93. Election dence are occasionally guaranteed the right to register. Registration boards are required to be bipartisan in New Mexico and New York.5 7 8 A majority of the constitutions fix dates for elections—usually the first Tuesday after the first Monday in November," but Regulations. also in other months, or as the legislature shall prescribe. According to the Maryland and North Carolina constitutions9 elections ought to be frequent, the latter adding "for redress of grievances and for amending and strengthening laws." About half of the states prescribe the frequency of elections-annual,1 biennial or quadrennial, often stating the purpose, general or specific. Election districts are given notice or regulation in a few constitutions.* North Dakota has the unique provision that the legislature may prescribe penalties for failing, neglecting or refusing to vote at a general election. In several states the legislature may or must prescribe oaths for electors. The place of election, when prescribed, must usually be in the election district or precinct of the voter's residence. In twenty-three states designation of the place by local or special law is prohibited. Election officers are recognized in a number of constitutions, some of which contain fairly elaborate clauses. In Pennsylvania district election boards shall consist of a judge and two inspectors, who shall be chosen annually by the citizens. Each elector shall have the La. 213; Miss. XII, 251; S. C. II, 11; Va. II, 26. e. g. All general elections to be held on Tuesday after first Monday in November, except township elections to be held at time prescribed by law and election of judges of courts of general or appellate jurisdiction to be held at time prescribed by legislature when no other officer shall be voted for (Ind. II, 14). e. g., La. 206, 207; Me. II, 4; Tenn. VII, 5. D. R. 7; I, 28. 1Colo. VII, 7; Ky. 148, 155.-Not more than one election annually to be held in state or any city, town, district or county except as otherwise provided in constitution; not to apply to school district elections. See also Conn. Amend. XXXII. 2e. g., Del. V, 1; 0. XVII, 1; Wash. VI, 8. La. 206, 207; Miss. IV, 102, XII, 252. See Wash. VI, 8. Ala. IV, 104; Ga. III, sec. VII, 18; Ky. 59; Pa. VIII, 11; S. C. II, 9, VII, 9. "V, 127. Conn. Amend. VIII; Nev. II, 6. "Minn. XV, 3; Vt. II, 34 prescribes an oath. se. g., N. Y. II, 1; S. C. II, 9; See Mass. Amend. XXIX; Tenn. IV, 1. e. g., Colo. V, 25; Fla. III, 20; Ind. IV, 22; Ky. 59. See Ala. VII, 186; Ark. Amend. IX; Md. III, 49; N. M. VII, 1; N. Y. II, 6; Okla. III, 4; Pa. VIII, 14, 16; S. C. II, 4; Va. II, 31. right to vote for the judge and one inspector, and each inspector shall appoint one clerk. The first election board for any new district shall be selected, and vacancies in election boards filled, as shall be provided by law. Election officers shall be privileged from arrest upon days of election, and while engaged in making up and transmitting returns, except upon warrant of a court of record or judge thereof, for an election fraud, for felony, or for wanton breach of the peace. In cities they may claim exemption from jury duty during their terms of service. On petition of five voters in one election district, the court of common pleas has power to appoint overseers of election to supervise the proceedings of election officers and to make report to the court as may be required. More than one-third of the constitutions prohibit local laws respecting the opening of elections. Laws regulating the conduct of elections are required by some constitutions and by more regulation by local or special law is prohibited. Several states require the prohibition of the sale or gift of intoxicants at elections.5 6 Persons challenged at the polls are required by a few constitutions to swear or affirm innocence before their votes are received. Electors usually have constitutionally guaranteed privileges from arrest while going to and returning from the polls." 8 94. Voting by The chief requirement concerning the manner of voting is that it shall be by ballot, which is unqualifiedly prescribed in Ballot. two-thirds of the states, and with exceptions in ten others." The Oregon clause' is that voting shall be open or viva voce until the legislature directs otherwise. There are a number of constitutional directions concerning the form of the ballot, as 2e. g., Fla. III, 20; Ill. II, 22; Ind. IV, 22. 