Show UTAH MIR m in mr of the 0 co of the WW W L W people party arr Co counsel linsel for pro peoples I 1 I 1 ea T territorial t 1 t ji committee committed to the utah an by afie commission dated july d as printed inthe in tho volume ot of reports rules etc of the tile commission is as follow follows I 1 11 i ardell it I 1 I 1 I 1 I 1 I 1 I 1 0 O 01 tle ADOPTED SD I 1 11 i f I 1 I 1 am p 1 I 1 i X communication 6 was as leei received vat ff from i lion 1 on john jobb P peoples territorial central tee was submitted by tile chairman li answer to the following ques tion I 1 I i I 1 1 11 1 will voting ting fori for tit lit thomeas neat gen gert eral election in this territory ory canaii dates for the 0 loo o fliehs bees of territorial r lal treasurer Tred surer auditor A alto r of public accounts A c of INS district t ri ct schools and commissioners to locate university lands upon the same bal lots with candidates for members of the tile legislative le assembly and county and invalidate stick I 1 ballot entirely or will sue ench h b ballots 4 llota be counted for members oath leals Ae and for county and precinct of officer libers and arid tho the voting for candidates fda territorial Terri b W treated mated I 1 as surplusage ti after careful consideration b y mhd commission ordered that tha see rotary of the commission is directed to mate in reply thermo bat ballots voted at the coming election august gab c containing ont lining the names of candidates far other offices than those designated ta bo be filled by tho the com coin ral mib tion tAlon ue rejected and liot licit purpose I 1 tho ap pc I 1 ision I 1 BO so div given iti la is not pot batia i factory to ohp person and party pro benting sent ing the question and I 1 hie tho com on having tying lif L expressed a willing nesa lo 10 haae arguments on tho tile subject nj in their behalf beli alf vo ii c respectfully submit the following views ielne arie deci feron icyda Ti aVe been intended to apply only to the special election of 1883 to fill vacancies if so the question would no its extension to the general auchst election of tit ilni U I 1 airi 1 hoci ever cr the decision kvies aa M a Felle general fal rule to all in question ia whether ith itLa hould hotbo aa as an ail err gnp 10 declaris de declaration clarit ion and of principles al applicable lo 10 th tho canvass of votes an IT ther P ascertainment of the wn of tile 1 I 1 we on the authority adjudged of cases and alid in accordance miili with the tile u universal ni vemil principles applicable to eur burlos los is erroneous in iq dortlon in lit utah whether div h ather general 0 ar special the u I 1 d kuch ducs kigns is the tb 0 deai i slon elif jh e courts and bifi n timber of adjudged cas esth I 1 faund arb and hd 4 able to end q a dic turn the tile rulo rule flip v thero 1 I 1 Is no utah matr irakli r I 1 tha i a q nest on section 13 eleven of jho s of fil vida E ever ive ri I 1 V kotershall vot c rl sh all A a single ballot 0 prilla printer b d tho the namo name of the th 0 kor or per soni tooted 11 J pertinent 1 of the office tabe filled 11 tins this statute only lias has the effect to confino hie voter to a single ringle lf allol and irwill st sv til be found that tion list and tha the manner of checking tle the names name 9 of the vote voters M as they vote te arc are only applicable to one ballot in 14 some states a ballot for each separate of officers may bo voted but in such cases the registration to be arranged to check the voto ac cor di ing 1 t to 0 which h boses boxes tho the ballots voted belong tho tile remainder of the statute is only 1 I hill I 1 Y t laust do doeden oien ai wit houta statute I 1 16 9 declare liis his intention so the can canvass nsf era can ascent ascertain ain it and lite fact that tha t a vote is 18 by ballot implies that the voter must ooin dp jn thes respects all that the statute prescribes aln n carpenter penter if va ely 4 wisconsin oust I 1 tar I 1 mst page 20 a t taming the he names