Montana labor news., 1944-05-25
Work in the Montana
Supreme Court

synopsis OF DECISION OF state Supfemt
Court
May 22-Dan W. Maddox and Arthur F.
Lamey VS.. State Board Of Canvassers. Origi-
nal proceeding for a declaratory judgment IN
the Supreme Court. opinion Of the Court
prepared by Chief Justice Howard A. johnson.
Justice c. F. Morris conourred specially and
Justice Left Erickson concurred in part and
dissented in part
FACTS.
The legislature in 1913 passed Chapter 1O1.
known as the Soldiers Voting Law Among
other things the Act provided: % a summary
method for delivery Of ballots to qualified
electors in the military and associated serv-
ices, the voting Of the same prior to the
closing Of the polls on election day, and the
return thereof to the election officials Of
the several voting precincts Of the state
through the offices Of the secretary Of state
and Of the several county clerks if received by
secretary Of state at least five days before
election f2l that in regard 10 ballots reaching
secretary Of states office after the five-day
period it provided that the secretary Of state
shall deliver the ballots to the state treasurer
who shall hold the ballots until the first
Monday in December at which time the bal
lots shall be delivered to the state canvassing
board, which board shall count the ballots
and send the results to the various counties;
49, If any ballots are received by the secre-
tary Of state after the first Monday in De-
cember they shall be held and counted in a
Ike manner on the fourth Monday in Deem
Der, tl that not until the fourth Monday
in December shall the state canVassing board
determine the final result. The Supreme
Court was asked for a declaratory judgment
to determine the rights AID duties Of the
citizens and public officers under this Act.
HELD
The Supreme Court held the Act to be un-
constitutional where it purported to allow the
counting Of votes received after election day
In so far as presidential electors were con-
cerned. It was further held that since the
legislature had specifically provided that
nothing in this Act shall be deemed to re-
peal or amend any Of the provisions Of the
law now existing relating to election but
that it shall be supplementary legislation, it
was the obvious intent Of the legislature not
to interfere with any of the existing laws,
and since the provisions which related to
counting Of votes received after election day
eonflicted and interfered with existing stat
utes, those provisions could not be effective.
1t was further held that In SO far as the
legislative enactment related TO the mailing of
the ballots to the service men and women and
the receipt of them by the secretary Of state
prior to election day, the law is workable
and that it is the duty Of the secretary of
state to forward the ballots to the county
clerk Of the property county as eXpeditiously
and quickly as possible and that the county
clerk deliver to the election precinct judges
in a like expeditions manner so that the
legislative intent. that every possible military
voters ballots may be received by the election
officials before the closing of the polls, be
carried out.
The result Of the Judgment is that only
those votes which are received by the pre-
cinct election judges ON or before the close
Of polls on election day shall be counted
the manner provided by the law prior to the
enactment Of Chapter l01.
Prepared and released by Peter Meloy
marshal, Supreme Court Of Montana.