The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1902-09-15
CAN DENIS VOTE AS REPUBLICANS?

To the Editor of The Journal
It has been suggested that certain
democratic voters have been solicited to
ask for republican ballots at the primary
election and to take a hand in the repub-
lican contest for congress. The question
has been raised as to what shall be done
by the judges of election In case q known
democrat shall ask for a republican bat
'lot?'r Shall the Judges Of election give
him the ballot or notQ 49,. IT,. '-"
Our primary election law as amended
in 1891, contemplates that the voter shall
receive and vote. only the ballot of the
party with which he affiliated and whose
candidates he generally supported at the
last general election and with which party
he proposes to affiliate at the next cleo
ton"
The exact language of the law makes it
necessary for the voter who calls for a re-
publican ballot to declare that he affili-
ated with the republican party supported
it's candidates in the main at the last
election, and proposes to at the Novem-
Der election. When he has done so, by the
language of the law, he Is entitled to a
| republican ballot, unless This right thereto
is challenged Then he must make a SIM
liar declaration under oath. Having done
| this, the, avowed republican voter must
surely receive the ballot and take the
chances
| But what is the duty Of the judges, in
case a voter whom they know to be a
| democrat, makes the republican declara-
ton and no challenge is interposed? 1t
| is clearly the duty Of the judges them
selves to make the challenge. Before a
| judge or clerk Of election enters upon his
duty he solemniy swears that he Twill
studiously 'endeavor to prevent fraud, de-
| ceit and abuse in conducting this cleo
ton Any judge Of election who per
mits a person who, he has reason to sus-
pect, is a democrat, to receive a repub-
licant ballot, without interposing a chal-
| lenge, does not ''endeavor to prevent
| fraud, deceit and abuse" as he has taker
oath to do, and renders himself liable tc
the punishments prescribed by the law
Section 81 Of the general election law
which is adopted as a part of the primary
law, provides that other persons may chal.
lenge a voter, but leach Judge Of election
shall challenge the person about to vote
at the election whom he knows or sus-
poets to be not duly qualified as an cleo:
| tor" He may also challenge after the
voter has marked his ballot. See Sec. 1O1
At the primary election voter must quail
ify as member Of some political party
having a ballot at such time, before HI
lis "duly qualified as an e1ector'' at sucf
primary. Hence both the judges oath ane
the express command of the law require
him to go back of the mere declaration o
the suspected voter. 1t is his duty to in
terpose a challenge and to institute
searching inquiry under oath of the voter
The penalties which a judge who fail
in this respect may be made to suffer ar
those set out in section 159 Of the genera
election law, viz: imprisonment in tn
/ state prison for term not less than 81.
months nor more than one year, or by
fine of not less than $500 nor more thai
50, 900, or both, in the discretion Of tn
court" 49,. ..-
Il (Signed) .-- &C. s. Cairns.