The people's voice. [volume] (Helena, Mont.) 1939-1969, 1944-04-07
THE MONTANA SOLDIER VOTE
A Speech by ]. P. HENNEssEY Of Butte over KGIR

J adequate, unavoidable, in great con
flict with present election laws, yer,
, cumbersome, and ambiguous.
I would like to point out a few
of the unavoidable and conflicting sec
! tons to you here tonight, which viii
Iprove conclusively that the findings
of the committee are correct, and the
contention of the governor that the
law is adequate is not based on actual
fact.
First, If this soldier vote law is not
amended, no voter, whether member
of the armed forces or a civilian re
siding in Montana, will be permitted
to vote for President or Vice Presi
dent in this years general election
and have his vote counted. Our pres
ent state election law provides that
the presidential electors shall meet in
Helena on the first Monday after the
second Wednesday in December to
cast Montana's vote for President.
This year, the date, therefore, would
fall on December IS. However, under
the soldier vote law which the gov
ernor states is adequate the state can
wasting board would meet for their
final session on the fourth Monday in
December or December rs, to finally
compute the vote of the absentee sol
diers and at that time issue election
and other state and federal offices.
Therefore, it is obvious that Mon
tana's vote can never be cast for
President, as there will be no presi-
Dental electors designated to cast the
vote on the legal date such vote
should be castt. 1t is further the
opinion of the committee that it will
be impossible for the supreme court
to alter the existing law by setting
a new date for tibet electors to cast
Montanas presidential vote.
Another glazing inconsistency in
Montana's soldier vote law is the sec
lions relating to conflicts with present
election law. Section 81, reads as fol-
lows and l quote, Nothing in this act
shall be deemed to repeal or amend
any of the provisions of law now ex-
listing relating to elections, but this
act shall be construed as supplement
tary to all such laws and designed to
carry into effect the purposes herein
expressed, but in case of conflict or
apparent conflict, the provisions of
this act shall, within its scope and
purpose, prevail" End of quote. I'm
der this provision the present election
law would not be repealed, but this
soldier voting law would merely take
precedence where there is conflict
with present election laws, but now
let us go further and read Section 20
which is as follows and I quote, "All
acts or parts of acts in conflict here
with are hereby repealed" End of
quote. Therefore, Section 81 says
none of the present election laws in
conflict with this soldier vote law are |
repealed, but Section 20 states all |
acts, which would mean the present |
election act or parts of it in conflict |
with the soldier vote law, are re-
pealed If the supreme court should |
llOlu ludb focSbiOu Is Ndliut Lutn lAC
present election laws or at least part |
of them have been repealed And |
therefore / submit to you the ques-
ton whether or not it is legal to hold |
any election in Montana this year. |
Probably the outstanding joker of the |
law is the method of counting the sol |
1ier's votes which are received be-
tween five days preceding the gen
eral election and up to and including |
he fourth Monday in December. The |
aw provides that the Secretary of |
State shall bring them before the
state board of canvassers on noon of
he first Monday in December and fl
tally on the fourth Monday in De-
,ember, and the act provides further
hat the state board of canvassers
hall proceed to canvass this vote as
provided by law. Neither the county
,oard of canvassers or the state board ;
# canvassers have any authority to
esolve themselves into an election {
,oard and count votes. Nor does any I
# our present election laws, or this I
older vote law give them any author
ty to count votes. The state board
# canvassers merely canvass or ex- {
mine the work of the election boards,