The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1900-11-01
POLLS Open TILL
ALL have VOTED


character, whereas the provision In re-
card to the hour of closing the p0,is
lis DIRECTORY. Section 40 reaos III
mo Mace n suitable compartment or
snsce i'm which shall be placed, at
noint convenient for voters. the TWO
| ballot boxes herein provided Tor. sec
| ton AZ provides the details OF .he
In,etbods employed in arranging the In
teriors of tbs. booths. The latter para
p,aph of section 10 says, When
voter is in the balioting compartment
for the purpose OF marking ms paiot'
no other person shall. except as pro-
vided in section az hereof De allowed
| 90 enter the compartment or be In
nosition from which he can observe
| how the voter is marking his ballot.
AS TO DISTURBANCES.
LAS to question number 2 which re-
fers to propapie csturpaiS, uon
| see why that should necessarily be so.
The whole ruling is based purely upon
| tho necessity of the case, and should
| the polls at any time during the day
remain uncccupied by voters. the in
spectors would not continue the hours,
but would close at o'clock 1T RESTS
lENTIRELY WITH THE REQUIRE
MENTS OF THE VOTERS.
Now for number 8. taking In the IL
O'clock limit. The day upon which an
election is set Is also decided to be
mandatory. and cannot be changed
over from one day to another. Conse-
acently the time limit is midnight.
Number 4. his has been felt to be
a violation Of the mandatory provisions
of the law, whereas the prolonging or
the hours in which to allow the voters
to cast their ballots. is directory"
POINTS TO CONSIDER.
| Mr.. Cooper stated three situations
had arisen with reference to the COM
ing election. First, the closing of the
polls by the inspectors at any time
e fter they ere satisfied that all the
voters in their precincts have voted.
Second, the closing of the polls at :
O'Clock in case there are no duly quail
tified voters present Offering to vote.
Third, the keeping open of the polls be-
yond o'clock II during the day the
polls have been continuously occupied.
and IL at the specified hour for closing
there are still others present who. de-
sire to vote and have the legal right
tic do so.
For instance, IL in precinct 1, Fourth
District. all the voters have cast their
ballots by ; O'Clock, and the registra-
ton lists show no more voters entitled
20 cast ballots. the polls can be closed
lat O'Clock.
IF in precinct 2. Fourth District.
voters have been standing in line all
day. and no interims of any conse-
lquence have occurred from sunrise to
sunset. then the judges. under Mr.
lCooper's ruling. could prolong the hour
l,f closing .Intil the lists had been ex-
hausted, or until an interim occurred
(which would prove to them that there
vas no hindrance in the way of other
voters coming to the polls and voting.
IF in precinct 3. Fourth District,
there should be as many voters as in
lrrecint 2, and yet during the day there
had been several stretches of time
wherein the voters did not avail them
selves of the opportunity to vote. then
the judges would have the right to
Ielose the polls at o'clock.
THREE BALLOT BOXES.
There will be three ballot boxes, in
stead Of two. as provided for in the
rules and regulations governing cleo
ltions. One for Delegate to Congress-
lciie for Senator'S. and one for Repre-
seLtatives.
That is another directory provision"
said Mr.. Cooper. THE ballot box for
delegate to Congress is perfectly in
line with the reasoning. Of the rules.
Il have prepared the following brief
upon this question which 1 believe sus-
tains my position thoroughly In one
l:f them the New York Circuit Court of
lAppeals takes the stand that il voters
are in the Iolling room when the hour
for closing arrives. and they are legal
voters, they can cast their ballots
without prejudice
The brief in full reads as follows:
Constitutional and statutory provi-
sions for the conduct of elections are
either mandatory or directory, and a
violation of a mandatory provision
VIII avoid The election without regard
to the motive of the persons guilty of
the violation and without inquiry into
| effect q M thA oil
but I'm case of "a directory provision
the election will not be set aside un-
less the disregard Of the provision has
been produced in the result of the
election. When the election is fair
and honest, courts will not disfran-
chise the voters unless compelled to
DO 50 by the peremptory requirements
of the law.
Directory provisions are such as are
not OF the essence of the election. but
are Enacted as a guide to the officers
OF the election. AS to what require
ments are mandatory and what are
merely directory, the cases are not all
In agreement. and 1t may be difficult
In some cases to determine from the
authorities into what class a provision
falls, but IL may be said that the ten
dency of the courts and also of legis-
lative bodies Is not to hold a provision
mandatory unless 1t is clearly of such
a character that its violation will tend
the result of the election. unless IL is
declared In the law that its violation
shall render the election void This is
true even II the language is prohibit
tory as to officers or even IL it's viola
ton may subject the offending officer
TO penal liability. Is Am. & Eng. Enc.
325)
IL the polls are kept open after the
proper hours to permit legal voters to
vote when there was not time enough
to receive all the votes within the
proper hours, and no illegal votes are
taken, 1t would seem as though. all the
votes should be counted and II has
been held that the requirement to close
at sunset is directory only. Is Am. &
Eng. Enc. 322)
The closing of the outer door OF the
room where an election Is held at sun
down. and then permitting the voters
within the room to vote, will not rem
der the election invalid unless II is
shown either that legal voters were
excluded by closing of the door or that
. illegal votes were received after sum
| Tho of 10.