Evening capital news. (Boise, Idaho) 1901-1927, 1912-11-02
writing in as follows:

vote for and placing a cross on ths
right in the circle
Sec. 424. among other things, pro-
vides that voter may vote by writ
ing In names as follows.
by filling in or writing the name
of the person for whom he wishes tc
vote in the blank space provided there.
for in the column or division of the
ticket for that purpose provided, and
marking a cross opposite thereto
ut will be observed by the first
quotation from section 405, revised
codes, that ballot is divided into
perpendicular spaces, ana that these
perpendicular spaces are further di.
vided into horizontal spaces containing
the names Of the offices and the
names OF each person nominated fol
each respective office. A perpendicu-
lar space belongs to each party, which
has it's name at the top Of the same
except one perpendicular space which
has no name. These spaces are called
tickets and named the Republican,
Democratic ETC., tickets. as the case
may be. with the exception of the
blank ticket which has no name.
Can Write IN Names.
Under section 4O4. first quoted, 1t is
provided that nothing in this title
contained shall prevent any voter from
writing on his ticket the name OF any
person for whom he desires to vote
Therefore, II there should be a blank
space for any given political office
In any given ticket, 1t follows that the
voter may write In said particular
blank space the name of the person
for whom he desires to vote because
the law provides that he may vote ir
the blank space on his ticket. The
distinction between ticket and ballot
is no ones ticket; but the Republi-
can ticket or Democratic ticket, al
the case may be. is the ticket of the
Republican or Democrat, who votes
for the same, and he may according
ly vote on his ticket. The other Sec
lions. 405 and 424. provide that the
voter may write the names OF thise
for whom he desires to vote In the
blank column.
$50 1t Is provided that voter may
express his choice in two ways. II
was undoubtedly the sense Of the leg-
islature that when a voter had clear
ly expressed the name Of a person for
whom he intended to vote and the Of
flee which he intended said person to
fill, that the same should be counted
and the blank ticket was created sc
that the same could be used by the
elector in case all the regular tickets
had been filled with printed noni-
nees, and the voter being DESTROYS OF
expressing another choice might vote
for the same by filling in the name in
the blank ticket.
1.-THE rule of law as laid down by all
the recent decisions Is to make a lib
eral construction of election laws so az
not to disfranchise the voter. All stat
utes tending to limit the citizens in
exercising the right of suffrage should
be literally construed in their favor
Salcido versus Roberts (Cal) 81 Pac
1919; Tebbe versus Smith, 10S Cal. 1o!;
Bowers versus Smith, Ill Mo. 45.
Laws Are Clear.
"A voter should not be disfranchised
IL 1t is clear that he has made an hon
est effort to comply with the requisites
OF the statute. See Is Cyc., page $50
Ballots which fairly and reasonably
indicate the intention Of the elector are
to be counted as cast unless to do %
would run counter to some positive
statutory enactment.
I'm regard to the second method o,
voting by writing On as set out in this
letter, 1t will be observed that 1t does
not run counter to any positive statu.
tory regulation. but that there is ex.
press authority for writing the name
in the ticket of the elector.
las said in the first part OF this le..
ter. the first method of voting, b,
writing In. is preferable for the reasor
that in constituting statutes pertaining
thereto, there is no room for argumen,
as to the proper conclusion. The sec.
ond method is less desirable for thu
reason that there 10 a. question that Il
at the very least debatable, ana b,
using such method confusion may arts.
in the minds Of the judges when they
come to count the vote.
yours very respectfully,
20. NJ. VAN DUYN.
"Aaafafa nt Atforpav nnunrol0