Jamestown weekly alert. [volume] (Jamestown, Stutsman County, D.T. [N.D.]) 1882-1925, 1899-07-13
OUR ELECTION LAW.
Points of General Interest in
the Australian Ballot
Law Construed.
The State Supreme Court
Throws Some Light on
Disputed Sections.
The Interest Of the Voter.
Something About Ballot
Boxes Exposed.

something About Ballot
Boxes Exposed.
| 10 the supreme court decision in the
case OF Howser vs.. Pepper, from Nelson
county. an election contest case involv-
ing the Office OF clerk OF court, there are
| decided number of points with re-
lation to the Australian ballot act. AS
election contests, the syllabus ot the de-
cision will he interesting, as stating the
| findings of the court with reference to
| the questions OF law. The court decided
| that the election was tie and so re-
manded the case to the district court
| for settlement as the law provides.
The decision holds that the law does
not oonfine the jurisalction of the die
trict conrt to try election contests to a
limited period; that the purpose of said
section Is to create speedier method Of
irving such election contests than thut
afforded by the procedure applicable to
ordinary civil cases; that the jurisdic-
tion Of the district court to try election
contests, when acquired by service Of
the notice OF contest continues until
such contest is tryed or dismissed.
The original ballots cast at an election
are the best evidence to determine the
result OF such election.
Such ballots continue 8s the best evil
dence unless it appears that the officers
charged With their custody have so kept
them that there is reasonable proba
bility that they have been tampered
with.
When it appears that ballot boxes
have not been kept by the person legally
charged with their custody and that they
have been exposed to the reach OF ursu.
thorized persons for considerable time
the ballots lose their character as the
best evidence and cannot be allowed to
impesch the official canvass.
When the name Of pereon IS wrltted
or pasted upon the official ballot oppo-
site the Office to be voted for it should
be counted as vote for such person
for that Office even though there Is no
mark in the square opposite such name.
Ballots which do not have the pre-.
cinct stamp and initials Of inspector are
declared to be void by section 524, Re.
vised Codes, and should not be counted.
Section 491, Revised Codes as amend.
cd, which provides the methods by
which the eleotor may indicate bis
choice of candidates. Held: That
said section, so far as it relates to mark
ing within the square, is mandatory,
and that marks outside the squares are
not legal marks and are not to be
counted or considered for the purpose
of gathering the intention of the voter.
A ballot on which the elector has
marked party equare. and has marked
the name OF candidate .or any office in
the opposite ticket and has not marked
the name OF the candidate for such office
on his party ticket by an individual
mark, clearly expresses his intention to
vote for the person whose name he has
marked and not for his tarty candidate,
which intention must be gwen effect by
counting 1t for the person whose name
is so marked.
Where ballot contains other than
legal marks, such marks will be pre-
sumed to have been lnnocently or unin.
tentionally made and such ballot will be
counted nnless it appears from the
marks themselves or by evidence aliunde
that they were intended as distinguish
lng marks will be held void in the alb
sence OF q statute So declaring, not de-
oided.
Section 49l. Revised Codes rs amend
ed, only requires a mark in the square
at the top OF the party ticket, or "a
mark or cross" in the square opposite
the names of candidates. Held, that a
ballot which IS only marked with sin.
gle straight mark in the party square
should be counted.
Where an election for county Office
results IN two or more persons having
an equal nun Der OF votes for the same
office. Neither one OF such persons is
entitled to be declared elected by the
can vassing board until the result OF
such election is determined by lot upon
the notice and in the manner provided
for in section 529, Revised Codes, relat-
ing to the duty of the county auditor IN
case OF tie votes, and certificate OF
election issued prior to such determine
ton le void.
Professor Waldron Of the Agricultural
college is investigating the Rrasshopper