Show ELECTION IS VOID so says the salt lake county attorney BALLOT WAS AVAS NOT MOT SECRET similar laws in other oilier states declared Decu tred to be unconstitutional citations county attorney Ati orney whittemore of salt take has baa handed banded dohn a decision to tue me biard bard of county canvassers of that canty ci chanty anty holding ju the recent election to be ja invalid valid but saying say ins that the board is guraly ministerial mini steral in im duties and it cannot refusal to issue certificate of election oa the unconstitutionality ot ol the electon election the attorney bays in n order to determine the question as to tte validity of the election it will be necessity to consider certain pro visions ot of the abe state constitution and the law enacted section 8 of article 4 of the tha tion is aa follows all elections shall be ba by secret billot ballot N tj ta ng dg in this i scion lion aba 1 I be ba coue coe trued to prevent toe ute ne of id any machine or mechanical for tha purpose of receiving and registering rin the votes cast at f t any elect ele coa on providenc provi dinC dm that secrecy in in i voting be preserved if this provision is 13 directory an election heli held in deare disregard ard of its terms will not bs be set bet aside bat bai if mandatory a violation of these provis provisions ioaS will void the election without regard to the motive of the pa sous guilty of the tha violation and w any inquiry into the tha effect of lie result of the ibe election che question therefore presents it caf is tile requirement that elections shall ahall be by secret ballot mandatory or merely directory section 26 of article I 1 of the caneti badon ta ion is aa follows folio fab the tha provis provisions ioas ot of this constitution are mandatory and cwass un eis by express worde 10 toey ey are declared to be otherwise othar wisa A perusal of section 8 fails to auy any express words worda declaring the ejection to be a fwise than mandatory mana atory and prot proc citory la fact the words used need in edtion 8 are such as to show clearly aad unmistakably that its provisions are mandatory manda ory in incorporating this pu vision into the constitution the 0 f diners of that instrument followed the welt well settled principles of constitutional law cooley in his work on conation limitations sats public policy r quires aires that tue toe vei of secrecy should bt be impenetrable unless the voter him sv st voluntarily harily determines to lift it h ballot is ia absolutes absolu tey privileged we ve are next brought to a considers t a of the provisions of the law under w ich the election in question was field section 26 of chapter 86 66 of the laws 0 utah otah 1896 provides that the T v ST r has prepared his mailot it shall be aided to the judge in charge of the lacot u box who shall immediately write i c name of such voter upon the poll bet t sud aud snail tabe the ballot of such v rand r and number it in ink in one fsr upon the top thereof in such ner iner as to not expose or show low how voter has baa voted the same to be in the tha order in which it fiall 4 ot received consecutively ao as aa to peru the corner to bs turned and pasted yn wn with mucilage laze which shall be 0 ie so that the tha number is not therea or er visible ana the same earna number ro ei 11 ba recorded by the election judge clerk in the list of voters opposite name ot 01 such voter it gt next nest becala necessary to detera as ae whether this provision for placing c abers on tha the tally book opposite a name of tre tee voter and the corres indino o number on the back of the gallt aall it before it is deposited violates the right guaranteed to the electors under the iba by voting by sebret bei ret ballot we are aided in reach ing a conclusion upon this particular provision by the abe decisions of courts where the tea sama provision in the lawa of other states have been brought into question the supreme court cf indiana in N illiams vs stein 38 ind 89 held beld euca auca a statute unconstitutional aa vioa ing the secrecy implied in the iha COQ con lut ional that the vote vole i uli ba by ballot bailot the court in that ane tae which is teemed by all authority to be ba essem al A to the free ex exercise erest of tuf suffrage frage 1 ia s tt tl much violated by this law as aa it it d declared that the election should viva voce boce this same sama view was taken lu in bris ne vs cleary 26 minn hast s case H Wg inga canada et el as and woodward vs va sar as L R 10 0 P in all ali of the cases above mentioned i aimoli provided that sc tiona should be by ballot and upon a ela borate borata review ol of zil ell the authora au auth ori t ij the conclusion was waa reached that I 1 this country the ballot implies e 8 ab lute and inviolable secrecy crecy ee and that lt dac doctrine trine is founded in the highest of public policy that tb ta roi tsat bilot b bil ilot loi implies secrecy and that as is made cide of voting was waa adopted main ta enable each voter to keep secre secret et a vole oar goes goed furer than any of these and provided provi desy deB not oaly that elEct elections electious lous dball be by v allot ballot but that they sh abali alibe be ov eacret ballot 11 haying having reached the conclusion that the constitution re ra jirine JI that all elections elf chiona shall be by ecret E cretta cret ilot end and that such constina lional provisions are mandatory and Dro and having further deter ln in n ni I that the tha proy ii ns for placing alae ng 1 rs on the ballot and a 1 III bumber opposite the tha voters dame the secrecy of the ballot I 1 am aia clearly cle ariy ot of the opinion t that bat rn election beld under the provisions ot or the law la above quoted is abdol absolutely invalid and if is in fact no election |