Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1926-10-22
Cummings Elected by %
Votes Over Jewett In Sheriff
Race Decision of Council

men Ballot as above into the ballot
booth to enable him the more intel
ligently to mark his ballot, the UNI
dersigned Is without knowledge OF
information, but says that If such
were the fact, said voter would have
perfect legal right so to do.
Fifth: With reference to the al
legation of the theft in the town of
Litchfield by any person of 81 ballots
cast for the petitioner, the under
signed denies any knowledge of such
gross and criminal act and on the
contrary believes that this. charge Is
entirely without foundation and con-
stituteS an unWarranted charge
against those persons instructed
with the care of the ballots in said
town.
Wherefore, your petitioner res
pectfully urges to your Excellency
and the Honorable Executive Council
that the records and returns from
said election places enumerated in
the aforesaid paragraphs, have not
lost their probative value. The I'M
dersigned joins the petitioner in his
prayer that the votes as actually cast
in the various voting places of the
County of Kennebec shall be ascer-
| tanned in order that the return and
|
| the fact of votes actually cast
Sixth: The undersigned alleges
that in the town of Clinton the Of
| fetal return and record shows 259
votes for the petitioner and 205 Tor
himself; and In the town of Gel
grade 21S for the petitioner and 172
! for himself; and in the town of
| Chelsea 143 for the petitioner and
| 1917 for himself; and in the town of
| Farmingdale $50 for the petitioner
| and 1913 for himself; and in the town
| Of Randolph go for the petitioner
and 1876 for himself; and in the town
| of Vassalboro 81 for the petitioner
| and 297 for himself; and in the town
of Winslow 361 for the petitioner and
| 230 for himself.
The undersigned says that because
| of noncompliance with mandatory
! provision of the statutes in such
| case made and provided that the ball
| lots cast in said towns must be
| wholly disregarded and the election
| in said towns invalidated.
| The undersigned respectfully calls
| to the attention of Your" Excellency
! and the Executive Council Section Ia
| of Chapter Z of the revised statutes
| which is as follows:
THE municipal officers in each
| city, town or plantation, as afore-
said, shall cause the polling places
| therein to be suitably provided with
| a sufficient number of voting shelves
! and compartments. at or in which
| voters may conveniently mark their
! ballots, so that in the marking
| thereof they shall be screened from
| the observation of others, and each
voting shelf and compartment shall
have a wooden swing door so ar
ranged that the top thereof shall be
not less than six feet from the floor
| and the bottom of the door shall be
| at least two feet and six inches from
| shut while the voter is within the
| compartment and no one shall be al
. lowed therein with him, unless he
calls for assistance in the marking
of his ballot and such assistance
shall be furnished according to the
provisions of this chapter and a
guard rail shall be so constructed
and placed that only such persons
as are inside said rail can approach
! within six feet of the ballot boxes
and of such voting shelves and COM
| partments."
The undersigned further says that
! the provision as TO a guard rail at
| such a distance from the ballot box
and voting booth being followed in
| the statute by words of prohibition
so that no person other than those
| rightfully inside said guard rail
shall approach said booths or box
| nearer than six feet is strickly man.
| datory and failure to comply with
same destroys the essence of the law
as fixed by said section of the stat
! utes.
The undersigned says that he is
! prepared to prove and offers proof
| under oath by credible witnesses that
in the town of Clinton there was no
| guard rail on said election day at the
| polling room but that in lieu there
! of, settles or pews easily movable
! We're substituted therefor:
That in the town of Belgrade at
! one polling place at least there was
not a semblance of a guard rail and
| nothing to prevent any person ap-
! preaching said ballot box or voting
| booth at any time.
| That in the town of Chelsea no
| guard rail was provided but in lieu
| thereof, settles or pews easily NOV
! able were substituted. That in the
| town of Chelsea two voting booths
| had no back at all save window
| four feet, ten inches from the ground
! through which any person marking
! seen and in no sense screened from
| the observation of others"
That in the town of Farmingdale
! the ballot box was located during the
/ voting on said election day on a
| table which was flush against said
! guard rail so that the box itself was
! not over Sc inches from said rail and
! to which point any person outside
/ the rail might approach.
l. That in the town of Randolph, two
! of the voting booths We're construct
| ed of paste board on wooden
! frame and two of the doors were of
! similar material and construction.
| This the undersigned believes was
/ failure to comply with a directory
and not mandatory provision of the
statutes but says that in principle
the case is the same as petitioner has
| alleged as to Hallowell and Ward No.
| 3 Gardiner.
The undersigned further says,
~however, that one of the booths in
| Randolph had a window at the back
of same so that voters could be
| plainly seen and were seen marking
their ballots, and that they were not
screened from the observation of
| others"
That in the town of Vassalboro at
one polling place known as Getchelrs
| Corner, the ballot box was not fur
| Their than 3 feet from the guard rail
and in the polling place of said town
| known as North Vassalboro, one of
the voting booths was so constructed
| as to be directly against the guard
rail so that the door to said booth
was only IA inches from said rail and
/ any person on the outside of said rail
[ was within IA inches Of the voters
using said booth.
J That in the town Of Winslow the
Z; booths were on an elevated platform