The record-union., 1892-10-17
THE SUPREME COURT ON THE
BALLOT LAW.

4oAALO4 Law
TIE Supreme Court has decided that
the provision of the ballot law permitting
distinctive party headings on the official
ballot for straight voting is unconstitu-
tional, and therefore void.
The reasons for this holding are that the
section providing for party headings is
discriminative in favor of classes; that
it is not uniform in its operation. Thus,
if an organization related only to local
nominations secures a heading, and a
voter, by stamping an X opposite that
heading votes straight, he is debarred
from making other marks to indicate his
choice Of candidates for offices not local
or not within the list of nominations
made by the local party.
AS to the effect of this decision, there
can be no manner of doubt; it leaves all
the candidates on par, with their party
or political character indicated opposite
each name. The voter has then to stamp
the X opposite each name for which he
desires to vote, except that in voting for
Presidential Electors, he may vote for
q party group, as the law provides, be-
cause in that there is no discrimination
or non-uniformity. So that a voter can
vote the Republican, Democratic, Pro-
hibition or Peoples Party ticket for
Presidential Electors and go on and indi-
cate his choice of other candidates by
selection of names and marking opposite
to each one selected with the official
stamp.
Instead of confusing electors or compli-
eating the system, really it will make
voters more careful, and will come more
nearly to determining what the will of
the people is as to the filling of each Of
fee. 1t will require intelligent examina-
ton of the official ballot, and personal
selection of the candidate the voter pre-
fers; it eliminates straight voting, in
short, and actually brings the elections
held under the law close to the ideal of a
government of the people by the people,
since it requires the exercise of personal
judgment in selecting a candidate for
each Office to be filled.
OF course it will operate to the discom-
fort of the unintelligent voter and those
who have been accustomed to have 9TH
ers do their thinking for them, and have
followed blindly the dictates of party
conventions. We will more nearly ap-
proach the ideal of a true representative
government of delegated powers when
the ignorant voter is eliminated wholly
when educational capacity and accom-
plishment as prescribed by test is made
an essential voting qualification, the same
as is now the attainment of a certain age:
freedom from the taint of infamy by con-
viction and commitment for certain
crimes; soundness of mind, and certain
period of residence in the district.
The voters, both intelligent and litter
ate. are, however, given alike by the law
full opportunity to prepare their tickets
long before the polls open. Ten days
prior to the election every voter may
have sample ballot. This he can take
TO his home and there exercise his judg-
ment in deliberate examination of the
entire list of candidates. He may mark
his choice upon this sample ballot, carry
it with him into the booth on election day,
and rapidly copy it upon the official bal
lot, of which it is an exact copy. More
than this, there is published fully, for his
benefit, an official list of candidates in the
order in which they are to appear upon
he official ballot.
Whoever, with such precautions taken
to inform the voter, goes into the booth
and cannot indicate his choice, is really
too unintelligent to exercise the right of
sovereign voter, and is not worthy of the
benefits and privileges of citizenship.
If this Republic is to be perpetuated
and free institutions preserved, it is to be
done upon the groundwork of intelli-
gence. Ignorance cannot form the super
structure, nor be permitted to operate the
machinery of political and social organ
ization, and any results be attained essen
tial to the maintenance of our system of
government.
When the ballot law bill was before the
Legislature, the RECoRD-U UNIONS conten-
ton was for a form of ballot like that
which is so successful in Indiana. There
the party tickets appear upon the official
ballot in party groups, with such vignette
or other designation at the head as the
party may adopt. while the Independent
nominees appear in a separate list
Under that system, which as fully as ours
preserves the essence of the best reform
ballot laws-secrecy of ballot, privacy
during preparation, Elimination Of the
ticket peddler, and prevention of crowds
about the ballot box to exclude and in
timidate voters-the voter can vote
ticket head, or select individual candi-
dates from number of tickets, or vote
A -. s.~a;r-ht a far ns IL Goes in preSeEt-