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 THE AUSTRALIAN OR 
 SECRET BALLOT LAW 
 
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STATE OF MAINE. 
 
 THE AUSTRALIAN 
 
 OR 
 
 SECRET BALLOT LAW. 
 
 AS AMENDED, 
 
 To which is Appended 
 
 OPINION OF S. J. COURT. 
 
 AUGUSTA 
 
 KENNEBEC JOURNAL PRINT 
 1904 
 

 Digitized by tine Internet Arcinive 
 
 in 2007 with funding from 
 
 IVIicrosoft Corporation 
 
 littp://www.arcliive.org/details/australianorsecrOOmainrich 
 
CHAPTER 102— PUBLIC LAWS OF I89J, AS 
 AMENDED BY CHAPTER 267, PUBLIC LAWS 
 OF J893 AND CHAPTERS 6 AND 169 OF 
 PUBLIC LAWS OF 1903, ENTITLED 
 
 An Act to provide for the Printing; and Distributing Ballots at 
 the public expense and to regfulate Votingf for State and City 
 Elections* 
 
 Sect. 1. All ballots cast in elections for national, state, dis- 
 trict and county officers in cities, towns and plantations, and all 
 ballots cast in municipal elections in cities, shall be printed and 
 distributed at public expense as hereinafter provided. The print- 
 ing of the ballots and cards of instructions to voters shall in 
 municipal elections in cities be paid for by the several cities 
 respectively, and in all other elections the printing of the ballots 
 and cards of instruction, and the delivery of them to the several 
 cities and towns, shall be paid for by the state. The distribution 
 of the ballots to the voters shall be paid for by the cities, towns 
 and plantations respectively. 
 
 The term state election, as used in this act, shall apply to any 
 election held for the choice of a national, state, district or county 
 officer, whether for a full term or for the filling of a vacancy, and 
 the term state officer shall apply to any person to be chosen by 
 the qualified voters at such an election. The term city election 
 shall apply to any municipal election so held in a city, and the 
 term city officer shall apply to any person to be chosen by the 
 qualified voters at such an election. 
 
 Sect. 2. Any convention of delegates, and any caucus or 
 meeting of qualified voters, as hereinafter defined, and individual 
 voters, to the number and in the manner hereinafter specified, 
 
 257185 
 
may nominate candidates for public office, whose names shall be 
 placed upon the ballots to be furnisked as herein provided. 
 
 Sect. 3. Any convention of delegates representing a political 
 party which, at the gubernatorial election next preceding, polled 
 at least one per cent of the entire vote cast in the state for gov- 
 ernor, or in the electoral district or division thereof for which 
 the nomination is made, and any caucus held by such a political 
 party in any such electoral district or division, may for the state, 
 or for the district or division for which the convention or caucus 
 is held, as the case may be, by causing a certificate of nomination 
 to be duly filed, make one such nomination for each office therein 
 to be filled at the election. Every such certificate of nomination 
 shall state such facts as may be required as above for its accept- 
 ance, and as are lequired in section five of this chapter; shall be 
 signed by the presiding officer or by the secretary of the con- 
 vention or caucus, and shall be sworn by the party signing to be 
 true, and a certificate of the oath shall be annexed to or made 
 on the certificate of nomination. 
 
 Sect. 4. Nominations of candidates for any offices to be filled 
 by the voters of the state at large may be made by nomination 
 papers signed in the aggregate for each candidate by not less 
 than one thousand qualified voters of the state. Nominations of 
 candidates for electoral districts or divisions of the state, or for 
 municipal or ward officers, may be made by nomination papers 
 signed in the aggregate for each candidate by qualified voters 
 of such district or division not less in number than one for 
 every one hundred persons who voted at the next preceding 
 gubernatorial election in such district or division, but in no case 
 less than twenty-five. In the case of a first election to be held 
 in a plantation, town or ward newly established, the number of 
 twenty-five shall be sufficient for the nomination of a candidate 
 who is to be voted for only in such plantation, town or ward; 
 and in the case of a first election in a district or division newly 
 established, other than a plantation, town or ward, the number 
 of twenty-five shall be sufficient. Each voter signing a nomina- 
 tion paper shall make his signature in person, and add to it his 
 place of residence, and each voter may subscribe to one nomina- 
 tion for each office to be filled, and no more. The nomination 
 papers shall before being filed be respectively submitted to the 
 clerks of the cities, towns or plantations in which the signers 
 