of two persons for fbi senator no senator could bo be elected tho the E ballot allot wa was s formal as to candatha to fill them thim tho the whole I 1 balot ballot under tho the statute I 1 V EC rc Mi Every electar apte by y ballot billot in iii jhc thc tonn or waid where i ll 11 he e resides at the atmo of 0 f the election and each person offering io tar voto shall I 1 deliver his billotto ballot to one of ho the torsie tor corsin sin tho gf th the board the ballati liall ea e a caper pacer fic ic ket liet which I 1 shall contain n written or printed or partly part written and partly part printed the names of tile persons for whom the elet toe voter and bhaer des I 1 g wit e cacot ve aci pcr cri sou son so named Is 3 intended by him to iby chosen but no ballot shall cont contain alil a greater number of names of persons thao than thero there aro are tobo falio the elec tion to fill baloc sucho Bw loc fuce 11 I 1 TEP w me 1 court E S ays ya i Thoi ballot cast in magnolia which was rejected by the town c be carsol baub it contained the two ti 0 persons fas tho buce al donator uM biaso lan spon dent a candidate can didato for tho of district Atti attorney iney that ballot was undoubtedly bad bidd I 1 fiu aoda far nilis tile ollice of senator was concerned there was to be but one senator elected at that election in the magnolia senatorial r 12 I 1 d district t i t while tho bal ba I 1 acted 1 oun LC q t 11 ted I 1 talf i liti para sons s designated for or I 1 the to ollice domce an anaas andas as a matter of was ft as immoss impossible to tell who was intended to bevo be voted for fort JIS seu U 6 ian au t 4 1 bl I 1 but 1 R I M act pct tharlie M VW was ag not good as to theotice tha officio of senator did not necessarily vitiate tho whole brulet it anva abo exception af pf t re y regu regul LI aaa as to 0 o the tile 0 onice lice of Ii district strict attorney Attorn oy and other officers cors upon the ticket and ond we can see no valid ida oba objection ecklon to counting ilium 3 it I 1 TL T I 1 it frequents frequently v happens that an elector through inadvertence bridis tor riis ta akeia k Atsa ballot which contadini con taini the names of more wore than ono one person for the raine ollice tco whilo thero theto aro area a dozen lamed li it for As as in a ny different of offices rices all regular and pro proper W dd it beams ra thern rigor TI pua arue rulilo to declare eliat lie ahal tofe as to zall because the bal obal lui R f ba in 6 1 ho ta I 1 loses es hir vota as aa omco emco to for r which ills his ballot is double it would seem to beull befall abat public io dolcy licy the tile security of the ballot bot box or sound sound of tho the statute require re 1 iri int the people halden 11 ld two bil billota allots J beail cast on oil eadi cavil of which the names of candidates end and the tile offices to be filled by then thew were three times rep repeated emed butiu each ep 1 11 I 1 1 0 came person I 1 1 narn ea oil 1 b ill he 14 m 0 office 1 vassero ou fed c efte cacha a oil onta 1 I vote vt yan but it w as ea P 1 l ii fact three votes t art acs ics at ut bac rejected the court sustained the action of the CanVas canvasser saying it is ChIll claimed ned that these pitec pieces es of paper ape r wera each throe three folded pa the m a aube iff la h M lating elections woods da eap p I 1 r W 1 I N tickets aro are foai found d folded together they licy shall both lie jo in our judgment this point ignot is not well made section de define filles a ballot te b be A paci ticket containing ahe lie names of the persons for whom tho lie elector intends to vole a and nd designating pa t ing the office to which each person to so nall named ed is intended by him to bo be lsen thus n ballot ora ticket etis s ti it ringle piece of paper 0 hatanpa oc the burices lor for which lite V it atre re ru run n bilig pi ni if the alq tor were T tp write the n naimi 1 hiew tf f alio cand dates upon iiii aidt awl twice ee bf abreo pr nio ro lie does