Albuquerque daily citizen. [volume] (Albuquerque, N.M.) 1895-1903, 1902-11-20
JUDGE B. s. BAKERS DECISION


10 adopt or use such mark or d~esignat-
ing device for election purposes. and
makes 1t unlawful to cause the same
to be placed or printed on any other
ballot or ticket, or any ballot or ticket
which does not contain all the nomi-
nees of the convention, or party adopt
ing such mark or designating device;
and said section makes 1t unlawful for
and person after the adoption and fill
ing of said mark or designating device
to print or cause to be printed, to ut
ter. distribute or circulate, or cause to
be thus done. any tickets having there
on such designating device with any
name printed thereon other than the
nominees of thee invention or party
adopting such designating device. Now
we are called upon to construe the
meaning of section 1898: If this stood
alone, that is, the meaning | have al
ready given to that portion of section
1888 that attention has been called to
it would then seem that it being un-
lawful to do the things mentioned
and | might add also that it makes 1t a
felony and provides for punishment by
Imprisonment in the penitentiary for
the doing of these things, that h leg
islature had in mind the prohibition so
far as possible of any fraud or decep-
ton in elections.
1t would seem from the foregoing
that a ticket having a designating de-
vice at the head, no one could NEEDLE
with it in any manner or form. You
would have to vote hat or vote moth
ing, provided you used a ticket that
had a designating device upon it. And
to carry out this idea 1t would seem
that the legislature had it in mind. for
the reason that the first proviso of that
section is, that nothing in this section
shall be construed to prohibit any per-
son from erasing or changing in any
manner any name on any such ticket
or ballot voted by said person." If they
had the right to use the designating
device with other names than those
adopted by a convention or any portion
of them, then it would have been I'M
necessary for the Legislature to have
added this proviso. In other words,
IL would seem that this proviso implied
that even an erasure or alteration to
the effect that some other person
should be voted for upon the ticket
| than the one printed thereon under
such designating device. would have
| been unlawful were it not for this pro-
viso. And it will be noticed that in the
next proviso the statute provides that
the section shall not be construed to
| prevent any executive committee of
any political party holding such con-
vention that adopted such designating
device, from printing on said ballots
under said designating device the
name or names of and candidates Sc
lected by such committee, IL author.
lied so to do by the convention adopt
ing such device. 1t will be observed
that section 1884 provides the exact
size of ballots and that they shall be
upon plain white paper. Why this
Only for the purpose of preventing
frauds; that is, from deceiving the vot
err. In the last named section it fur
Their provides no such ticket or ballot
shall have any mark or number or des
ignating device on the back, so thai
its character may be known wher
folded. Why this? So that the vote
purchaser cannot follow his ballot ant
hand it to the man purchasing and SCI
that that ballot goes into the box. | an
OF the opinion that such ballot is no
only a fraud and a deception calculat
ed p%urposely to deceive and defraut
and to prevent an honest election, blu
hat such ballot Is absolutely void
and cannot be counted. And VIII.
things come to desperate straits, a
they do sometimes at an election, II
party wants to know just how some in
dividual voted, he could then get up
ticket in manner and form as the In
dependent republican is in this case
and IL the ballot could be counted the
the party would know If he had cause
unlawfully ten people. for example, I
vote said ticket when the election boar
was canvassing the returns, exactl
how many of such ballots were put il
to the box, and If all the considerable
for them had not been paid in advanc
then the balance would be due .upo
: such evidence being produced. In shol
you could buy votes and know the
, were delivered according to contrac
This is just what the law is trying I
[ prohibit.
. You will observe that under sectio
1884 they do not allow any ~caricaturs
. or marks in any n or form to
Q placed upon the back of such ballot
Z OF course, that law is for the purpo:
of preventing the Identification of
A mans ballot after being put in the DO
A or while it is going into the box. {
y not believe it would suffice to call b
:. fore the court in a contest of an ele
ton a number of people to state tn
they cast such ballot knowingly al
p~urposely. because If they did vote
g under undue influence of course tn
/, did n at will. hut n was a fraulul