purport to be qualified voters, and each clerk to whom the same 
 is submitted shall forthwith certify thereon what number of the 
 signatures are names of qualified voters both in the city, town 
 or plantation for which he is clerk and in the district or divi- 
 sion for which the nomination is made ; one of the signers to each 
 such separate paper shall swear to the truth thereof, and the 
 certificate of such oath shall be annexed to »t made upon the 
 nomination papers. 
 
 Sect. 5. All certificates of nomination and nomination papers 
 shall, besides containing the names of candidates, specify as to 
 each, first, the oflSce for which he is nominated ; second, the party 
 or political principle which he represents, expressed in not more 
 than three words ; third, his place of residence. In the case of 
 electors of president and vice-president of the United States, 
 the names of the candidates for president and vice-president may 
 be added to the party or political appellation. 
 
 Sect. 6. Certificates of nominations and nomination papers 
 for the nomination of candidates for state and county officers and 
 representatives to the legislature, shall be filed with the secretary 
 of state on or before the tenth day of August of each year in 
 which such election is held, and for candidates for electors of 
 president and vice-president on or before the tenth day of October 
 in each year when such election is held. Such certificates and 
 papers for the nomination of candidates for the offices of mayor 
 and all other offices in cities shall be filed with the city clerks of 
 the respective cities at least seven days, exclusive of Sundays, 
 previous to the day of such election. Such certificates and papers 
 for the nomination of candidates to be voted for at any special 
 election to be held for choice of representatives to congress or 
 members of the legislature shall be filed with the Secretary of 
 State at least seven days, exclusive of Sundays, previous to the 
 day of election. With nomination papers and certificates shall 
 also be filed the consent in writing of the person nominated. 
 
 Sect. 7. The certificates of nomination and nomination 
 papers being filed, and being in apparent conformity with the 
 provisions hereof, shall be deemed to be valid ; and if not in 
 
 apparent conformity, they may be seasonably amended under 
 oath. 
 
 Sect. 8. In case a candidate who has been duly nominated 
 under the provisions hereof shall die before the day of elec- 
 
tion, or shall withdraw in writing, the vacancy may be supplied 
 by the political party or other persons making the original nom- 
 ination, in the manner herein provided for such nomination ; or, 
 if the time is insufficient therefor, then the vacancy may be sup- 
 plied, if the nomination was made by a ponvention or caucus in 
 such manner as the convention or caucus has previously pro- 
 vided for the purpose, or in case of no such previous provision, 
 then by a regularly elected general or executive committee repre- 
 senting the political party or persons holding such convention 
 or caucus. The certificates of nomination made for supplying 
 such vacancy, shall state, in addition t© the other facts required 
 by this chapter the n,ame of the original nominee, the facts causing 
 the vacancy, and the measures taken in accordance with the 
 above requirements for filling the vacancy ; said certificate shall 
 be accompanied by the withdrawal, if any, and shall be signed 
 and sworn to by the presiding officer or secretary of the conven- 
 tion or caucus, or by the chairman or secretary of the duly 
 authorized committee, as the case may be. The name so sup- 
 plied for the vacancy shall, if the ballots have not been printed 
 for the office already, be placed on the ballots, instead of the 
 original nomination ; or, if the ballots have been printed, new 
 ballots containing the new nomination shall, whenever practica- 
 ble, be furnished, or, slips containing the new nomination shall 
 be piinted under the direction of the Secretary of State, which 
 may be pasted in proper place upon the ballots and thereafter 
 shall become part and parcel of said ballots as if originally 
 printed thereon. 
 
