The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1892-08-23
ELECTION OFFICERS.
What is the Meaning of the Term as Used
in the Ballot Law-An Opinion That Con-
fiicts With That of the Secretary of State.

| VIM. H. Looney, Esq.,, returned Satur-
day evening from two weeks speaking
tour in Lincoln, Knox, Washington and
| Aroostook counties where he has been
/ explaining the practical workings of the
Australian system. He reports that the
meetings have been largely attended, and
| that the interest manifested is very earn
est He says that the people in the
country towns, especially the election Of
| ficers, have intelligently and thoroughly
studied the Australian ballot bill and
that the election will show that the masses
of both parties will clearly express their
! opinion as to parties and candidates on the
official ballot. Mr.. Looney speaks this
evening in Augusta, Thursday in Show
hogan, Friday in Saco. Next week he
will speak in Franklin, and Penobscot
| counties, and then in Hancock and Ok
| ford.
When Mr.. Looney's attention was
called to the published letter of Secre-
tary of State Fessenden in which Mr..
Fessenden expresses the opinion that the
municipal officers of towns are not cleo
ton officers as contemplated by the bal
lot bill, and can thus be candidates to be
voted for at the State election, he said !;
| While the law is not quite clear on this
| question, and while there are some rea-
sons for the Interpretation given by the
| Secretary of State think his construc-
ton, of the law is incorrect:
Section 81 reads:
"* No person shall be eligible to
the position of election officer in any word, town
or plantation where he is a candidate to be
| voted for"
Now the whole question hinges upon
the meaning of the term 'selection Off
GER"
If selectmen of towns are not Election
officers then Mr.. Fessenden's construc-
ton of the law is correct, otherwise not.
I respectfully submit that his interpreta-
ton is opposed both to the letter and the
spirit of the law.
Who is an election oficer?' Mani
testify one who is empowered by law to
perform certain official election acts. The
selectmen of towns, and assessors of
| antations-municipa officers certain
! ly perform most important official acts
| for they prepare the voting lists, preside
| at the polling, receive and determine
who shall deposit the ballots, have
| charge of the ballot boxes, count the
votes, assist the illiterates, etc. 1t will
be seen therefore that they are very i'm
| portant election officers.
4 But the words of the law show conclu-
| sively that the municipal officers of towns
are considered election officers by the
ballot act.
| Section 26 reads:
,. lazy voter a who declares to the presiding
Who is the presiding election officer?
Not either of the election clerks, but the
chairman of the selectmen.
Section % says:
mo persons other than the election officers
4 and voters admitted as hereinafter provided
| shall be permitted within said rail. w
| Now if Mr.. Fessenden is right the
municipal officers are not permitted
within the rail, for in his view they are
not election officers.
Again section % reads:
"Besides the election officers not more than
l
| shelves or compartments provided, shall be al
lowed in said enclosed space at one time"
If the municipal officers are not cleo
ton officers then they must be excluded
from said enclosed space-an interpreted
ton which would make polling in any
| town impossible.
| But the spirit of the law is dead
against the position taken by the Secre-
| tary of State. What is the design of the
| law? To promote free and fair cleo
lions. Can an election be termed fair
| when municipal officer receives and
counts the votes cast for the office for
which he is candidate? The law pre-
sumes that the officials directly connect
ed with determining the result shall be
| impartial. Will it be commended that
when he is candidate municipal Of
ficer is impartial? Is not a municipal
officer armed with great powers at an
election? If he is candidate is not his
opponent who is not a municipal officer
at great disadvantage? Is it improb-
! able that the former may WELD his pow
er to promote his own election? Can
| law which would sanction such posses
sion of power be termed fair law, one
designed to promote pure and fair cleo
tons? The law presumes that all candi-
| dates shall stand equal at the polls-that
none Shall D6 armed WIN du uuIdlT du-
vantage over the other. If Mr.. Fessen-
den is right then this view of the law is
wrong.
But the Secretary of State combining
his view to one single section of the law
and excluding from his mental vision the
other provisions of the law contends that
| election officers in Section 81 above
| quoted refers only to the election clerks.
| 1 agree with him that it does refer to
election clerks, but / contend also that
the term election officer applies also to
| the municipal officers.
Why does the law make an election
clerk ineligible to the position of cleo
ton officer? Because it intends that at
an election he shall be impartial But
as have pointed out such reasoning ap-
| plies with ten-fold force to municipal Of
! ficers because the law confers upon them
infinitely more power than upon the cleo
ton or ballot clerks, whose province ul-
| der the law is merely to have control of
the ballots, and if requested to assist il
literates and those physically disabled to
mark their ballots.
| For these reasons, said Mr.. Looney, l
am of the opinion that the term election