
baAsts without assistspGe, may select person for
guardran and receive sich ballots ana 70 the
voting booth with such voter and there assist him In
preparing IDS ballot The person selected shall
not In any mShner request, or seek 10 persuade or
induce such voter 10 vote any particular ballot for
any particular candidate. ana shall not directly or in
directly reveal to any person the name OF any cand
voted for by sucn voter, ytling occurring
within such voting booth, and no shall not re-
main within the guard rail longer than is essary
nssist such disabled voter.
The Election Code continues the provision of
the Ballot Reform law. which permitted voter