Arizona republican., 1916-11-22
A Long Dead Election Statute.


 It is evident that there is going to be recount of the ballots for governor the friends of Governor Hunt are claiming that the recount many ballots that were counted Mir Campbell will be thrown out because the first cross in the square at the top of the democratic ticket and then square opposite the name of Mir Campbell In some of the precincts such ballots counted for MT. Campbell, while in others. probably in a majority of the pre- cincts they were rejected. The Republican some time ago stated that a recount, if the precedents already universally established were followed, all ballots in which the intent of the voter is shown and it is that that rules would be counted for MT Campbell
 The claim of the friends of Governor Hunt is based on the language of Paragraph 2s79. Revised Statutes of Arizona 1913 which reads follows:
 If the names of more persons are designated
 or are on any ballot, found in the ballot box, for
 the same office than be chosen for such
 office, then except in the cases provided for in
 the section. all names designated for such
 office must be rejected.
 It is the contention of the friends of the that ballots so marked with the head of the democratic ticket and another opposite the Of Campbell should be counted for neither cand- date for governor but for all the candidates the democratic ticket the candidate for governor.
 The history of the have quoted will show that it absolutely obsolete and without any app- cation whatever to present system of voting, under the Australian ballot This statute was taken from Section 1902 California Political Code 1874. and was first enacted in Arizona Paragraph 1867, of the Revised Statutes of Arizona. lss7 a time when elections held under the old system, when any nen party group of men could get up a ticket go the printer and have it printed, presenting for the first time the morning of the election. The only restriction that the paper which the ticket printed should certain kind the tickets of certain size
 The foregoing statute was enacted to prevent these men or the printer from designating on any ballot the of more persons for the office than be chosen for such office" The Australian ballot system by which the indicates choice by making crsss in square then unknown. At that time the voter did designate" any the ballot but voted the slips paper containing the furnished him. the democrats having ticket and the republicans, another Then the could literally scratch" his ticket by marking the name a candidate
 The first Australian ballot law was passed in Ar- in 1ssl four years after the foregoing statute enacted. It very short statute and con- taned reference to the election laws of Statutes of lSS7 Our this condition until 1901 when another revision printed and the compiler carried forward Paragraph 1867 of the Re- vised Statutes of 1887 into the revision as Para graph 236O along with the Australian ballot law of 1881 amended. Likewise. the old statute was car ried into the revision of 1913 as Paragraph 2979.
 This is the way this statute on which the friends of the governor rely happens be in the It has application whatsoever to present sys- tenn and should have been cut out as dead timber along with the old method voting just as the state of California discarded Section of the Political Code. from which the statute in question was taken when California adopted the Australian system Under our system of voting the intention of the voter when it be determined controls in every case and has been so held in every that arisen Tn all such contests within the last twenty years this statute has been entirely dsregarded by the courts
 There cannot be the slightest doubt as to what the voter intended to do when he placed cross opposite the of MT Campbell after having made q cross in the at the top of the ticket If there could possibly be any doubt to the intention of a solitary voter it would be removed by the fact that many hundreds of did precisely the same thing