Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1894-02-08
Secretary Fessenden Inter-
viewed Regarding Il.
Certain Musts Of Which Voters
Should be Informed.


OtsteS ZIG oSneA O@ys V0t AePVftSI 4ooAu
that officer busily engaged in preparing the
manuscript for pamphlet of instructions
upon the Australian or score. ballot law -
j. now stands. Drawing the secretary into
conversation the JOURNAL man gos few
points which seemed worth calling the IT.
tention of the people to, in view of the
approaching city elections. Speaking Of
the different changes introduced into the
law, the secretary said that perhaps the
most important one of all consisted in the
new method of marking the ballot, taken in
connection with the recent decision of the
supreme court in the case of Curran 70.
Clayton, which established new principle
as to counting, very unlike the established
principle hitherto prxcticed.
Since Maine became q State until the
ballot act Of 1891, the practice-correct
practice TOBIAS been to give effect to the
voters intention, whenever that intention
could be determined. The rule being
bread one has undoubtedly been abused by
counting officers in the intere.t of one party
or another, many times. The decision in
the case quoted establishes q new rule, de-
priving counting boards Of any power they
may have had to ascertain tn, voters IN
tention aside from The ballot and the marks
thereon.
The new method Of marking requires the
voter to designate his choice of candidates
by an X mark in q square over the name of
a political party or designation, instead of
an X within blank space at the right of
the name Of candidates, or at the right of
the political party name, as was the method
two years ago. Under the decision referred
to ballot cannot be counted un-
less it is marked by full X
mark. No other mark will suffice;
nor can it be counted unless the Y mark 10
,eithin the square. A Y mark anywhere
else than in the fquare would render the
ballot defective. For instance Y mark
opposite the word Republican" at the head
Of the ticket would under the old rule Of
counting have furnished sufficient ground
for counting board to infer that the voter
intended to vote straight Republican ticket,
notwithstanding the law required such mark
pithin square. Under the new rule a
ballot 90 marked cannot be counted. The
same 10 true no matter where the X mark
is upon the ballot, unless within the square.
This is a most marked and important de-
parture from the old customs and rules,
and both voters and counting officers should
have it well impressed upon their minds.
This rule governs the counting of all bal
lots-straight or split, because under the
present law, if voter would vote split
ticket he must still mark his X in one of the
squares on party name, precisely a. II he
intended to vote straight, and then in
the column below erase and insert names
to suit his pleasure. In effect no
ballot can be counted unless it
contains an Y in one of the squares at the
head of the ballot. Another point-the
present law makes plain what perhaps was
fairly inferable under the act of 1891, viz;
The voter who desires, may all in or insert
the name or names Of candidates by
writing, by printing or by using "sticker.'
This is a somewhat dangerous privilege to
the vster, because to be Of any benefit such
sticker must be pasted in the right place,
and If by error it should be found in the
wrong place upon the ballot, the result
might be disastrous indeed.
Another all important change consists in
defining the manner in which counting Off
GERS shall count. Such officers must allow
the voter "ample opportunity" to observe
the counting. Hereafter wardens and all
other counting boards must count the bal
lots openly so their actions can be observed.
Under the present law warden would be
subject to heavy penalty who should 80
withdraw himself and the ballots while
counting that the voters could not ''observe"
the counting.
As further precautionary measure in
this line, election clerks must witness the
counting. This 10 made one of their official
duties. The voter who chooses to do 90
may observe the counting, and the election
clerks must witness it. but neither are
allowed to hinder or interfere with the
counting in any way.
An important change was made 10 the
last Legislature relating to the preservation
Of the ballots. Two years ago the used
ballots were not required to Be kept. while
the defective, the cancelled and the unused
ballots were required to be preserved. The
law now requires al ballots to be kept, and
further that they shall be kept - ''puohc
records"-that 10, open to inspection OF the
public At proper times and in prope places.
Yet another marked change was made in
regard to the assistance to Be rendered
voters in marking ballots. Under the act
Of 1891 the voter entitled to assistance
selected lone or two" Of the election clerks
to mark his ballot for him. Under the act
Of 1898 two clerks, . Republican and
Democrat, must assist the voter. but these