Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1897-01-14
THE BALLOT LAW.
Suggestions to Legislature by
Hon. Nicholas Fessenden.
Present Form Of Ballot and Marking
Should Not Be Changed.
A Ballot Law Commission Suggested Pro.
visions for Special Elections.

Tuesday afternoon from Nicholas Fes-
sender. secretary of State, under date
of Jan. 1st, 1897. 1t was laid upon the
| table to be printed. pending reference.
| TO the Senate and House of Repre-
sentatives Of the 6Sth Legislature OF
| the State of Maine.
| have the honor to submit the fol-
lowing suggestions relating to the
| election laws:
The fact that Al states of the Union
have adopted some form of the So
called Australian. or secret ballot,
seems to indicate that this method or
system is to become universal in this
country.
The further fact that nearly all these
states have either in the first instance
adopted the blanket or secret ballot in
| preference to the envelope ballot or
else having tried the envelope ballot
have discarded it for the blanket form
seems to indicate that the latter which
is the form used in this State, is to be
preferred as the Mst.
| After a careful, examination Of the
| laws. systems 8ld ballots in present
use In most ofsthese states ! am con-
WINGED that the form of ballot and
method of marking the same now ex-
listing in this State is the best of them
all, being the most simple and plain
and therefore the most easily under
stood form of ballot. requiring the least
| time for correct marking and at the
same time placing the burden of cor
rect marking, II burden there be. where
| II properly belongs. to wit. upon per
| cent of Independent rather than upon
| the 80 per cent. of straight party
voters.
While | am convinced that no change
! in the form of ballot or in the method
| OF marking the same is necessary or
desirable. the experience of the past
year has satisfied me that certain
amendments To the law are very neces-
| sary To the more perfect working of the
system in this State. And in suggest
| ing these ! have 10 say that each has
been demonstrated to be necessary in
other states. none of them being novel
| or untred.
! have the honor to suggest that a
| non partisan ballot commission should
be provided TO determine all prelimin-
AIRY questions relating to nominations
and nomination certificates.
This is a provision which l consider
| Indispensable to a correct Australian
| ballot system. 1t need not be expen-
sive. would more than repay its cost,
is an approved use in the states hav-
ing the most carefully drawn election
iaws,and is of prime Importance.
/ append the text of the Massachu-
| sets law governing this feature as an
illustration. putting the same in the
form of an amendment to sec. : of our
present law together with new Sec
| tions. "a. s.. So. 81, being additional to
the present act entitled Ballot Law
Commission
Strike out section and substitute
therefor the following:
Sec. !. When certificates of nom
nations and nomination papers have
been filed in accordance with the pro-
visions of this act and are in apparent
| conformity Herewith, they shall be
| deemed to be valid unless objections
thereto are duly made in writing. Such
objections. in the case of nominations
Of candidates for state offices and city
offices. shall be filed with the secretary
of State or the city clerk as the case
| may be within the - hours succeeding
law within which nomination papers
may be filed for the nomination of can
didates for such Office.
OBJECTIONS to certificates of nomina-
tons and nomination papers, which
are filed in accordance with this sec
ton. and all other questions arising in
relation thereto, shall. in the case of
nominations of candidates for State
offices. be considered by the board
hereinafter established and known as
the ballot law commission.
Such objections and questions aris-
ing in the case of nominations of cam
didates for city offices shall be con-
sidered by the board of registration (or
voters of the city together with the
city clerk. if not member of said
board of legislation and the city So
licitor. and the decision of the major
ity of these officers shall be final. The
boards thus established in cities to con-
slider such objections and questions
may at hearings upon any matter
within their Jurisdiction summon wit
nesses and administer to them the
oaths. and may require the production
of books and papers. and such wit
nesses shall be summoned in the same
manner, be paid the same fees, and be
subject to the same penalties for de-
fault as witnesses before the supreme
judicial court. a summons may be
signed and an oath may be admin
lstered by any member of such board.
I'm case any such objection is filed,
notice thereof shall, by the secretary
Of State or the city clerk as the ease
may be. be forthwith mailed to the
candidates affected thereby, addressed
to their residence as given in the GER
tihcates of nomination or nomination
papers and to any political party COM
mittee known to the secretary of State |
or city clerk as the case may be, as |
especially interested in the nomination |
to which objection is made.
Whenever a greater number of can
didates bearing the same political or |
other designation. are nominated for |
office than there are persons to be
elected to such office. the boards
charged as above with considering OBJ
jections to such nominations. shall de-
termine which of the candidates. if
any, are entitled to such designation"
Add to the present act the following