Albuquerque evening herald. [volume] (Albuquerque, New Mexico) 1911-1914, 1912-08-20

santa 20. ". NJ. july ~, i'i1.
Hon Antonio f.ucrru. Secretary nf|
state, Santa Fr. y. NJ.
Dear sir have examined draft
of Instructions Co election officers
submitted to mo 10y YOU "a fow days
ago. aud have hut one substantial
change To- recommend, aud that iS
that the election officers shall not be
required Co send the ballot tu santa
Zee.
when we reflect upon tho fact that
there are something like 700 ballot
boxes Iu the state, many ot them oi
largo size. the expense and incon-
lN,uipncp of sending them ull here
would b., vory grcnt. IN" officers OF
election would certainly not prepay
the express and / know oi no tund
lud,uuuto Co such expenses, from
which YOU could make payment u
| is ,l,ar that unless constrained hN
law this procedure should not hc
adopted. aud I am ~ opinion that Dc
| is not required.
% is Co.. bc regretted that inc lrgl7-
lauuu not more adequate aud spc-
! cluc The constitution requires ia
general terms that tho returns SHAH
| hc scaled up ana transmitted tp YOU,
land tho ballu, boxes aud ballots must
be- transmitted 90 YOU u they are
part ut the returns The constitution
! does not Indicate what is meant hN
! the returns of an election. and as the
word is ordinarily ufod IL would not
include such things as bailcts ana
| ballot boxes. although there are
! serious differences Of opinion on that
| subject There being nothing in the
| constitution to guide us. we must
seek tor the meaning eft ,hc term Ia
] ihc statutes in force. and the last one
ON this subject b. chapter lo5 Of the
laws OF 1903 II is apparent from the
! language of Section ~ of that oc;
| that the Legislature did not consider
! the ballot boxes or ballots as part
OF tho returns" as Il speaks of thu"
! ballots aad returns" bciug placed In
| the ballot hos. ana also of convey NIX
| Go ;hy county clerk "suCh returns
! ana ballot box" The returns are
something different from the ballots
and ballot boxes. and u rs only th'
\ returns" which are to ho transmit
! tea CO. YOU IL b. tru, that suid Sec
ton a. directs thut the returns shalt
%, placed ia the ballot boxes, hut ass
the constitution provides that the re-
turns are 70 he sent to the secretary
of state, Il is obvious that the CON
srtutlun So Tar mudifios the statut"
as Go make IL unnecessary q" put an"
returns in the ballot box
We have ON adjudication boy IN"
suprcm, court of New Mexico which
supports the foregoing views, al
though the statutes have been some
what changed since the decision was
rendered In the cas-" Of Bull vs..
Suuthwlrk. which Be- reported la The
second volume 81 the Reports of
New Mexico, We find al page $50 q
distinct abatement that the poll
books of the several precincts with
the proper certificates attached and
So filled out. constitute the returns
OF the judges of election 10 be- trans
mitted 10 the canvasing board
land further. beginnmg at the foot
of the same page II IL said that the
ballots scaled up and locked up IN
the ballot box ana deposited Tor safe
keeping pending any election contest
that might be- instituted constitute
no part of the returns OF the judges
ct election to be- cauynssed boy tho
board ot caUyEsscrs."
NV recommendation Is that you In
struct the officers of election Co seal
up and send to YOU. as the returns ui
tho election the poll books and ANY
accompanying which may have been
submitted 60 the election Judges such
us certificates ot registration from
other precincts. affidavits made a.
luyOid the effect of registration
or anything else eft like nature, and
that thcy put the ballots In the boxes
which should De- scaled up and sent
90 the county clerk,
Among the statutes referred 90 a'
setting uut the duties and powers OF
officers ut election. there should %,
Included chapter 90 of the laws of
1903, which might ne OF importance
return the draft ct instruction,
herewith
Yours truly,
FRANK ". CLANCY,
Attorney General