The news-democrat. (Providence, R.I.) 1906-1909, 1906-11-09
LINCOLN VOTES
NOT DEFECTIVE
Attorney General GreenOugh Sustan Contention the Reform
Representatives That Cross Over Both Democratic and Lin
Candidates Should Not Invaldae the Ballots and Is
Not Distinguishing Mark.

During the counting of tho ballots by
the state returning board during the past
two days there arose a question over the
act OF some voters OF the Lincoln party
who marked cross in the circle OF that
party and also made a mark In the circle
over the Democratic candidates.
The members OF Boss Braytons return
ing board, under the inspiration OF
"Dicky" Jennings intended to treat all
such ballots as defective, but the Demo-
cratic watchers at the count protested
against this, claiming that the intent OF
the voters was plain and not In the\least
doubtful, but only emphasized their de-
sire to vote for candidates OF the people
against Braytonlsm.
The discussion over the matter halted
the count; and the attorney general was
consulted today. lie gave the board an
opinion, which allows the ballots TO be
counted under liberal Interpretation Of
the law" The full opinion as communi-
Gated to the board follows:
II beg to acknowledge the receipt OF
yours OF the 7th inst, enclosing a sample
ballot for state officers in the city of
Providence marked with cross In the
circle above the column of Democratic
candidates, and also marked with a cross
in the circle above the Lincoln party can
didates with request for my opinion as
TO how this ballot should be counted.
"All the candidates OF the Lincoln party
are also candidates OF the Democratic
party.
THE question you raise is one of some
doubt, and one on which there could
readily be different opinions Sec of
Chap. 1923 OF the Public Laws OF -9O5
amending Sec SS OF Chap. ii of the gem
eral laws provides for marking and count
ing the ballot. The provision applicable TO
this case is as follows
"'When a voter has placed a cross CX)
in any one circle, and has not made any
mark In any other circle, such cross (x)
shall be counted as a vote for each Of the
candidates in the column above which II
il placed except for those candidates
whose names have been cancelled
This provision plainly means that
cross I'm a circle shall be counted as vote
for each of the candidates whose name
appears in the column under the circle ON
two conditions: first, that no mark has
been made in any other circle; second,
that none of the names OF the candidates
in the column has BEEN cancelled.
'In the case concerning which you ask
my opinion, the first condition has not
been compiled with namely. there Is
mark in the second circle; and under this
provision Of the law there Is clearly no
authority for counting this ballot, as
vote for the candidates whose names ap-
pear in either column.
THE strong implication is that such
ballot should be thrown out as defective.
THE contingency of voting in two cir
cles for the same candidates does not ap-
pear to have been specifically considered
or clearly provided for by the trainers OF
the act.
Section of the act. which amends Sec
tion Al of Chapter IL of the General Laws,
however gives a broad general clause
which clearly allows the board consider
able latitude. 1t reads as follows:
EFF, for any reason, it is impossible to
determine the voters choice for any Of
flee to be filled, his ballot shall not be
counted for such office. but II shall be
counted for all offices properly marked.
No ballot shall be rejected for any tech
nical error which does not make 1t impos
sible to determine the voters choice, but
no voter shall place any mark upon his
ballot by which It may be afterwards
identified as the one voted by him.
II am OF the opinion that, inasmuch as
the candidates OF the Lincoln party are
Identical with the candidates for the same
offices OF the Democratic party on this
ballot, the latter clause governs, that IL
Is not impossible to determine the voters
choice and that the board may properly.
i'm its discretion, regard the cross In the
| Lincoln party circle as technical error
and as surplusage and count the ballot as
a Democratic ballot, provided, however.
that neither OF the crosses appears To
the board to be a distinguishing mark
under the law.
''What is and what is not disting>ah-
ing mark Is a question of fact for the
board 10 determine In each individual
case: but will venture 10 say that an or
in addition to an ordinary cross in the
Democratic circle, would not appear TO
me to be n distinguishing mark.
"while this Interpretation of the law
may appear to the board TO be somewhat
liberal nevertheless l always favor as
liberal an Interpretation OF the law In
counting the ballots cast as is consistent
with IL: and l am of the opinion that this
Interpretation Is warranted and intended
by the law. Yours truly,
WILLIAM B. GREENOUGH.
Attorney General"
Today the counting Of the ballots OF the
New Shoreham voters was TO have taken
place. but when the board convened this
a afternoon soon after / O'Clock. petitions
from both sides asking that the count be
postponed were received.
The board Immediately went into ex-
ecutfve session. when IL was voted TO
grant the request.
At the counting Of the ballots this af-