 Sect. 9. All certificates of nomination and nomination 
 papers, when filed, shall forthwith be opened and kept open 
 under proper regulations to public inspection, and the Secretary 
 of State and the several city clerks shall preserve the same in 
 their respective offices not less than one year. 
 
 Sect. 10. Every general ballot, or ballot intended for the use 
 of all voters, which shall be printed in accordance with the pro- 
 visions of this chapter, shall contain the names and residences, ward 
 residences in city elections, of all candidates whose nominations 
 for any oflice specified in the ballot have been duly made and not 
 withdrawn in accordance herewith, and the office for which they 
 have been severally nominated and shall contain no other names 
 except that in case of electors of president and vice-president 
 
of the United^States, the names of the candidates for president 
 and vice-president may be added to the party or political desig- 
 nation. The names of candidates nominated by any party shall 
 be grouped together upon the ballot. Above each group shall 
 be placed the name of the political party by which the candidates 
 comprising such group were placed in nomination, or by the 
 political designation as described in the certificate of nomination, 
 or nomination papers under a square. If only one person be 
 nominated by any party, or under any political designation, his 
 name with the office for which he is a candidate shall be printed 
 by itself under the name of such party or political designation. 
 A blank space shall be left after the names of the candidates for 
 each different office in which the voter may insert the name of 
 any person, for whom he desires to vote as candidate for such 
 office. Whenever the approval of a constitutional amendment 
 or other question is submitted to the vote of the people, such 
 question shall be printed upon the ballot after the list of candi- 
 dates. The ballots shall be so printed as to leave a blank space, 
 above such amendment or question so as to give to each voter a 
 clear opportunity to designate by a cross mark (X) therein, his 
 answers to the questions submitted and on the ballot may be 
 printed such words as will aid the voter to do this as 'yes,' 'no,' 
 and the like. 
 
 The ballot shall be not less than four inches in width and not 
 less than six inches in length. Before distribution the ballots 
 shall be so folded in marked creases that their width and length 
 when folded shall be unifoi-m. On the back and outside, when 
 folded, shall be printed "Official Ballot for," followed by the 
 designation of the polling place for which the ballot is prepared, 
 the date of the election and a fac-simile of the signature of the 
 Secretary of State or city clerk who has caused the ballot to be 
 printed. Except as otherwise herein provided, ballots shall be 
 printed upon clear white paper without any distinguishing mark or 
 figure thereon. 
 
 Sect. 11. All ballots when printed shall be folded as herein- 
 before provided, and fastened together in convenient numbers in 
 packages, books or blocks, in such manner that each ballot may 
 be detached and removed separately. A record of the number of 
 ballots printed and furnished to each polling place shall be kept 
 and preserved by the Secretary of State and the several city clerks 
 for the term of one year. 
 
Sect. 12. There shall be provided for each voting place at 
 which an election is to be held, two sets of such general ballots, 
 each of not less than sixty for every fifty and fraction of fifty 
 votes cast in said voting place at the next preceding election, 
 city, state or national, corresponding to the election for which said 
 ballots are to be provided. 
 
 Sect. 13. The Secretary of State, in case of a state election, 
 and the several city clerks, in case of city elections, shall prepare 
 full instructions for the guidance of voters at such elections, as 
 to obtaining ballots, as to the manner of marking them, and the 
 method of gaining assistance, and as to obtaining new ballots in 
 place of those accidentally spoiled, and they shall respectively 
 cause the same, together with copies of sections twenty-nine, 
 thirty, thirty-one aad thirty-two of this chapter to be printed in 
 large, clear type, on separate cards, to be called cards of instruc- 
 tions ; and they shall respectively furnish the same and the ballots 
 for use in each such election. They shall also cause to be printed 
 on tinted paper, and without the fac-simile endorsements, ten or 
 more copies of the form of the ballot provided for each voting 
 place at each election therein, which shall be called specimen 
 ballots, and shall be furnished with the other ballots provided for 
 each such voting place. 
 
