Licking Valley courier. [volume] (West Liberty, Ky.) 19??-current, 1913-05-08

the ballot of the party which
they declare their affiliation.
This will leave the selection Of
the nominees open to. some
abuses, because under it, a re-
publican elector might declare
his affirmation with the demo-
cratic party, receive a democrat.
ic ballot, and then vote for the
weakest man on the ticket.
By a concerted action on the
part Of any great number OF
members of either the one or the
other party, the weakest candi-
dates Of either the one or the
other party might thereby be Sc
lected, but from the careful read
ing of the entire law, / see no
way that this matter can be reg
ulated or controlled or controlled
unless it is lhft to to the discre-'
tion and goodGudgement Of the
judges and | doubt then whether
they would have the power to-
refuse a man a ballot on the sim-
pie grounds that they did not bel
lieve he affilimated with the pari
ty by his declaration.
LAS to your last question,
there is Some doubt. Senator j.
w. Eaton, who was the author
of the bill, and it was he to
whom | wrote on this particular
question answered it in part by
saying that the electors would
be permitted to ind cate their
choice of selection by writing the
name Of any person they SO
choose upon the ballot and that
the name as written would count
as one vote for the person indi-
Gated.
Il do not agree with Senator
Eaton on this construction of the
law. In the first place do not
think it was the intention of the
Legislature that there should be
any blank space left on the bal
lotfor the writing names. My
belief in this view is somewhat
borne out by the latter part Of
Section II of the act, which pro
yides as follows: -, !,
THE ballot shall be printed
so as to give each elector a clear
opportunity to designate his
choice of candida tes for nomina.
tion by making with the stencil
a cross in the square after the
name of each candidate for whom
he wishes to vote for nomination
"If my construction of thi!
section is correct that is thai
the choice of each elector shall
, only be designated in the name
provided in Section IT. then tn,
officers of the election would no
: be authorized to count as a vail,
! vote for any person, whether fo
one party or the other, a nam
, written on the ballot with pencil
or with pen and ink, as far a
that is concerned.
You can readily see how an
6 other construction of this woul
lead to an abuse of the law, an
G to thwart the intention of tn
q legislators in having a fair an
full and free expression of tn
voters as to their choice of nomi
:, nees. AS indicated above,
would be a very easy matter
q both in districts where registra
tion is required, and in district
q where registration is not requir
/, ed, upon the concerted action o
. either the members of the one O
. the other pa t to write the nam
n Of some democrat or republica
on either the one or the othe
h ballot, who would have no posi-
: bic chance of winning at the f
q nal election.
e For example, in a primary
h lection in Fayette county, upo
/. an agreement by the members G
: the republican party that the
v should vote for John Smith,
h democrat, by writing his nan
/ on the republican ticket, and
so happened that John Smith VIZ
e a man of such character that /
e could not possibly win in the N
n vember election, there would
t, a clear defeat of the intention
d this law, and we believe that Il
k courts will hold that such actiC
t; would not be permissible, becau
a it would defeat the purposes