Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1892-09-08
ELECTION OFFICERS. /"
Secretary Of State Fessenden Gives
His Opinion Why the Law
Does Not iac.ude Municipal Officers in the
Term Election Officers

& a =
Wthar, etaia9ins for ms opinion any ad-
thor.,y or that ii i entitled to any more weight
,hsa The o,,iaio, Of any ether stuien: of the
I bsllyt law .!esi-s, to assign the follow ing
reasons WHY 10 not believe tina; the words
( election officers" as used in the ballot
(, law. include also municipal officers.
I First-Section u, if taken afoas, plainly
makes election officers apply only to elec.
ton AMI ballot clerks. This section ID
{ directed entirely To these elesks and To their
duties, ard 10 nothing else, and nanifestly
the words clerks and officers are used as
/ synonyms.
I Seeonai-If see. II is TO be construed BY
+ the light of other sections OF this same law
I | quote see. l.. or part of 1.-THE sew
/ .ral city, town and plantation clerks ~
\ sRsyticif,al officers shall send IL he election
officers etc. Sec. l. then plainly dis
! eliminates in terms between the municipal
/ officers and electSSn officers. 1t would
: hardly be good sdnse or good law 10 re-
( quire the municipal officers to send ballots
( to themselves.
/ Thiri-The municipal officers, town
clerks. warden and ward clerks are officer.
/ whose powers as 10 elections are given in
/ the constitution, anil 80 far as selectmen
AMI town clerks are concerned, they are
/ only incl eutaliy election officers at best.
/ The ballot iaw in no instance attempt. to
alter the duties of all these officers as re-
gar,s elections II Is not its purpose 10
fleet in any way the duties nf these Off
GERS IN regard TO presiding, receiving, sort
/ ing. counting, declaring AMI returning the
/ votes cA-t.
! Fourtl-The ballot law intended TO give
! the Republican and Democratic parties
I equal representation 80 far as markers of
ballots FOR ignorant or disabled voters are
I concerned. II election officers, used
, in the ballot law, includes municipal Off
GERS and warlens. what would be the re-
/ suit? The utmost unfairness--for instance
! in a town having three Republican select
men there would be 1ive Republican mark
ers AMI hut two Democratic markers. OF
course in Il town having three Democratic
selectmen TIE result would be the same, on
the other hand.
Fifth--Thc ballot Law applies 10 all city
elections after this year. and if election
officers a. used in this law, includes war
dens, then no warden is eligible To a re-
election, no matter how capable and ac-
ceptable an officer he may be.
Sixth-rhe voter has the right to select
the election officer. the law, section 20,
saws lone or two of the election officers,
to mark his ballot. Now suppose in city
ward he selects the warden--ls it to be pre-
sumed tina, the warden must desert the bal
lot box to enter booth To mark ballots
that the ballot law intends that the warden
shall neglect his constitutional duty as pre-
siding officer: But suppose the voter
chooses warden and ward clerk both 10
mark his ballot. shall both these important
officers leave their stations
1t seems to me unwi,e to hold this to be
the correct practice, vet it would follow, if
wardens or ward clerks are election oiii-
GERS" within the meaning of this statute.
Seyenth-So far A. section ~ is con-
ccrned, wherein it provides that No voter
not an election officer 3" shall be allowed TO
re-enter the rallied space, and so
far as section % is concerned
wherein it provides that f'besides the
election officers not more than two voters
in excess of the number of voting shelves.
shall he allowed in said inclosed space at
one time, | do not believe that these see
tons take notice of, or would or could cx-
clude the officers who by the constitutional
law of the State, must preside.
does not prescribe ho,c the rati must be run.
nor how many rails there must be, it will
be apparent that if there is any point in
these sections tending to exclude the NUM-
cipal officers, war,lens aud clerks recognized
| in the constitution. that point could he
easily obviated by simply railing such NUM-
cipa officers, wardens and clerks off from
the election clerks by an additional rail.
to, ttl nr n
is found the sentence which is set mp as
the foundation of the construction which
includes among the election officers" the
warlens and ward clerks, selectmen, asses
sors town and plantation clerks, consider
it. wording-''No person shall be eligible
to the position of election officer in any
ward. town or plantation where he is can
di1atc to be voted for.
The selectmen. assessors. wardens, ward,
town and plantation clerks are elected an
nualy, in March OF April; the election and
ballot clerks are appointed biennially in
May.
In alternate years, then, the election
clerks are appointed subsequent to the
election of the municipal officers, wardens,
ard the ward, town and plantation clerks,
AMI also they are appointed months before
any nominating conventions, which are likely
to nominate them. are held
Now. remembering that See. : is devo-
ted wholly 20 the election and ballot
clerks and their duties, and recognizing the
wording Of this sentence-''no person >t0ii
he eljiy,bic etc''--is it not apparent that the
intention of the law is ths-n0 person shalt
serve as an election clerk. at the same time
he Is u candidate for office. Having
Il. 81