 Sect. 14. The Secretary of State shall, seven days at least 
 previous to the day of any election of state or county oflScers, 
 transmit to the clerks in each city, town and plantation in which 
 such election is to be held, printed lists containing the names, 
 residences, and party or political appellations of all candidates 
 nominated as herein provided for such election and to be voted for 
 in each voting place in each such city, town and plantation re- 
 spectively, substantially in the form of the general ballot to be so 
 used therein ; and the clerks shall immediately cause the lists for 
 each plantation, town or ward, as the case may be, to be con- 
 spicuously posted in one or more public places in such plantation, 
 town or ward. The Secretary of State shall likewise cause to be 
 published prior to the day of any such election, in at least two 
 newspapers, if there be so many, printed in each county, repre- 
 senting, so far as practicable, the political parties which, at the 
 preceding election, cast the largest and next largest number of 
 votes, a list of all the nominations made as herein provided, and 
 to be voted for in such county, so far as may be, in the form in 
 
which they shall appear upon the general ballots. New nomina- 
 tions made or authorized shall be transmitted, posted and pub- 
 lished promptly, and so far as practicable in the manner herein 
 directed and communications transmitted as herein directed by the 
 Secretary of State to any clerk, shall be duplicated on the 
 succeeding day. 
 
 Sect. 15. The city clerk of each city shall four days at least 
 prior to the day of any city election therein, cause to be conspic- 
 uously posted in one or more public places in each ward of such 
 city a printed list containing the names, residences and party or 
 political appellations of all candidates, nominated, as lierein pro- 
 vided, and to be voted for in such ward, substantially in the form 
 of the general ballot to be so used therein ; and he shall likewise 
 cause to be published, prior to the day of such election, in at least 
 two newspapers, if there be so many, printed in such city, repre- 
 senting the political parties which cast at the preceding election 
 the largest and next largest number of votes, a list of all the 
 nominations made, as herein provided, and to be voted for in such 
 city, BO far as may be, in the form in which they shall appear 
 upon the general ballots. 
 
 Sect. 16. The Secretary of State shall send, separately and at 
 different times or by different methods, the two sets of general 
 and special ballots, together with the specimen ballots, and cards 
 of instruction printed by him, as herein provided, to the several 
 city, town and plantation clerks, so as to be received by them, 
 one set seventy-two hours at least, previous to the day of election, 
 and the other set forty-eight hours at least previous thereto. 
 The same shall be sent in sealed packages, with marks on the 
 outside clearly designating the polling place for which they are 
 intended, and the number of ballots of each kind enclosed ; and 
 the respective city, town and plantation clerks shall on delivery 
 to them of such packages, return receipts therefor to the secretary. 
 The secretary shall keep a record of the time when, and the man- 
 ner in which the several packages are sent, and shall preserve for 
 the period of one year the receipts of the city, town and planta- 
 tion clerks. 
 
 Sect. 17. The two sets of ballots together with the specimen 
 ballots and cards of instruction printed by the city clerks as 
 herein provided, shall be packed by them in separate sealed pack- 
 ages, with marks on the outside clearly designating the polling 
 
lO 
 
 places for which they are intended, and the number of ballots of 
 each kind enclosed. 
 
 Sect. 18. The several city, town and plantation clerks, or 
 municipal officers, shall send to the presiding election officer or 
 officers of such voting place before the opening of the polls on 
 the day of election one set of ballots so prepared, sealed and 
 marked for such voting place, and a receipt of such delivery shall 
 be returned to them from the presiding election officer or officers 
 present which receipt, with a record of the number of ballots sent, 
 shall be kept in the clerk's office for one year. At the opening of the 
 polls in each polling place the seals of the packages shall be 
 publicly broken, and the packages shall be opened by the presiding 
 election officer or officers, and the packages, books or blocks of 
 ballots shall be delivered to the ballot clerks hereinafter provided 
 for. The cards of instruction shall be immediately posted at or in 
 each voting shelf or compartment provided in accordance with this 
 chapter for the marking of the ballots, and not less than three 
 such card's and not less than five specimen ballots shall be 
 immediately posted in or about the polling rooms outside the guard 
 rails. The second set of ballots shall be retained by the respec- 
 tive city, town and plantation clerks until they are called for or 
 needed for the purposes of voting, and, upon the requisition 
 in writing of the presiding election officer or officers of any voting 
 place, the second set of ballots shall be furnished to such voting 
 place in the manner above provided as to the first set. 
 