lant L thereby make I 1 t eife one ticket bo so long as tharo n iq hut one single piece ace of bf paper acro Il lorts ran mn hl bollone bou ut lone one buckl t and irit ir it can be discovered who ho ure voted fur and th the C offices foj for which eacel haq a it mounted ag one ballot notwithstanding ing the may have through jn inadvertence advertence pr otherwise ie repeated bot 1 I ifie offices icea off 1 bel being abut but 0 one lie piece of ofia paper per I 1 it can be but one ticket and be counted iaone vot i 9 F in i ajr in clo law nud c assemblies Assem blie e alpago at imago 40 section observes yeB if a EL ballot liap lipp pens chave the e eana J hamo Ar itlen or printed an n it moro than terice INS not therefore to bv rejected bedus e as fas it is but one piece pf af paper it ac can n counted luord kli than a a one YOU and naipo js written onit on it several tapes it is 3 yet ct but one gile idame where ballots are pared pareil for distribution in the asual I 1 way 0 of aa elates erat Et ates af that 4 by hyslip t name af pf the rand idae to beina viccii or printed sav rol times on tv tho game slip of paper the purpose 0 of f being cut ut into separate b ballots and being nearly cut etil apart ap art but ut iso as to adhere at one end and an elector inAdvertent inadvertently puts two votes not entirely separated into the tho box bok they hilll wil bo I 1 counted n diio balo stances present acie ill which afford a presumption conof of inte intent ut in n which case ahby tit alier r bo be rejected e or alie whole wf icile bal ballot set ER side aside r i in coffea t 8 emmonds Kd IM monds california dif a v vig it lLant elector pho ho in bendey C p Q bof to fur q r 11 k anda ng lish no noti peir names goulda ticket wrote on it in iti pencil Prop president lUent and 1 i ai the tile ballot was counted for bulj other of orliea lieA an andice dIbe supreme court ens tamed thi adion I 1 1 I 1 aliv mississippi coder ifancy ticket the names of more for r any office bucl such elector giai las a rf to vote fur rr euch such ballot not be ve counted held that the ll 11 abt that oliata a ticket con baing more moro names for constable than could for is no ground tot Te rejecting jetting it Us kis a ballot for at al 1 Per kinst SO 59 alss 13 12 U 4 dig clyl Dl N S 6 P PIM IM gumc andt vi M NY Y af AP iWAs ais pita catlie ofee for state officers officer weri were under arate head heading I 1 8 state tate ail and d th the c alleg sta a was like that of mississippi quoted tile iivo the two aln irico tri or A k ballot eori bained the names of fui for the slate off icya under er lived ito preci I 1 1 had att I 1 tom t lip gamo same heading hea clim I 1 tor vor county judge ezra grov groves es the Couri says Whai whatever dver e natt fi I 1 et this a c c n the ballot far eol t I 1 it t 1 had ia dun none 0 n 0 u upon P 0 n 0 other t I 1 i candidates candid 11 atea oil off ther ticket the tife tague forbids inserting on tho samol ballot mort llian than one name for the tame officer SIc Crary ry in hia his work on eject elections ions lays a 3 8 4 down own the aspic same doctrines aej ADU r 1 lei p 1 es iiii i pavis parts 1 and 30 tho ho n negative of iho the decision of ortho hot only by all the judicial authority we c tui tho the principles tip cabler require tit the of all election laws sli should bo be to tho kho express hla choice of person sto hll till specified offic offices ity and technicality as possible and when hia his choice of the person for the tile officers elpren expressed k d BO asto convey liis inton intention tion to the ir blust ibe intention effect I 1 w biays judee judge coo I 1 are ato applied to thu ax os lu in constitutional form arthe popular nt il 1 sh 6 9 lit alin to give ivo effect to the intention of iho file elect elector and d rulo which I 1 is s to 6 have any ny other effects ing a wrong done to ellb parti chance tobe by it abid to the public at largo I 1 i mccrary SIc Crary on elections p A k ballotia tabe I 1 