3e. g., Ala. I, 33; VIII, 190; Colo. XX, 6; Me. IV, Pt. I, 5; Mass. Amend. II; Tex. XVI, 2. 1e. g., Ind. IV, 22. Ga. II, 5; Ky. 154, 155; La. 205. See Ala. VIII, 191,-Duty of legislature to pass adequate laws to protect against evils arising from use at elections. Ala. VIII, 185; Del. V, 3; Ga. II, 1; N. Y. II, 2; Pa. VIII, 8. e. g., Tenn. IV, 3. se. g., Ind. II, 13; Tenn. IV, 4. Ariz. VII, 1; Cal. II, 5; Conn. VI, 7; Amend. VI, XXXIII; Ky. 147, 155; La. 212; Mich. III, 7; Minn. VII, 6; N. Y. II, 5; Pa. VIII, 4; Wis. III, 3. 1II, 15. 5 2 that it must be officially printed, written or printed,3 written,* uniform, open, sealed or secret according to the voter's choice, or as the legislature shall direct. To these various constitutional mandates an occasional exception is allowed. Arizona prohibits the requirement of a fee for printing the name of a candidate on the official ballot. Louisiana' allows the names and devices of independent candidates to be printed upon the ballot; Virginia' prohibits distinguishing marks or symbols. In three states' ballots must be numbered by the election officers in the order received from the voters. Three constitutions3 require that the voters shall be furnished with official ballots. There are two types of ballots actually in use which may be said to be competing for popular favor,*-the so-called partycolumn ballot and the Massachusetts or office-column ballot. The distinguishing feature of the first is the listing of all of the nominees of the same party, no matter for what office, in a single column, under a party designation, and the provision that a single mark by the voter will cast a ballot for the entire— straight party-ticket. The ignorant voter may distinguish the party emblem and the voter who, discriminately or indiscriminately, wishes to obey his party's dictates from first to last need not trouble himself to vote for each separate nominee. The Massachusetts ballot, on the other hand, groups the candidates according to offices and requires that a separate mark be placed beside the name of the voter's choice among the nominees for each office. Strictly there should be no party emblems, but in practice they are by no means unknown. The elimination of partisan designations-even the party names-from ballots seems to be growing in favor for the reason that it makes less practicable the unintelligent vote of party henchmen at the be 2Ark. III, 3; Colo. VII, 8; Mo. VIII, 3; Legislature may provide for same,S. D. VII, 3; Tex. VI, 4. Ky. 147, 155; La. 212; (exceptions). Wyo. VI, Suffrage 11. On this point see Young, J. T., The New American Government and its Work, p. 307. See also Garner, J. W., Government in the United States, pp. 135. seq.; Beard, C. A., American Government and Politics (1910–Ed.), 675, seq. e. g., a star or an eagle-used by Democrats and Republicans, respectively, in New York City. hest of a party boss and tends to encourage careful discrimination in choosing among the candidates of the several parties for each office. 8 In several states elections are specifically required to be open and not secret, and secrecy of the ballot is provided for by at least fifteen constitutions. Writing new names on the bal lot is specifically allowed in Louisiana, Virginia and Wyoming. In Virginia" the preparation and deposit of the ballot must be without aid unless the voter is physically unable to accomplish it or was registered before 1904. In California2 different methods of voting may be authorized for different parts of the state.3 During election in Virginia' ballot boxes must be kept in public view and their opening must not be in secret. Mechanical devices for voting or voting machines are authorized in a few states.5 7 6 Ascertaining Various directions regarding the counting of ballots are 95. found, for instance, that it must not be secret, or that it the Election must be by certain specified officials. The official to whom returns from elections must in due course be sent is sometimes specified.8 Colo. II, 5; Mo. II, 9; Mont. III. 5; N. M. II, 8; S. C. I, 10, II, 1; Wyo. I, 27. e. g., Ky. 147, 155; N. Y. II, 5; Pa. VIII, 4. This, like several other clauses already cited in southern