The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-07-13
JACKSON TO VOTERS.
Attorney General Gives Instruction In
Letter to Dawson.

Attorney General Jackson issues
some instructions to voters in the ma
ture of a letter to John S. Dawson, at
torney for the railroad commissioners
as follows:
Answering yours of July IL, 1910,
in which you say:
''At the primary election two years
ago very widespread and serious
error and one which in many cases af-
fected and determined the nomina-
tions of candidates was the rejecting
of primary ballots because the elect
ors had voted for too many candi-
dates for some one office. For instance,
Judge Mason, Judge Benson, Judge
Smith and Judge West were candi-
dates for nominations as justices OF
the supreme court, and there were
ONLY three candidates to nominate.
Thousands of voters made the mistake
of voting for all four of these candi-
dates. The election judges, through
innocent mistake or otherwise, in
many parts of the state rejected the
entire ballots containing such defects;
when in law the reason and common
sense such ballots should have been
counted as to all other candidates vot-
ed for, and rejected or ignored only
so far as related to the particular nom
nations affected. In the illustrated
case the defective ballots as to JUS
tices of the supreme court should have
De6n COuIilcQ Oll oil SNulC anu SO0AAlJ
candidates according to the choice of
the voters and rejected as to justices
alone"
beg to advise:
Paragraph 1900 of the general stat
utes of 1909, section 10 of the prim-
ary election law, reads in part as fol-
lows:
THE provisions of existing statutes
concerning elections and any amend
ments now or hereafter made thereto,
so far as they are not inconsistent with
the provisions of this act, shall apply
to the primaries provided for in this
act and the following statutes shall
apply to the subjects indicated. the
intent of this act being to place the
primary under the regulations and
protection of the laws in force as to
eIections: = as to form and
marking of ticket manner of voting
and disposition of tickets, and canvass
of votes by primary board, chapter
222, laws of 1905"
Paragraph 1903 of the general stat
utes of 1909, section 13 of the primary
law, reads in part as follows
THE canvass of votes cast shall, ex-
cept as herein otherwise provided, be
made in the same manner and by the
same officers as the canvass of an
election, 80
Paragraph 3273 of the general stat
utes of 1909, section of chapter 222,
laws of 1905, reads in part as follows:
"* - in canvassing the votes and
in all election contests the following
rules in addition to the other provi-
sions of this act shall be observed: =
Whenever a cross mark (X)
shall be made in the square at the
right of the name of more than one
candidate for the same office, such
vote shall not invalidate the ballot,
nor shall the same be counted for any
SnCh candidate
In the coming primary election
there will be two nominations to be
made for justices of the supreme court
on the Republican ticket and four
candidates from which the voters must
choose these two. For the office of
railroad commissioner there will be
three candidates nominated and on
the Republican ticket there will be
some ten persons from which the vot
ers are to choose the three desired.
Doubtless on other party tickets sim
liar situation will arise. The voters
should, of course, be careful and only
vote for two candidates for justices of
the supreme court and three candi-
dates for railroad commissioner. But
in my judgment, apply the rules quot
ed above, If voter should place a
cross-mark in the square opposite the
name of more than two candidates for
justice of the supreme court or more
than three candidates for railroad
commissioner, such marking would
not invalidate the entire ballot, but
simply invalidate that portion of the
ballot for the office for which the vot-
er had marked more than the proper
number of candidates. Such ballot
should not be counted for any of the
candidates so marked for the parti-
cular office indicated. but should be
! counted for all the other candidates if
otherwise properly marked.
is of great importance to the voters
of the state and particular attention
should be given thereto by election
boards.