The Telegraph-courier. [volume] (Kenosha, Wis.) 1888-1946, 1923-01-11

could be properly taken of and legal
checking on the registry list made.
Our population Is a changing one, as
proven by the changing list Of en-
ployees in our factories and it is sim
ply impossible for election officials
under existing conditions to properly
check the registry list.
Believes He Has Majority.
However, considering all of the fore
going, am persuaded that the first
returns sent in and as existed prior to
Mr.. Barnett's petition for a recount,
will conclusively show, if fairly and
legally tried out, that the majority
given me Of twenty-one on the return
sent in from the different precincts
will be not far from proper result
We have, / believe, some Of the /
bnst election laws of any state in the
union, and if applied properly will
work out great god to all concerned.
You state in your article, that | base
my contention for the Office Of district
attorney on the fact of unregistered
voters. 1t is only recently, that have
found that there have been a consider
able number of people voting who were
not registered. Ny contention in the
appeal to the circuit court, was that
if the absent voters ballots were
counted, and / were given all the votes
intended for me, that would be
elected; that is still my contention, AL
though the fact of illegal voting which
| have recently discovered, may also
be factor in the contest
Hits on Absent Voters.
That I was right in my contention
before the referee and before the cir
cult court, that the absent voters bal
lots should be counted regardless of
the fact of the identifying initials as
required in the ordinary ballot. there
is absolutely no question. If the in
tent Of the law as interpreted by
Judge Belden and Referee Welch
stands, then the absent voters law is
unconstitutional. 1t is unreasonable
to suppose law, that where the
absent voter has complied implicitly
with it, and election officials neglect to
place initials on the ballot before vOt-
ing, it will disfranchise such a voter.
One can see the reason of such bal
lot being counted out as voted in the
ordinary manner, where there is an
omission Of the ballot clerks signature
or initials, because the party voting
that ballot can ascertain for himself
by looking at it, if it is a proper ball
lot; but not so with the absent voter,
who never goes to the polls, but mails
his ballot as required by law In sup
port of this contention / quote from
State ex rel. Wood VS.. Bakers in SO
Wisconsin on page 81:
"And if failure or error in duty of the
inspectors, of which voters have no
notice in fact, could operate directly
or indirectly to disfranchise voters
at the election, we should encounter
the same difficulty in sustaining the
statute under the constitution. Nom
feasance or malfeasance of public of
ficers could have no effect to impair
. personal, vested, constitutional
right. We see no such purpose in the
registry law. Surely it would be a
strange attempt to protect the cleo
tive franchise and preserve the pur-
ity of elections, to put it in the pow
er Of inspectors Of election, by care
less accident or corrupt design, to
disfranchise constitutional voters.
1t would be a fraud on the
constitution to hold them disfran-
chised, without notice or fault"
Have Right to Vote.
The absent voters law has been held
to be constitutional by our Supreme
court and our Supreme court has in
many cases held that it is the consti-
tional right Of every citizen to vote
and that vote cannot be taken from
him except on conviction of felony.
II is the constitutional right of every
citizen to vote and no law can be CON
stitutional that DISTINGUISHES such
voter; but the legislature have right
to make a law, which is constitutional
under the decisions, to require a vot-
err to offer proof of his right to vote
and this is done by either registering
properly or by swearing in his vote by
affidavit, if not registered There is
no question in my mind, under the
Supreme court decisions, but that
grave error has been committed by our
circuit court and by Referee We1ch in
their decision against permitting the
counting Of absent voters ballots,
where they are not marked like other
ballots; and / as lawyer could not
we'll permit ruling of that kind to
stand, where / am convinced it is
wrong and the public are likely to
suffer thereby.
To- Go to Supreme Court.
| If / do nothing else than to correct
this error and to give decision Of
our Supreme court thereon in aid to
the state at large in interpreting this
law, which in some respects is more
or less obscure, then l feel I have
done a service to the state at large.
No matter how the decision may turn,
Supreme coart decision would for
ever, settle the matter, which in these
days has become Of vital interest in
asmuch as the absent voters law is
coming to be used to such a great ex-
tent.
trust the people of our county will
not misunderstood me in my duty in
thi smatter, but for the welfare Of
our county and the state at large
desire any obscurity in this law to be
corrected and made clear by proper
decision.
Yours very truly,
1 FRANK S. SYMMONDS.
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