 Sect. 19. In case the ballots to be furnished to any city, town 
 or plantation or voting place therein, in accordance with the pro- 
 visions hereof, shall fail for any reason to be duly delivered, or 
 in case after delivery they shall be destroyed, lost or stolen, 
 it shall be the duty of the clerk or municipal officers of such city, 
 town or plantation to cause other ballots to be prepared substan- 
 tially in the form of the ballots so wanting and to be furnished ; 
 and upon receipt of other such ballots from him or them, accom- 
 panied by a statement under oath that the same have been so 
 prepared and ful-nished by him, and that the original ballots have 
 80 failed to be received or have been so destroyed, lost or stolen, 
 the election officers shall cause the ballots so substituted to be 
 used in lieu of the ballots wanting as above. 
 
 Sect. 20. The municipal officers, sixty days before any elec- 
 tion, may divide towns of more than four thousand inhabitants 
 
II 
 
 and wards of cities into convenient polling distvictd, (a) which shall 
 contain not less than three hundred voters in each, defining the 
 limits thereof by a writing under their hands to be filed with and 
 recorded by the city or town clerks ; and attested copies thereof 
 shall forthwith be posted by said clerks in not less than six 
 public and conspicuous places in said town or ward, and the 
 same shall be published in one or more of the newspapers, if 
 any, printed in said city or town, thirty days at least before such 
 election. They shall also ten days before any such election, 
 appoint a warden and ward clerk for each polling place other 
 than the one in which the warden duly elected for such ward 
 shall preside, who shall perform the same duties at elections as 
 presiding officers and clerks of towns and wards now perform. 
 Any vacancy occurring after appointment may be filled by the 
 voters of said polling district as similar vacancies are now filled. 
 All such oflacers shall be sworn. The board of registration of 
 voters for any city in which a ward has been so divided, and 
 the municipal officers of any town which has been so divided, 
 shall in the manner now provided for by law, prepare check 
 lists of the qualified voters for each of said polling districts, in 
 lieu of the check lists now provided by law for the entire town 
 or ward, to be used as hereinafter provided, and all provisions 
 of law applicable to check lists for towns and wards shall apply 
 to check lists for such polling districts. 
 
 Sect. 21. The municipal officers of cities, towns and planta- 
 tions voting in accordance with the provisions of this chapter, shall 
 biennially in the month Qf May appoint clerks for each polling 
 place ; and such municipal officers shall appoint as such clerks 
 such persons as shall be recommended for such appointment by 
 the several political party committees of the several cities, towns 
 or plantations, representing the two political parties which, at 
 the gubernatorial election next preceding such appointment, cast 
 the greatest number of votes. For each polling place in cities 
 and towns of more than one thousand inhabitants four clerks, 
 and for each polling place in plantations, and for each island 
 ward of the city of Portland and for the island district of the 
 town of Cumberland (b) and for every town of less than one thou- 
 sand inhabitants, two clerks shall be appointed. Said clerks 
 shall equally represent each of the political parties which cast 
 the largest number of votes in the state election next preceding 
 
