New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1898-03-06
ELECTION LAW DANGERS.
CONTESTS WHICH THE COURTS MIGHT
NOT BE ABLE TO HANDLE.

~ A CLOSE ELECTION. JUDGES SAY. THE BALI
,ors REJECTED on ACCOUNT OF ALLEGED
WRONG MARKING WOULD SWAMP
TuEM--NEw PLAN SUGGESTED
Albany. March (SpecaD.-So many ballots were
.,sc;ed al the last election and at several previous
factions for some reason or other. that the Judges
:. ,,e courts before whom election cases come are
,nrehensive over the possibility of close cleo
,,or IN this State like that in 1884 between Mr..
maine and Mr. Cleveland. followed by complaints
=, gigantic frauds. In the Feeny-Cromwen contest
aver the office of President OF the Borough of Rich
md the Appellate Division Of the Supreme Court
Gov the Second District recently said
In case of a close Presidential election the evil
and disorder that would ensue from such state
., affairs it is difficult 70 estimate The power
The shape of one mark. or bad on account OF the
shape Of seT Rather Of baH ee roSs hs
and the most delicate exercise of discrimination
and dsa S ae TS o% qse pa o
must go across another line 20 constitute the statu-
uss Sa nf for It
simply 70 a Gse By By opsn o dispute sps
The great safety and security Of the election sys-
he rule never relaxed. that the district canvassers
must canvass every vote In the box. ana that me
metic. Fraud may be and in the past undoub;-
fdly has been pcrpeTatcd in counting the vote IN
he
acts have been Of comparatively rare occurrence.
But men who would hesitate at making a deliber-
cding a marked ballot be good or bad as it
helped hurt the party TO which they 6eioSnggea
and especially safe from the errors of the prison.
The evil of a corrupt exercise or the elective
hing and it is always well TO that in prevent
ing one evil @ n e e sa" creae sHus 70
that the latter TO some extent IL the erect OF the
q he
more simple, and so mat no power De gwen 10 inc
local canyassers 10 declare that any ballot actu-
aly cas-; is void
CHANGES PROPOSED BY RAINEs.
s.,o+o- Raines is apparently aware of some Of the
DANCERS involved IN the present Ballot law, for he
has introduced bill TO cure various defects in It,
The most important amendment is one which takes
out Of the law the following statement which I'M
doubtedy has been the cause OF the rejection OF
many ballots:
mark other than the cross (X) mark used for the
purpose Of voting or q name or names WI written ha1
lot which shall be found 10 be defaced or torn or
from v hich there shall have been erased any ae,
marked or written upon other than by pencil hav-
ing black lead. shall be wholly void and no vote
thereon shall be counted.
The bill prepared by Senator Raines also says:
II the elector shall have made voting mark In
the circle above ticket only, and shall have also
made voting mark in the voting space or spaces
before the name names Of candidate or candi-
dates on one or more other tickets he shail be
deemed have cast his vote for all the candidates
on the ticket so marked IN the circle. except for
those for whom he has indicated MS intention not
10 vote by making voting mark IN me voting
space before the name or names OF individual
candidates on one or more oiher tickets or ny
writing name in the blank column and the can
6date or candidates so individually voted Tor on
such other ticket or tickets shall be deemed 10 DC
the voters choice for such ONCE or offces; pro-
v5ed. however that:
for the Office, as Two or more justices OF me
Supreme Court or Presidential electors, and the
printed under the tide of the ONCE for which all
are running. and the elecior shall nave mace
voting space before the name Of one or more or
group Of candidates for such Office on other tcK-
cts providing that he shall not have marked the
names Of TWO or more Of such candidates upon the
have cast his vote for all the candidates for such
Office SO Individually marked and for those marked
such circle 50 marked whose names are upon the
s s 90 On m aS as eS or Written 81 6Nf h
Sahk 5 p H b IN 1dd HI ead % ~ S c n
he shall also have made a voting mark befo.e
each one of the group Of candidates for such office
marked in the circle; provided further. however
When two or persons are to be voted for for
the same Office, two or more justices OF the Su-
names Of the several candidates therefor are printed
on any ticket under the title OF the office for which
voting mark In the circle al the head Of the ticket.
ana shall also have made voting mark in the
the group OF candidates for SUCH office printed on
the same line on the ballot on other tickets, or by
dates s n the 6ia5k column he must also indicate by
voting marks in the voting spaces on the ticket SO
the group Of candidates such ticket for whom he
sess 10 yS or his 9te G sha S S4y be ted
dvl1ually marked on other tickets written in the
blank column.
LESSONS OF 1884
It would appear that even these requirements
give inspectors of election great deal Of liberty
which they should not possess 10 reject ballots.
The Judges Of the Appellate Division Of the Sec
ond Division said about the Feeny-Cromwell case.
10 which allusion has already been made;
In 1884 the control Of the general Government of
this country transferred from one party 10
another by the result OF the electon IN the staIe
OF New-York on an average plurality or votes toT
electors exceeding two thousand. Under the
US that the number Of ballots rejected as void
in the count OF each election district at the recent
ngs OF various boards of canvassers as 10 what
are void ballots under the statute and what are
IN NAM instances star reversed the determination OF
the canvasssrs. II such proportion OF Vold pal,
amount would far exceed ten thousand. a number
FIVE times great as the plurality or the sue,
eessful candidates for electors IN the FTes'oen'"
The contests which have arisen in the single single
for many DAYS and this branch OF the court for
three days Yet the validity OF less tnan TWO nun
OF the parties the ballots In dispute were reduced
to far less number an eeGsn %e through
out large territory were TO be brought In review
before the courts, We are ehaey G,ea yoS
break down by the weight and number OF a,, ne
Issues TO be decided and IT %oa a o of adica
labor decide the election questions IN Ir,e
ment their official terms In case OF a c ,6
Presidential election the eyil and disorqer ana 5ha,
would from such state OF hna lls u ID u"'
10 scarcely