Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1924-07-29
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MAKES YOU WELL
AND KEEPS YOU WELL

which they had been officially issued;
in other towns local election officials
and private citizens had ballots pre-
pared by a local printer after consul
tation with the Secretary of State
over the telephone and the cost of
printing these ballots is to be de-
frayed by the State; in other towns
ballots were printed by the local cleo
!! tion officials and private citizens at
private expense without authority Of
Secretary of State; none were exact
copies of the official ballots: and in
other towns typewriter ballots were
prepared either by the local election
officials or by voters without con-
Sulting the Secretary of State. In
the cases where the Secretary of
! State was called by telephone and
asked to authorize the printing and
use of extra or emergency ballots, the
said Secretary of State expressly au-
| thorized the said printing and use
and the ballots were printed and used
with his knowledge and consent and
under his authority: the Secretary.
however. was in some doubt as to his
having the right and power to grant
said authority and so notified the
parties with whom he talked: he told
them that whatever right and power
he had to authorize the said printing
and use. he delegated to them but
that there might be some questions
raised as to the legality of the bal
lots.
CD Certain ballots officially issued
for use at the Democratic primary are
found marked with the names of Re-
publican candidates and included with
the Republican ballots forwarded to
the Governor and Council, this having
occurred in some cases because in the
emergency created by the absence of
sufficient Republican ballots Demo-
cratic ballots were handed for use to
those requesting Republican ballots.
CD Certain ballots prepared for
absent voters were used in voting
precincts. the ballot being the same
as the official ballot except they bore
the title Absent Voting Ballot"
which was in some cases stricken out
with lead pencil. In some cases no
absent voting envelope accompanied
the absent voting ballot included in
the ballots before the Governor and
Council.
CD Official ballots issued, to one
town are found among the ballots of
another town apparently having been
included by mistake among the bal
lots sent to that town and used by
voters in the second town, after in
some cases striking out name of first
town on the ballots; in other cases.
not.
(5) Certain Specimen" ballots
were used in <votin: precincts. In
some cases the words Official Bal
lot, Frank w. Ball, Secretary" hay
ing been written on the back In ink
or pencil; in other cases the words
Specimen Ballots" having been
erased; and in other cases no
erasures or additions having been
made to the specimen ballot as is
sued from the Secretary Of States
office.
Questions
(a) What right. power, authority
and duty have the Governor and
Council to accept or reject any or all
of the above classes of ballots?
CD What right, power, authority
and duty have the Governor and
Council to receive testimony either of
the election officials or of any other
persons in explanation of the pres
ence of said ballots in said ballot
box?
(cN What right, power. authority
and duty have the Governor and
Council to summons election officials
ard other witnesses to take testi-
mony and compel the production of
papers In explanation of the ballots
as aforesaid?
In Re Insufficient Ballots and Failure
to Use Check Lists
Inc Governor and Council have
been informed that in certain towns
the Republican primar- ballots were
insufficient for the number of voters
who applied so that voters who came
TO the polls and asked for Republf-
can ballots were unable to vote. and
that In certain towns the official yot-
ing lists were not used at the polls
during a part or the whole of the dav
OF the election.
Questions
(a) Have the Governor and Coun-
Gil right, power. authority and duty
10 inquire into the circumstances Just
set forth?
(b) If so. what is their power to
examine witnesses, compel the nro.
duction OF papers and documents and
punish for contempt and to exclude
from the count all or any part of the
votes cast in said towns on said day?
vi
In General
Cd Is the decision of the Governor
and Council on the ballots before them
and on the evidence. documents and
testimony which in accordance with the
advice Of the court may be received in
evidence by them final:
CD With reference to placing the
burden Of proof in any proceeding
thereafter, what is the legal effect Of !
the issuing by the Secretary Of State |