la 
 
 their appointmait. Each of said clerks shall be s^orn to the 
 faithful performance of his duties, and shall hold office for two 
 years from the date of his appointment, and until a successor is 
 appointed and qualified, or he vacates the office. Vacancies 
 occuring in the office of election or ballot clerks shall be forth- 
 with filled by the municipal officers in manner hereinbefore pro- 
 vided. Such election clerks shall attend at the times and places 
 designated for meetings in their respective ward», towns or 
 plantations for the election of any national, state, county, city 
 or ward officers, and for the determination of any question sub- 
 mitted to the qualified voters of any city by lawful authority, 
 shall be present at and witness the counting by the presiding 
 election officer or officers of all votes cast in such meetings, arid 
 shall receive soch reasonable compensation for each day's actual 
 service as the municipal officers of their respective cities, towns 
 and plantations may determine. No person shall be eligible to 
 the position of election clerk in any ward, town or plantation 
 where he is a candidate to be voted for. Two of the clerks in 
 each polling place, one from each political party shall be detailed 
 by the municipal officers to act as ballot clerks. The two ballot 
 clerks thus detailed and appointed in each polling place shall 
 have the charge of the ballots therein and shall furnish them to 
 the voters in the manner hereinafter set forth. A duplicate list 
 of the qualified voters in each ward, town or plantation shall be 
 prepared for the use of the ballot clerks, and all the provisions 
 of law relative to the preparation, furnishing and preservation 
 of check lists shall apply to such duplicate lists. Provisions in 
 the charter of any city for the election of two persons to assist 
 the warden in receiving, sorting and counting the ballots, are not 
 affected by the provisions hereof ; but persons so elected shall 
 be deemed election clerks for that purpose ; they shall equally rep- 
 resent the two political parties which, at the state election next 
 preceding, cast the greatest number of votes. 
 
 Sect. 22. The municipal officers in each city, town or planta- 
 tion, as aforesaid, shall cause the polling places therein to be 
 suitably provided with a sufficient number of voting shelves or 
 compartments, at or in which voters may conveniently mark 
 their ballots, so that in the marking thereof they shall be 
 screened from the observation of others, and a guard rail shall 
 be so constructed and placed that only such persons as are inside 
 
13 
 
 said rail can approach within six feet of the ballot boxes, and 
 of such voting shelves or compartments. The arrangement shall 
 be such that neither the ballot boxes n©r the voting shelves or 
 compartments shall be hidden from the view of persons just 
 outside the guard rail. The number of such voting shelves or 
 compartments shall not be less than one for every one hundred 
 voters qualified to vote at such polling place, and not less than 
 three in any town, and not less than five in any ward of a city. 
 No person other than the election officers, election clerks and 
 voters admitted as hereinafter provided, shall be permitted within 
 said rail, except by authority of the presiding election officer 
 or officers for the purpose of keeping order and enforcing the law. 
 Each voting shelf or compartment shall be kept provided with 
 proper supplies and conveniences for marking the ballots. 
 
 Sect. 23. Any person desiring to vote shall give his name, 
 and, if requested to do so, his residence, to one of the ballot 
 clerks, who shall thereupon announce the same in a loud and 
 distinct tone of voice, clear and audible, and if such name is 
 found upon the check-list by the ballot clerk having charge 
 thereof, he shall likewise repeat the said name, and the voter 
 shall be allowed to enter the space enclosed by the guard rail, as 
 above provided. The ballot clerk shall give him one, and only 
 one ballot, and his name shall be immediately checked on said list. 
 
 Besides the election officers, and election clerks, not more than 
 two voters in excess of the number of voting shelves or compart- 
 ments provided, shall be allowed in said inclosed space at one 
 time. 
 
 Sect. 24. On receipt of his ballot the voter shall forthwith, 
 and without leaving the inclosed space, retire alone to one of the 
 voting shelves or compartments so provided, and shall prepare his 
 ballot by marking in the appropriate margin or place, a cross (X) 
 as follows : He may place such mark within the square above the 
 name of the party group or ticket, in which case he shall be 
 deemed to have voted for all the persons named in the group under 
 such party or designation. And if the voter shall desire to vote 
 for any person or persons, whose name or names are not printed 
 as candidates on the party group or ticket, he may erase any 
 name or names which are printed on the group or party ticket, and 
 under the name or names so erased he may fill in the name or 
 names of the candidates of his choice. Or if the voter places 
 
