Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1892-08-04
THE BALLOT LAW.
An Opinion by Judge Wheeler on Some
Points In 1t.

elections is becoming a matter of interest.
Its plan appears to be to have certificates OF
nominations filed with the secretary Of
state, and county, city and town clerks,
and to have official ballots for those nomi-
mated, printed and distributed by these OH
GERS, Its limits are to be found in section
which read:
Certificates Of nominations Of candidates
for offices to be filled by the voters of tho
entire State, or of any division larger than
a county, shall be filed with the, secretary
of state. For offices to be filed by the
voters of an entire county such certificates
shall be filed in the clerks Office Of the
county in which such election is to be held
For city, village or town officers such GER
tiiicates shall be filed with the clerk OF the
city, village or town in which such local
election is to be held.
No other provision is made as to the place
of filing certificates and all the provisions
for furnishing ballots rest upon the officers
with whom they are filed. The certificates
to be filed with the secretary of state are
those of nominations for governor lieuten
ant governor, State treasurer, secretary of
state, State auditor, presidential electors
and members of Congress Those to he
filed with the country clerk nre those for
county judges, shorih, high bailiff and coun-
ty commissioner. Those to be filed with
city, town and village clerks are those of
mayor, etc, Of cities, the moderators,
clerks, selectmen, etc, Of towns, and the
trustees, etc, of villages, whose population
exceeds 1000.
But judges of probate, justices OF the
peace and representatives in the General
Assembly are to be elected. Judges of pro-
bate are elected by the freamen of their
Il I; -, Il tctu
are each composed of entire counties. The
office of judge in each is to be filed by the
voters of the entire county, and according
to this ballot law certificates of nomination
for those should be filed with the county
clerks. But the other II districts are each
composed of parts of county; the certid-
Gates of nomination for judges in those dis
tricts do not come within the provisions for
filing with the county clerks and no provis-
ion is made for filing them anywhere.
Consequently no one appears to be author
lied or required to provide any official bal
lots for them.
Justices of the peace are county officers
and until 1850 were elected by the General
Assembly, but are now elected in certain
numbers by tho freemeu OF their respective
towns. AS their Offices are not TO be filled
by voters of certain counties, certificates
are not to be filed with the county clerks;
and as they are not town officers, not with
town clerks; and they are not situated in
this respect like the judges of probate.
Representatives. in the General Assembly
are elected under the constitution, which
provides:--
Section S. the House of Representatives
of the freemen of this state shall consist
of persons most noted for wisdom and vir
tue, to be chosen by ballot by the freemen
Of every town in this State respectively,
on the first Tuesday of September annually,
forever.
BY amendment annually, has been changed
to biennially. These persons SO chosen are
officers of the State; together they make the
whole of the House of Representatives. AS
said by Blackstone of the English House OF
Commons; every member though chosen
by one particular district, when elected and
returned, serves for tn whole realm. For
the end of his coming thituer Is not particu
lar but general; not barely to advantage his
constituents, but the common wealth. "
Tho town representatives receive their
credentials from the presiding otll-
Ger of the meetings at which
they are chosen; their election is not
required to be recorded in the town clerk 5
offices; they ere not paid by, and do not,
in any respect, act for, their respective
towns as such, ami are not town officers.
Those chosen by the cities likewise are not
city officers. Their Offices are not to be
filled by the voters of the entire State nor
by the voters Of an entire county; nor are
they town or city offices; therefore certii-
Gates of nomination for them are not to be
filed with the secretary Of state, county
clerks, or town clerks; and no provision is
made for fling them anywhere, or for OIL
cial ballots for them.
That law provides in section 30: ono
ballot without the official endorsement shall,
ex cept as herein otherwise provided, be al
| lowed to be deposited IN the ballot box, and
none but ballots provided IN accordance
with the provisions of this act shall be
counted" The constitution provides in the
| declaration OF rights: article s. That all
elections ought to be free" in the
| frame Of government: "Section 81. All
elections whether by the people or the leg
islaturo, shall be free and voluntary" and
in the amendments "Artce II. Judges
of probate shall be elected by the freemen
of their respective probate districts. -
ARTICLE IL. Justices of the peace shall be
elected by the treemen Of their respective
towns"
reads differently from the constitution the
act is to be left and the constitution follow
ed. By the constitution the freemen Of every
town have right, without the aid of any
statute, to meet, without even any official
warning, on tho first Tuesday in September,
at the usual hour and place of holding such
meetings, If there are such, and, If not, at
any hour and place agreed upon, and elect q
presiding officer and choose representative
in the General Assembly. They also have
the right, in the same manner, to elect jus
tices OF the peace and vote for judges OF
probate. This provision OF that law cannot
stand, if intended TO, in tho way of these
rights. An election of officers for which
all but official ballots are prohibited, anc
none of those can be provided, would no
in any fair sense he free Nomination
might not, and frequently are not, made
for representative and justices; aud certiii
Gates of nomination for them might not b
filed if they We're included in it, and no pro
vision Is made for blank ballots in any cast
if no nomination is made Still the free
men could not be cut off from their RICH
nor relieved of their duty to elect such oil
GERS by the failure to make nominations.