Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1920-08-24
ATTORNEY GENERALS OFFICE
RULES ELECTION WOULD
NOT BE lNVALiDATED.
ADVISES PARTY LEVERS
SHOULD BE PROVIDED
Failure to Equip Machines With Lev
ers Will Not ~Invalidate Election,
Counsel F. c. Davidson Holds
Cost of Equppins Machines About
$50 Each.
Special to Times Republican.


Dcs Motnes, Aug. 24.--With the
party circle back on the ballot this
fall as authorized by the Thirty
eighth general assembly, now about
using the voting machines which
have no party lever?
This is the question county audi
tors have put UP to the attorney
general
In an opinion Just given out, Spec
ial Counsel f. c. Davidson, of the
attorney generals Office, declares
their use viii not inyalidate an cleo
tion and is permissable. However,
he recommends that voting machines
be equipped with party levers.
1T is my OPINION" he declares
that in the counties where the ma
chimes are not equipped with party
levers. it is the duty OF the boards
OF supervisors to Immediately secure
such equipment in time for the cleo
.tion this fall. do net believe the
failure to securs the equipment
would necessarily make it unlawful
| to use the machines, 1t surely would
not. invalidate the..,esu't of the cleo
| ton if the present machines are
used. A failure to provide this new
equipment, or at least good faith
iattenpt to provide it. might subject
| the boards of supervisors in coun-
1 ties having such machines to man
| damus, but as above suggested the
election would not be, i1aalidated be-
| cause the present machines are used
without being changed
| \cost Not Great.
1t is estimated that II Will cost at
least $50 per machine TO equip pres
emf machines with party lever but
that this can be done BY Simply
turning the party lever the voter
would thereby vote all of the names
son the party ticket.
In his opinion Counsel Davidson
also touches upon anotheri question
raised by county auditors at their
meeting here week ego concerning
taking care OF the wonlen's votes. On
this, he says:f.
IF additional machines that con-
form to the>law can not be provided
in time for the election. l think the
board of supervisors may adopt one
of two courses.
First. They may be resolution
duly adopted order the use of the
machine to be discontinued by pro-
viding for the use of the ordinary
form Of ballot in all precincts.
Second. II they desire to use the
voting machine / would suggest that
they place enough of these ma
chimes to receive the full vote In
as many of the precincts as possible
and provide for the use Of the ordi-
nary form of ballot in the remain
ing precincts. In either event the
action of the board should comply
with the statute for the use OF ma
chimes"
r. Only about one errth Of the
counties in the state Use voting ma
chimes so that the big majority con-
tinue to use the printed ballot. The
restoring of the party cirr's on the
ballot, it is thought, will have tens
dency to encourage tie voting of
straight ticket,t which strictly party
men always advocate, but which adj
syocates of independent. voting do not
look upon as a virtue
However, the law restoring the
party circle is broader than the old
party circle law Under the new
law, now operative, a voter can
place cross in the circle and then
jump over and place crosses orposite
. -, =. Z . - !, Il III az 30 ha w; hoe t0
vote for on another ticket. The cross
in the circle at the top of the ticket
then counts for all offices on That
ticket except the ones crossed on the
other ticket. Sas