The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1902-10-26
Kansas Election Law Identical
With 1t.
CIRCLE AND EMBLEM
When States Adopt Them,
They Always Keep Them.


voters Of the state, irrespective of party.
The contention over fusion is about over
and there is no probability that it VIII
ever be renewed. Fusion VIII never be
attempted in Kansas again. Fusion is
dead in Kansas and no party desires TO
resurrect ii.
The controlling anu2fUsiOn feature of
the Law Is that the name of the candidate
shall not be printed moro than once on the
official ballot The identical provision is
found in the laws of a dozen or more
states. It has been Upheld as constitu-
tional by every court before which the
question has been brought. IN different
states the Legislature have been both
Democratic and Republican since 1t was
put into their laws. Yet no party in any
OF the state has ever attempted TO re-
peal it.
In deciding that case the Supreme court
settled some questions very definitely, fol-
lowing the decisions in other states. It
could not 80 on both tickets 1t ordered
Grishams name taken off the Peoples
ticket and put on the Democratic ticket.
This was done because il was shown by
oral evidence that tbc Democratic nomin-
alton was made first, although this fact
was not disclosed by the certificates of
nomination. The court held that the
Secretary Of State could select a nomin-
alton for a candidate only in cases where
tie two nominations were made stimuli
tsneously. Hence. the selection made for
Grisham was void for want Of jurisdiction
b. that officer TO make it.
Following this rule all county nomin-
ations must so on the tickets Of the party
making them first, unless the candidates,
prior to October 6. filed a sworn state
ment electing 10 take some other noulin-
elton.
Heretofore the law has provided that
the number Of votes cast for the several
tickets In each voting precinct or county
should decide the order in which the
several tickets should be placed on the
official ballot in that precinct or county.
This placed the same ticket in different
columns in different counties.
The new law makes the order of the
tickets on the ballot uniform throughout
the state It is determined by the vote of
each party in the state ror Governor at
the last election.
Under this provision. the Republican
ticket comes in the first. the Democratic
ticket IN the second and the Peoples
ticket in the third column in every pre-
cinct in the state.
Heretofore the names Of candidates
have been printed in plea capitals. Under
the new law. they must be printed in
BREWER capitals. There was some uncer-
tainty about this point ard the Attorney
General was called upon to decide it.
Outside of the anti-fusion features the
rev election law is taken almost literally
from the New York law After consult
ing THE law and the New York decisions
on Il. the Attorney General held that
BREWER capitals instead Of plea Capitals
must be used.
The 10 Nomination provision is taken
literally from the New York law. Where
ever it occurs. It must be followed by the
regular voting square. Under each OF
party headings Of the six tickets certified
to the county clerks by the Secretary OF
State. the title OF each and every Office
to be filled at the election must be print
ed on both the general and township bal
lots II every case where there has been
70 nomination made. or where a nomina-
ton that has been made can go o nthe
taiiot, the words NO Nomination must
be printed under the title OF the office
The law provides that ballots that are not
printed in accordance with its require
rnents shah not be voted and if voted,
can not he counted
Heretofore everything has been voted
for on one ballot. The new law puts the
rorninees for state. congressional. judicial
and county officers on one ballot and
township officers on a separate ballot
Constitutional amendments go on third
ballot. In many states tho county Off
GERS are or ballot separate from all
others. The separation Of the township
ballot from the other viii have ten
dencv to increase the number o. straight
general ballots.
Experience has demonstrated that under
the old practice only a small percentage
OF the voters have known when they had
constitutional or other public questions 10
vote for: a separate ballot win call their
special attention 10 tho tendency OF such
QUESTIONS. A SEPARATE ballot box must
be provided Tor each OF these ballots.
Heretofore voters have had 10 make a
separate mark opposite the name OF each
and every candidate for whom they de-
sired To vote. Many voters marked only
q few names at the tops of their ticskets
and then quit. ms was apparent IN me
vote for Presidential electors in 1901. The
total vote Of the state for the first one Of
the ten Presidential electors vas as fol-
lows:
A. ". Smith, Republican -...--..-...lS5 955
Joseph r Fusate. Fusion -...-....... l62. 6oI
c. H. Strong. Social Democrat. ..... ISIS
Total Of al parties --.....,...... S5S .S66
The total vote of all parties for the last
Of the last ten electors was as follows:
J. O. Thompson. Republican. .1Se. 79s
n ] Roetzel. Fusion .....-..-.-...-. 50
c +. Hnlabold. Social Democrat .... 1853
8. B. Kokanour. Prohibition.......... s.5ls
Total OF all parties ....--.--.-... Si7.s6S
Thus il viii be seen that 6Ss9 people
voted Tor the first elector who did not
vote for the tenth one on their tickets
This was because they got tired. or quit
rraking the ballot for some other rea-
son before they got through. This same
~nethcd OF marking the ballot has divided
the Presidential vote OF states 81 differ
ent times.
These 6 $50 Kansas voters desired TO cast
q f..n votA for their ehoies Tar PrsSi-