The Spokane woman. [volume] (Spokane, Wash.) 1921-1935, 1928-03-08

time by three office holders The in
telligence which would permit such
excessive voting is not worthy of any
voting weight. Here also. although il
would seem that the influence of medi-
ocre intelligence alone would instruct
any electOr, the charter is careful Ia
require the placing upon the ballot of
the following relevant instruction. viz.
"Vote only two first choices and
only two second choices. Vote as
many third choices as you wsh."
The third and only other situation
wherein balloting errors may occur i
where I'M eectOr votes Il first choice
and a second choice for the same
candidate. What has happened in such
a case is illustrated APPLY by the story
of the candidate who, in his own pre-
cinct received two votes and was
Immediately arrested for repeating"
However, although it is obvious that
one cannot vote twice for the same
candidate in one election and have
both votes count, nevertheless the
preferential ballot mstructs each cleo
tor in big type upon the ballot ms fol-
lows:
do not vote more than one choice
for any one candidate as only the one
choice will count"
The foregoing instructions will take
care of every possible question cob
fronting the elector in the voting
booth; and the foregoing matters are
the only matters about which AN elec-
tor need be Informed. There is no
possibility of confusion. The prefer
entail system as written in the char
ter and upon the ballots is most stint
pie. If this system is to be discarded
because of possible confusion arising
to the electors, the game of baseball
would have been discarded by Ameri-
can boys generations ago because the
rules of that game are infinitely more
difficult ami doubtful than are the
rules affecting the preferential sys-
tenn
The only mooted legal question up
on the meaning of the preferential
system as written i'm the charter, arose
in the recent Argall-Eleming contest
The point was raised by Mr.. Fleming
who, in his first election, was elected
by second choice votes, that where
two offices were TO be filled, IL was
mandatory upon the elector, if he vote
any second choice votes, to vote the
full number thereof, viz, two second
choice votes.
The rules of law affecting this situ
alton are expressed in sub paragraph
(b) of Section 63. These rules express
merely the requirement of obedience
to rules similar to the instructions
which are written upon the face of
the ballot and which are quoted above
The mandatory requirement of full
first choice voting is expressed in
the second of these rules, viz,
"AlI ballots shall be void which do
not contain first choice votes for as
many candidates as there are offices
to be filled"
The ballot instructions which tell
the elector to vote in his first, and
also in his second, choice, "only" the
number of offices to be filled and not
in excess thereof, find expression in
Section 63 (b) in the following rule.
viz,
az a ballot contains either first or
second choice votes, in excess OF
the number Of offices to be filled, no
vote In the column showing such ex-
cess shall be counted"
Finally the ballot instruction and
the common sense intelligence which
forbid repeating" for any one can
didate, is expressed in the rule of
Spcti0n 90 (hl aS follows.