athe flip li 4 f L tf flit tuo he sixto eains luani Aei aad I 1 to t the bb I 1 aanie albig ai extent w h T a v 1 if ip e cannal ta bo contrA ditled I 1 bui bul ft it ni inay iab be 0 el explained pla ined il alep efm a ballot expresses alio odthe of the voter without A reasonable douba dou bf it jt is sufficient though technically fio 50 iowa in bi ig elec lec tion 0 the court nut rive give to 4 cd elloui such uch ft 4 a will make valid if thea theae e ta pablo bf I 1 I 1 I 1 1 I iio 6 1 wi r pa taa P res 1 I on i 4 cul II bertson as a g biorn t the Thu polls polla of a precinct had le cit opened a ai I 1 distance bitt blit in plain view from the place appointed by vy mic att perv per igors I 1 11 ithe mie court says important question in election cases is have the qualified beep deprived 1 bf ofa fair opportunity y 0 of 1 I 1 expressing their pre ferenc el which ho lie 11 01 i result bo disregarded itis it is manifest that if ir but a office is to be filled by a officer r and 8 ballot contains tva pvn or diore for the tile office ali tharo rp is no way ilia intention intent jon of the voter 19 er aa to winch of tho tile persona persons ho lie aresto gil bulc an on tills point he lias bas express expressed id fio no intention inte ution and ind the defect is incurable hu tinte intention intent ution lon baute ran abe drawn frow illo abo order in lit ananies stand stana on the tile hallott bal loti and that had lio known becloud bec lie could oud vo foro lor only rily onelie onu jie would wouN have elected the cirit namo name 1 ia i men inere declaring for liim him an inte intention atlon he lie has not expressed this rule was held toi apper in a caso case where wilbre three catnes of ofa a person ineligible were werty voted for to fill two bil offices ices on oil thel ground that there was tho the voter know ono one waa was aneli gile and that the canvassers had no power howerto to dol det ermino ermillo eligibility but when the voter proper properly lv desi lates pates on the ballot offices to be filled I 1 I 1 and nd persons per berjis sops to fill them in ians its inena anten faion in these respects adv less certain jn orally or any flit less certainly ox expressed regea besig designates nates on ohp 6 t 0 offices e not elective 1 astill ril t 1 oe o e odices offices ifa clinice prokp properly expressed 13 is lie substance stance of ofa a bilut balut b tho vote is 14 t BO so fair us as it relta L to offices tobe to be lilleo ther result of tho the de decision elsion of llie the cn 11 ion to its ces te 4 db ie the theoule Th erule rule cl peril what ellitch are to be oiled filled at any eloe lection on mild find the number of ics acs I 1 lawfully law lully to hold the offices cages lae arisen arian where tita entire community believed ail onice office was to be billed at agven el petion abid hotd voted accord accordingly but the court 1 hold ld that hat k he term of tile had badnow not expired and there was vacant lill such a sidn under the rule in question would maka every e pry beery o cat mt at talat that ejection election void id I 1 tile fhe t aliat th alio 0 can canvassers vassero had had lied apt counted them would make difference difre rende if iad ho ballots tt were ere bemuse i came name for an office not then elective the canvas take make egal legal by count atif hie the ili n lidia if they wei e valid 0 mothr ir r additional haino and office 0 ia 0 L fo coined Q ut ined I 1 fed I 1 to the of commission seq n elenda t gilds apt arly only what ali atit it 3 but also to it if it I 1 that tho the tan call vawnie ti AlI appointed 1 ly commission have the power to do te rnino no what alq elective el ettive may 7 ly 1 Q I sted ote d for and to refuse L curit N voted etc otc 3 cast fda af persona esons to fil I 1 nit I 1 I 1 we submit such power given to them by statute and anti the exercise of such powers ia is entirely be yond oud tho tile authority ustia usually lly given budh weli hoards tho the powers of the canvass |