constitutions, is part of the propaganda to discourage voting by negroes. It may, however, be meant simply to procure secrecy and make corruption less practicable. In Ky. (147, 155), ballots are to be marked in private at polls and then and there deposited legislature to provide that illiterate, blind and disabled electors may have ballots marked for them; not to apply to school elections. II, 6; see also XX, 13; Ohio X, 4. Minn. (III, 33) and Nebr. (III, 15) forbid regulation of local voting by local or special laws. 4II, 27, see also Del. V, 6. Cal. II, 6; Colo. VII, 8; Conn. Amend. XXXIII; Mass. Amend. XXXVIII; Utah IV, 8; Va. II, 37. "La. 203; S. C. II, 1; Va. II, 27. "Del. V, 6 (superior court); Me. IV, Pt. I, 5 (in cities, aldermen); Mich. VI, 20 (for governor, etc.; ex officio state board); N. M. XX, 7 (county and state boards); Nev. V, 4 (for state officers, highest court). See also Ark. III, 11; Wyo. VI Suffrage 11. se. g., Miss., IV. 114. Plurality choice, which obtains almost invariably, is sometimes specifically allowed; see Ariz. VII, 7; Fla. XVI, 8; Md. IV, 11; Mass. Amend. XIV; Mont. IX, 13; Nev. XV, 14; N. M. VII, 5; R. I. Amend. X, 1. Thus California (XX, 13) provides that "a plurality of the votes given at any election shall constitute a choice where not otherwise directed in this Constitution; provided, that it shall be competent in all charters of cities, counties or cities and counties framed under the authority of this Constitution to provide the manner in which their respective elective officers may be elected and to prescribe a higher proportion of the vote therefor; and provided, also, that it shall be competent for the Legislature by general law to provide the manner in which officers of municipalities organized or incorporated under general laws may be elected and to prescribe a higher proportion of the vote therefor." 96. Securing the Absentees. 97. Proportional Trials of contested elections must be by the court of law at the domicile of the defendant in case of all officers except the governor and lieutenant-governor in Louisiana," and analogous provisions are found in other states.1 In trial the testimony of a witness must sometimes be compelled and immunity, except in case of perjury, allowed.2 Tie votes for governor must regularly be decided by joint ballot of the two houses of the legislature and sometimes tie votes for other state officers must likewise be determined. In Maryland' a new election must be ordered by the governor. In Arizona' certificates of election of state officers must be issued by the secretary of state in the manner prescribed by law." In Kentucky' the legislature must provide that all employers allow employes, under reasonable regulations, at least four hours on election day to vote. In several states the constitutions permit or require the legislatures to provide means whereby absent electors may vote-especially electors absent in military service. In Michigan" commercial travelers and students absent from their township or ward or from the state cannot be deprived of the vote, nor can members of the legislature while attending sessions. The legislature must provide for the time, manner and place of voting and for the canvass and return of such votes. The numerous and detailed provisions which show the efforts that have been made to secure fair play under the present method of selecting officials stand in rather interesting contrast to the neglect of the method itself. Almost invariably in American elections the decision is rendered according to the plurality of the votes cast. If there are ten candidates for a particular office one may be elected by one more than one-tenth $209. 1See Colo VII, 12; Del. V, 6; Mo. VIII, 9; Pa. VIII, 17. See also Ark, VII, 52. 2Ark. III, 9; Colo. VII, 9; La. 216; Pa. VIII, 10. See also Ala. VIII, 189. se. g.-Del. III, 3; see also Mich. XVI, 4; Nev. V, 4; N. M. V, 2; Okla. VI, 5. XV, 4. There are specified exceptions. "V, 11. In regard to certificates of election, see also Del. V, 6; Ky. 153, 155; Md. IV, 11; R. I. II, 6. 7148, 155. Does not apply to school elections. Conn. Amend. XIII; Kan. V, 3; Me. II, 4: IX, 12; Mich. VII, 1; Nebr. VII, 3; Nev. II, 3; N. J. II, 1; N. Y. II, 1; Pa. VIII, 6; R. I. Amend. IV; S. D. VI, 19; Utah I, 17. III, 1. (Amend., 1914.) |