New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1896-09-16
ELECTION LAWS DEFINED.
JUDGE DEPUEs TIMELY CHARGE TO THE
ESSEX COUNTY GRAND JURY.

AND DISTRIBUTION OF BALLOTS. THAT THE
ELECTION MAY NOT BE INvALrDArEp
By ERRORS OR FRAUDS.
Judge Depue who absent from the Esse1
County courts when they convened last Tuesday,
yesterday delivered his charge TO the Grand Jury.
The charge mainly relates to two subjects, Namely
the printing OF the ballots which in the late charter
election was done so neggently that hundreds OK
ballots were contested and a seat Is now penons
in the Supreme Court, and the Illegal practices at
the primary elections preceding the charter eiec-
ton. He said in part
| refrained from instructng the last Grand Jury
on this subject while a recount was pending Inc
recount was not concluded until near the cIose Oh
the session Of that Grand Jury. This Grand jury
Will continue its session until after the IAN eiec
the necessity Of the strict enforcement Of the laws
regulating the conduct Of elections.
pamphlet prepared under legislative authority
for the instruction Of election boards contains the
election laws with amendments embodied showing
spection Of this pamphlet Will disclose the fact that
the legislation on this subject has covered the en-
tire field from the election of delegates 10 primary
meetings TO the final act OF the Board or canvas.
sers ana ny oil Sse IA bs INN te direct
attention TO those statutes which prescribe the
aTson and distribution Of official Dalots for use At
the polls
After reviewing the various acts passed since 1878.
he said:
On an examination Of the statute it Will be per-
ceived that from the first step in the choice Of pub
candidates, down 10 the consummation OF the 90.
Ject OF holding an election in the certiicatlon OK
the most stringent regulations and ample means
for furnishing fraudulent practices and conduct
ness of popular elections.
PREPARING THE BALLOTS.
With respect the preparation printing and dis'
tribution of official ballots and envelopes, the law
Is expressed with precision. BY Section % OF the
Ballot Reform act OF 1897 amended by the act
of sso. it is made the duty OF the county NUM-
clpa clerks to provide and cause 10 be printed the
1c,aI ea9ts ana envelopes IN the amnGs t anI
I'm s ne ~ vnnn,cnai
clerk for any election 70 BE- held within his county
paper to be Of uniform size, quality and type. and
OF such thickness that the printing thereon Sannoi
without any mark word, device or figure thereon
section AMENDED by the act of 1898 prescrbes
what shall be printed on the back OF the ballots
"a as amended by the act Of 1891 provides official
envelopes to be provided and furnished by the
description therein prescribed. and also for the
manner in which the printing Of me SAD
1t is. by section 49, made the duty OF the clerk 10
packages. by section 81 as amended by the act or
1892 any qualified voter may procure IRON TN, tne
Der OF official ballots to be printed and ready or oe
livery to such voter or his agent at the Once on
before the election at which said ballots are in,
tended to be used. And such ballots so printed and
distributed before election day and be voted by any
voter desiring to do So under The ane
vides that all ballots shall be printed and In the
five days before the election and subject to inspec-
ton and examination by the candidates ana thel n
agents; and If any mistake be discovered. It shall
be the duty of the county municipal clerk TO cor
rect the without delay by causing new ballots
rate or incomplete, and those found TO be inaccu-
rate incomplete shall be destroyed Section %
or omission has occurred in the printing OF the
ballots by any county or municipal clerk, any voter
resident in the county where the error or emission
occurs may present 10 the Justice OF the SupreanSs
county a verified statement setting forth such error
or omission and said Justice being satisfied thsxeof
county municipal clerk TO correct such error or
show cause before said Justice az inc shortest
possible day why SUCH error should not De cor
section GA enacts that If any printer employed by
any county or municipal clerk to print the official
ballots and envelopes, either or any of them for
same shall APPROPRIATE to himself or give know
ingly permit to be taken any OF said ballots or
municipal clerk or his duly authorized agent, or
shall print cause 20 be printed any ohcia Dioi
by such coGnty or municipal clerk or WIN any
1 ON nm,ss or pr3ng thereon arranged in any
other way than that authorized ana directed py
Of s aS and on convicIon thereof shall
be punished by fine not exceeding 81 900 or mprson,
ment exceeding five years, NJ the discretion Oh
the court before which conviction is mad =,
The ballots Eo so no bao on ' ep Prepared
for that purpose; they are only a Specined nuuper
of official ballots prepared and printed. as otner
official ballots. and TO be delivered only 10 inc
county or municipal clerk or his duly authorized
agent and not 10 any other person, and are 10 De
subject inspection, examination. correction ana
judicial supervision. provided for In sections W
| and 49, Such ballots differ from other cnclal pal
lots only in the fact that they are printed az the
expense of and are to be delivered TO the qualned
voter making requistion for them four days before
the election instead Of being transmitted 10 cleo
ton officers, provided for by Section 3,
The duty examine the ballots ana correct
errors In them Is duty TO be performed Tor INC
security OF voters that they may NOT be deprived OK
the elective franchise through no fault or their
own and IL on a parity with the duty OF the clerk
TO give out ballots to the voter making the re-
oulstion for them. And every pubic ofncer upon
whom any duty IS imposed by the Ballot reform
act who wilfully neggently violates his duty
or who negects or wilfully omits 10 perform INC
| demeanOr.
! II will be observed examination or the sew
eraI statutory provisions this subject that the
duty Of preparing and causing TO be printed and OK
delivering the official ballots, whether to election
officers or TO voters who may order the same. de-
wolves exclusively upon the county or municipal
clerk and that the duty of such officials IN inc
premises cannot be delegated to or usurped py any
other person. - ........
These statutory provisions not statutes
passed In terrorem. 10 be violated with impunlty
nor can they be treated legislative measures
adopted 10 crafty public sentiment with the de-
fusion that the sacred right citizens possess,
he right choose their own officers, was thereby
adequately protected and secured.