The Big Sandy news. [volume] (Louisa, Ky.) 1885-1929, 1921-11-04
ABSENT VOTERS
LAW is INVALID
Appeals Court Decision May
Determine Results In
Close Counties.

Frankfort. KY, Nov 1.-The Absent
Voters Law, enacted In 1918. IS uncon-
stitutional, beyond the hope OF restltu-
tlon except by Constitutional amend
ment, Judge Sampson Of the Court OF
Appeals held today and the whole
court concurred,
But the provision OF the statute, per-
mitting the registration OF absentees is
upheld. since registration Is a purely
legislative subject, not mentioned by
the Constitution.
State employees at Frankfort and
Federal employees at Washington, as
well as travelling men, soldiers and
sailors, will have to go home TO vote.
and all the hundreds OF votes sent by
man TO county clerks to be cast In the
election next Tuesday viii have 80 be
destroyed. The decision fiay irterm-
inc the result in some close counties
and districts.
Absentees could not vote in munich
pal elections, anyway. although with
the municipal tickets. printed on the
general ballots mailed them, II was
question how the straight votes of alb
sentees could be kept out of them.
Decision In Municipal Case.
II was this municipal election prob
lem that brought about the decision.
w. +. Clark. Independent candidate
for Police Judge, and Green r, Lyon,
Republican candidate for Mayor filed
suit to require the County Clerk to
print the municipal ticket on sep
arate ballot. The practical purpose
sought was TO divorce the Democratic
Ict,,at ffilyt f,.,,,,, tt,s ,.f,,atl,t nos
IS ballots; but The ground urged was
thai the clear implication Of the ABB
sent Voters Law was that there should
be scra ate municipal and county ball
lots,
They lost on their maze contention.
as both Circuit Judge Ro3ert L,.,stout
anI the Court OF AP ais deciged
against them, Glars Was debar ID
fro the uclsr entirel beeaIg his
petition. filed with the County tlet.t.
wls defective. This leaves Police Judge
w. G. Herndon. Democratic candidate.
without opposition.
Section LAT us the Constitution. on
which the Absent Voters Law was
wrecked. provides that "All elections
by the people shall he by secret Off
ciai ballot, furnished by public au-
thority to voters at the polls and mark
ed by each voter In private at the.
polls and then and there deposited"
The Courts Viewpoint.
In view of the ambiguous language
Of the organic Law, the Court announce
ed the obvious conclusion that the ball
lot cannot be furnished by public au-
thority TO the voters at the polls and
marked by each voter at the polls II 1t
is mailed TO him at some address out
side the county where the election is.
being held. Our lawmaking body over
looked this provision Of the Constitn-
tion," the Court continued, when 1t
undertook to and did pass the Absent
Voters Law.
"It was In the nature of an emer-
gency act, The great World War was
on and thousands OF our boys were at
the front performing patriotic as
well as a sacred duty to theNState and
nation, and II not only was thought
wise but nothing more than simple
justice that these defenders OF the flag,
who were forced to remain at the front
in defense OF civilization should have
a voice in the conduct Of political af-
fairs at home."