The Bridgeport evening farmer., 1910-11-05
OPINION FOR THE
 ELECTION OFFICERS
Attorney General on Ballot Law
 Questions
HOW THE VOTERS MAY
 EXPRESS THEIR VIEWS
Caution About Depriving Hector
 of Vote

| terday gave an opinion upon ques- | tions which are likely to confront election officials in towns where the Australian ballot is to be used at the election on Tuesday. He sums up by saying that he is of the opinion that the moderator, in construing the law, should keep in mind that an elector | should not be deprived of his vote 1 except upon plain and unambiguous provision of the law" The request from the state chairmen was as fol- lows:-
 | '1nasmuch, as under the new bal | lot law, numerous questions are like l ly to arise in passing upon the valid . state election, we hereby respectfully | request you to prepare and issue, for the guidance of moderators and other | election officials, a statement embody- ing your opinion upon such ques- tions."
 | The opinion of the attorney gen. | eral follows
 l Hartford, Nov. 3, 1910. | Hon. Michael Kenealy, chairman Re- | publican state central committee, | and Hon. Charles w. Comstock, chairman Democratic state central committee.
 | Gentlemen: Agreeable to your re- quest, and in order that the modera- | tors at the different electors meetings | throughout the state may have some uniform standard by which to judge the legality of ballots cast, I submit the following opinion.
 To preface what I have to say, I will first call attention to the lan- guage of our supreme court in cer- tain ballot cases, which may serve | in construing the present law Tn the case of Flanagan vs. Hypes, 75 Conn. 584, the court held that The ultimate purpose of the l statutes regulating the exercise of the derly and faithful expression and reg | istration of the popular will upon the | questions submitted for decision. If ballots are to be rejected and voters thereby disfranchised, it should be because the legislature has seen fit to require it in the interest of an hon. est suffrage, and has expressed that requirement in unmistakable langu- age. It should not result from doubt full Judicial construction, from a too l strict regard for the mere letter of the statute, or from a resort to nice or technical refinements in the inter pretation or application of the law" In the case of Fields vs. Osborne 50 Conn. 549, the court says:
 There can be no question but that the legislature intended to say that ballot which fails to accord with cer- tain specifically enumerated require ments should be void, irrespective of all considerations as to the intent or effect of such failure. It considered uniformity an important means of preventing fraud. It is not within the province of the court to say what the consequences of the failure to conform shall be; the act itself fixes that" and the court further held that it was their duty to construe the statute so that the voter shall not hp danriuad h js fo plain and unambiguous provision of the law.
 In the case of Coughlin vs. Me- Elroy. 72 Conn. 107, the court says:
 Marks upon the face of ballots which appear or are shown to have the purpose of indicating the voter, and changes, for the existence of which a reasonable explanation con- sistent with honesty and good faith either appears upon the face of the ballot, or is shown by proof, did not render the ballots void."
 In passing upon the legality of a ballot the first question to be con- sidered by the moderator is,-does the ballot conform to the statute? In answering this question he may con- slider himself relieved of any obliga- tion to inquire as to the necessity or reason of the requirements of the statute, and that he is not at liberty to dispense with any of the require ments of the statute. The legislature lot box such safe guards and regula- tions as it deemed proper, and it is the duty of the citizen to conform to the same.
 I will now take up in order the pro- visions of the statute.
 How to Vote Straight Ticket.
 Any elector may vote a straight ticket by placing the cross mark ''N' within the circle at the head of the party ticket Cor eolumn1 which he marked with pencil having black lead. It is advisable for the elector to use the pencil to be found in the booths.
 How to Vote a Split Ticket Where
 There is Only One Man to be
 Elected to Fill Particular
 Office.
 To vote a split ticket is to vote for candidates of different parties. An elector may split his ballot by mak- ing cross mark "X' at the left and before the name of each candidate bearing in the party column which he has designated by a, cross mark "X' in the circle at it's head
 How to Vote to Split Ticket in Case
 Two or More Persons Are to be
 Elected to Fill the Same
 Office. In towns where two representa- t1ves are to be elected any elector may split his ballot by placing the cross mark ''X'' in the voting space on the left and before the names of the two candidates for whom he de- s1res to cast such ballot, such marks to be in addition to the mark re- quired to be placed within the circle at the head of his ticket; that is to say in case a Republican desires to vote for one candidate on the Demo- cratic ticket for representative, and one on his own ticket, he should place the cross mark 'rX" in the voting space on the left and before the name of each of said candidates, viz: the candidate on his own ticket, and the candidate on the other ticket, such marks to be in addition to the mark required to be placed in the circle at the head of his ticket; and in case he should desire to vote for the two candidates on another ticket for rep- resentatives he may do so by placing the cross mark ''X" in the voting space on the left and before the names of such two candidates, such marks to be in addition to the mark required to be placed within the cir cle at the head of his ticket. How to Vote for One or More Candi-
 dates Without Votiuo a partv