The Ocala banner. (Ocala, Marion County, Fla.) 1883-194?, 1917-04-13

Official DaiIOLS printed ana distributed
as herein provided, and no ballot shall
be received or counted except it be
provided as herein preserved
(5th) with a slender line between
the left of the names to easily permit
each name extending sufficiently 1t
Section 1914, relative to local op-
Section 219: "All the ballots pro-
vided shall be alike" and %
printed in plain type, (2nd) straight
lines, (3rd) upon plain white paper,
(4th) so thick that the printing can
not be distinguished from the back,
marking before each name a cross
mark (X), and in appropriate places
vote for one or two as the case may
be, and shall be substantially as pre-
scribed in section 210, except that the
order in which the several offices 20
be filled are stated. may be varied.
OF necessity, some discretion must
be allowed in preparing or providing
tle Official ballots. The statute does
no more than give plain directions
and a form substantially to be follow
ed; some person must decide on what
is a slender line or white paper"
the thickness and sufficiency of space
to mark the cross mark (X) opposite
the name. / think the word alike
in this connection is used in its usual,
common. ordinary acceptation in or
binary transactions one shall be the
same as the others Evidently there
was a purpose in making this prOvis
ion, and that purpose of requiring
them to be alike is very apparent; it
was intended to preserve the secrecy
of the ballots, to see that there were
no identifying marks, characters, sym
bols, insignia or other matter to dis
tinguish one ballot from another.
This brings us now to consider this
ballot. We have seen that the law IN
relation to local option elections,
(Sec. 1914 Supra in respect to the
words quoted Form of Ballots" is
this: THE ballots used shall be on i
plain white piece of paper and having
written or printed on one side either
For Selling or Against Selling"
In the case of NIetcalf VS.. Orange
County. Sc Fla. text p. 5S5, there was
one piece of paper with the statutory
words thereon, and the court said !:
THE form of the ballot used, For
Selling and Against Selling above
separate lines, on one side of the
same ballot, with appropriate direc-
tions ( for its use, does not appear
vague, indefinite and misleading"
Here we have the statutory words for
and against selling, with directions
for the use of the ballot above sepa-
rate lines. We then come to sonsid-
er: Are the directions proper, or are
they misleading, and made for the
purpose as is alleged in the bill, "of
| trucking the voters
On the ballots two directions are
given. The first direction says: IF
the voter wishes to cast his ballot in
favor of prohibiting the sale of intoxi-
eating liquors, wines or beer in Ma
rion County, State of Florida, he will
place his cross mark (X) before the
words Against Selling wherever the
same appears on this ballot" Under
this direction is a straight line, and
under this line the words, FOR
SELLING" Following, on the same
side Of this ballot, the direction says:
IF the voters wishes TO cast his bal
lot against prohibiting the sale of in
toxicating liquors, wines or beer in
Marion County, State of Florida, he
will place his cross mark (X) before
the words FOR SELLING where the
same appears on this ballot" Under
! this is a slender line, and then follow
the words, AGAINST SELLING"
The second ballot. if they may be
classed as first and second, has iden-
tically the same directions as above
quoted, and under the first direction
the words AGAINST SELLING" and
under the second directions are the
words FOR SELLING"
The proof shows that these two
forms of ballots with the words For
Selling" and Against Selling" alter
mated in position on the ticket that
is. the words For Selling first ap-
pearing on one ballot, and the words
Against Selling first appearing on
another ballot; that these tickets
were in the usual pad form, and were
handed to the voters as they came to
cast their ballots. 1t will be noted
that there are two paragraphs of di
rections, and they are in the exact
language, and as above quoted, On
each ballot, and under their respect
ice directions the words For Selling"