Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1915-07-26
IMPORTANT POINTS
IN MARKING BALLOTS
DECIDED BY COURT

recent decision IN the election case
OF the Ward l aldermanic election in the
city Of Portland. drawn by Chief Justice
Savage, is Of such importance in the en-
tire matter Of marking ballots that it is
here given In full,
William H. Murray vs. Albert E. Waite.
Savage. c. J.
In a case brought under Revised Stat
utes. Chapter 6. Section 20 and II. to de-
termine an election for alderman.
1.-The plain intendment Of Chapter n
of the laws of 1911 Is that all ballots
marked with cross in the square at the
head of the column shall be counte& II
the intention Of the voter can be ascer-
accidental, mistaken or unnecessary,
marks the voter may have placed upon
the ballot. providing the same are not
deemed to have been fraudulently made;
and the fraudulent intent must appear
affirmatively.
"A ballot having a cross in the party
square but having pencil mark drawn
vertically and apparently not accidentally
through all the names In the party col
umn cannot be counted.
ga ballot having a cross in the party
square and in the square below the cross
sticker bearing the name of that party
candidate for mayor and having also two
stickers not completely separated, bear
Ing the same name. placed nearly over
the name Of the same candidate, is
counted.
A ballot having cross in the party
square and two stickers not completely
separated over the name of the candf-
date for alderman Is counted.
"a ballot having q cross In the party
square and another beneath it across the
party designation is counted
GA ballot having cross in the party
square with an extra line entering into
it. showing an attempt to make and
erase a previous cross. in which erasure
the paper was broken Is not a mutilated
ballot and Is to be counted.
IA ballot having for a cross in the
party square a peculiar figure each arm
Of the cross being made Of practically
parallel lines with the ends closed Is
counted.
| S-A ballot having a cross in the party
dull as If made with the rubber ends of
| a wide pencil. is counted.
"a ballot containing in the party
| square cross around which is drawn a
| circle is not counted.
10-A ballot having cross in the party
| square and below a small cross beneath
the residence of the candidate for mayor,
and mark that looks like a T opposite
the name of the candidate for ward clerk
whose name begins with T Is counted.
LA ballot having cross in the party
square and sticker. not placed on or
over the name of the candidate for alder
man in the column, but under it. so that
both names appear is not counted.
| IA ballot having cross in the party
square. where the voter filed. in the
name of his choice for alderman, but
failed to, erase the nan,s~ Of the candidate
in the ticket so that both names appear
is not counted.
| ia ballot cast by one admittedly
never resident in the ward cannot be
counted. though the voter was permitted
to vote by virtue of certificate Of the
| Board of Registration.
1.-THE petitioner and respondent each
received an equal number Of votes the
| petitioner having failed to show himself
entitled to the ONCE the petition cannot
| be sustained.
b-Under Revised Statutes, Chapter g.
Section "A. the prevailing party is en-
| titled to costs. as a matter of law, and
when the petitioner fails to maintain his
| petition the respondent is the prevailing
| party.
Petition dismissed with costs.