Essex County herald. [volume] (Guildhall, Vt.) 1873-1964, 1922-10-26


ed to the ticket of the Republican
party. These official ballots were dis
tributed to the several towns in the
county and were used without OBJ
lection at the primary in all towns
except Brighton, and in that town as
we'll until near the time for the
polls to close. No question as to the
validity of the ballots was raised in
any town other than Brighton and the
votes were counted as cast and the re-
turns made without objection. In the
town of Brighton fifty or sixty voters
came into the polling place in a body
a short time before the polls were to
close and called for a ballot of the Re
publican party alone. After some dis
cussion the presiding officer directed
the ballot clerks to cut off and deliver
to the voters demanding 1t the portion
of the ballot carrying the ticket of
the Republican party. Most, possibly
all, of the ballots delivered to voters
thereafter, were of this character. The
acting members Of the County canvas
sing board were aware that the form
of the ballots had been questioned in
Brighton and made no investigation
as to the form of the ballots used in
the other towns of the county. No
question was made before the can
wasting board as to the validity of the
returns and their certificate was
made strictly in accordance Herewith
The name of either contestant was
printed on the official ballot. So far
as appears, the only votes cast for
! either of them were on the cut ballots
where the names Of the candidates
, printed thereon are scratched out
and their anne written in in the
space left for that purpose. Whether
they were in good faith seeking the
nomination as Republicans did not ap-
pear; but it was asserted and not de-
MED that since the primary they have
been certified as nominees for the
respective offices in question on a So
called "Farm-Labor" ticket.
The cases present a very unusual
election contest. The Republican vo-
tiers of the county have Enthusiastically
indicated their choice Of party candi-
dates. There is no suggestion that the
irregularity of which advantage is
sought to be taken to defeat the po-
pular choice was anything but an in
nocent mistake, nor that the result
represented by the returns was not a
fair expression of the will Of the vo-
ters. The votes of innocent electors
are not to be rendered invalid by
mere irregularities on the part of e.
lection officials which do not affect or
change the result, unless the statute
expressly declares such irregularities
to be fatal. In the absence of some
clear and positive prohibition a.
gainst counting the ballots, effect
should be given to the intent of the
voters. Laird V. Williams, 281 Ill,
233, 118 N. E. 10; PEG. ex rel. Nj,
chols, 129 N. Y. 395, 20 N. E. 327
| Many other cases could be cited, fol
no rule of election contests is better
/ settled.
The returns are presumed to b.
) correct and constitute prima facit
evidence of the votes cast and the re
suit Of the election. 20 C. j. 1872. Tt
: maintain these proceedings it must b,
found that the petitioners were "can
didates at the primary" in contem
5 plation Of G.. L. 1873 on which the pro
l ceedings are based, which is a juris
d%ictional question; that the ballot
. cast for the petitioners were lega
and valid; and that those cast for tn,
petitioners were illegal and void. I
= will help to clarity the questions pre-
sented to recall what the so-callet
. primary election" in fact u.s. It j
5 not ar election as the term is gene
; rally understood, but one of severa
methods provided by law for the bod,
Of voters recognized as a political pa,
ty to make choice Of the party can
, didates to be voted for at an election
, In effect, the primary is an assembl!
= Of the legal voters identified will
some political party, voting at a com
: mon polling place but in all othe,
! respects acting independently of eacl
other and as a political organization
t That such is its true function is mad,
= clear by the various provisions res
pecting nominations by primary cleo
: ton. The primary is open only to {
+ political party which at the genera
preceding general election polled a
least five per cent Of the entire vot,
of the state for governor. G. L. 80
However it is optional with the mem
bers of any such party whether the,