The Providence news. (Providence [R.I.]) 1891-1906, 1904-11-29

To The state returning board:
Gentlemen-The undersigned. candidates
for office upon the state ticket al the re
cent election. holden November sth, 1904,
being OF opinion that the rule hereinafter
quoted AZ length, under which the board
has acted in counting the ballots cast at
said election for candidates for congress
in the First Congressional District, has
resulted in rejecting many ballots con-
trary 10 the true intent OF the law. and
therefore unjustly disfranchising the
electors who cast the same. respectfully
request the board 10 abrogate said rule.
and in counting the state ballot cast at
said election. to adopt and act under the
rule hereinafter prescribed. or some sim
liar rule. which will as nearly as possible
accomplish the result thereby sought TO
be attained
The rule sought to be abrogated reads
as follows Rule & All ballots having n
cross al the right Of the printed name Of
one candidate only for the office OF repre-
tative. whether in the square or In the
margin. and having no other mark there
onaand all ballots having the name Of one
candidate for the office OF representative
wAfstvn or pasted in the place provided
the right Of the same, whether In the
SQUIRE or in the margin, and having no
other mark thereon shall he deemed valid
ballots. and no others,
OBJECTIONABLE FEATURES.
The following words quoted are the par
ticularly Objectionable features OF thp
above rule:
And having no other mark thereon.
shall be deemed valid ballots and no
others"
Your practice. We are informed under
the above rule. I'm counting the congress
sional ballot has been 10 reject ballots
on which there was the faintest trace
OF pencil mark. separate and apart from
the cross, whether in form of a dot. line.
circle or otherwise.
Under the above rule the board has
proceeded upon the assumption that the
presence of such mark indicates that
II was placed there by p. voter as a
means by which the ballot may be after
wards Identified as the one voted by him.
and so by a strict and literal adherence
TO the rule has rejected ballots In cases
where the use Of a magnfying glass was
necessary to determine whether the sup
posed mark was pencil mark or an i'm
perfection in the paper
N NO WARRANT IN LAW
The above rule. the practice there
under. and the assumption OF the board |
as above suggested we believe have no |
warrant in law. and are opposed to the |
true spirit and intent Of the system OF |
voting by secret ballot In vogue In this !
state.
Chap. IL, sec Ss of the general laws |
provides that a voter 10 vote for candi- |
date shall mark a cross (X) opposite and /
10 the right Of the name; or by filling |
I'm ths name of the candidate Of his |
choice and making a cross in like man
ner
the marking and writing upon the ballot
above indicated proceeds as follows: mo
voter shall place any mark upon his ballot
by which II may be afterwards identified |
as the one voted by him"
Same chapter section az "A voter who
shall make any mark upon his ballot by
which the same may be identified as the
one voted by him shall be punished by a
fine not less than FIVE nor more than one
hundred dollars"
Same chapter. section II: 'If p voter
marks more names than there are persons
~ be voted for. for an office or n for
any reason n is impossible 10 determine
the voters choice for any office TO be
filled his ballot shall not he counted for
such office. hut II shall be counted for all
offices properly marked
oflNlONS Or THE COURT.
The justices Of the supreme court have
twice been called upon by the governor
of the state to express their opinion in
regard 10 this law.
Their first opinion so given is reported.
In re The Vote Marks II r. 7 Sl2 where
they say: "A cross is the only mark that
can be lawfully counted as a vote" and
they further remark as follows.
If marks other than crosses we're
counted they might he used both 10
answer the purpose of crosses and 10
identify the ballots"
Their second opinion so given is re-
ported IN Re The Ballot Marks. is r. l..
s22 where they say THE placing Of
any mark hy voter on a ballot by
which II may be identified az the one
voted by him, is prohibited by said sec
tion rs" which prohibition appears in
section ss of the present statute
The justices nowhere intimate I'm either
Of these opinions that The placing Of
any mark upou ballot. other than a
cross. II sufficient reason for rejecting
the ballot, unless such mark is placed
there for the purpose % Identification !
but recognizing the fact that such marks
may appear upon the ballot say that ihev
cannot be counted as a vote. because the
eross is the only mark that can be count
81 ss vote
~ ihnA nl lntfN opinions ballot prop |
erly marked with a cross should be count
81 unless there appears another mark
placed upon the ballot by the voter 70
identity his ballot
NOT SKILLED WITH PEN
The great body of voters are not |
6raughtsmen. nor skilled In the use of |
q pencil. and many are accustomed rather
20 the use ~ q crowbar or pickaxe. and !
n would be surprising N such voters /
E could 60 through The complicated ballot |
IN use IN this state making the numer- |
ous crosses IN voting for candidates for |
fhe several ofrces to be filled. erasing /
names. and writing IN The blanks their |
cnoice for the ofhice az they lawfully |
may DO. without. IN passing from name
20 name, and page n page ~ the ballot |
accidentally touching the paper with The
point o. the pencil. and II would be