14 
 
 and sticks on and over the name or names of any candidate or 
 candidates for any office or offices, a small strip or strips of paper, 
 commonly known as a sticker or stickers, bearing thereon a name 
 or names other than the name or names of the candidate or candi- 
 dates so erased or covered up, the name or names of such 
 candidate or candidates so covered shall be considered to be 
 erased from the ballot, and the person or persons whose name or 
 names shall so appear on such strip or strips of paper so placed 
 and stuck on the ballot, shall be deemed to be voted for by the 
 voter as candidate or candidates for such office or offices. Or 
 if the voter does not desire to vote for a person or persons whose 
 name or names are printed upon the party group or ticket, he 
 may erase such name or names with the effect that the ballot 
 shall not be counted for the candidate or candidates whose names 
 are so erased. In case of a question submitted to the vote of the 
 people he shall place such mark in the appropriate margin above 
 the answer which he desires to give. Before leading the voting 
 shelf or compartment, the voter shall fold his ballot without 
 displaying the marks thereon, in the same way it was folded when 
 received by him, and he shall keep the same so folded until he 
 has voted. He shall vote in the manner provided by law before 
 leaving the enclosed space, and shall deposit his ballot in the box 
 with the official endorsement uppermost. He shall mark and 
 deposit his ballot without undue delay and shall quit said inclosed 
 space as soon as he has voted. No such voter shall be allowed 
 to occupy a voting shelf or compartment already occupied by 
 another, or to remain within said inclosed space more than ten 
 minutes, or to occupy a voting shelf or compartment for more 
 than five minutes in case all of such shelves or compartments are 
 in use, and other voters are waiting to occupy the same. No 
 voter not an election officer or an election clerk, whose name has 
 been checked on the list of the ballot clerks, shall be allowed to 
 re-enter said enclosed space, during said election. The presiding 
 election officer or officers, for the time being, shall secure the 
 observance of the provisions of this section. 
 
 Sect. 25. No person shall take or remove any ballot from the 
 polling place before the close of the polls. If any voter spoils a 
 ballot he may successively obtain others, one at a time, not ex- 
 ceeding three in all, upon returning each spoiled one. The ballots 
 thus returned shall be immediately canceled, and together with 
 
15 
 
 those not distributed to the voters, shall be preserved, and with 
 the check lists nsed, which shall be certified by the ballot clerks, 
 to be such, shall be secured, sealed and sent to the several city, 
 town and plantation clerks, and by them be preserved for six 
 months, as a public record. The ballots shall be sorted and 
 counted in open town or ward meeting in such manner as to 
 afford the electors ample opportunity to obsei've the sorting and 
 counting ; and when the ballots have been sorted and counted 
 and the result declared and recorded, all the ballots shall, in open 
 meeting, be sealed in a package which said package together 
 with the check lists sealed in the same manner as the ballots, 
 shall forthwith be returned to the city, town or plantation clerk, 
 to be preserved by him as a public record, for six months, and 
 any warden, ballot clerk, city or town clerk or other person who 
 shall abstract from or in any manner tamper with said packages, 
 or who shall in any manner abstract from or tamper with the 
 unused ballots, shall be punished by a fine not less than two 
 hundred nor more than one thousand dollars, or by imprisonment 
 for not less than ninety days nor more than two years. 
 
 Sect. 26. Any voter who shall declare to the presiding elec- 
 tion oflScer or oflScers that he cannot mark his ballot by reason 
 of physical disability, or from inability to read the same, shall 
 receive the assistance in the marking of his ballot, of two of the 
 election clerks ; such clerks shall not both represent one and the 
 same political party, and they shall certify on the outside of such 
 ballot that the same was marked by them, or by the voter with 
 their assistance, and thereafter shall give no information con- 
 cerning the same. The presiding election officer or officers may 
 require every voter, who applies for such assistance, to make 
 oath to his inability to mark his ballot, before such clerks shall 
 be directed to assist as aforesaid, and such officer or officers are 
 hereby qualified to administer such oath, and no clerk shall assist 
 or offer to assist any voter in marking his ballot until directed 
 so to do by the presiding election officer or officers. 
 
 Sect. 27. If a voter marks more names for any one office 
 than there are persons to be elected to such office, or if for any 
 reason it is impossible to determine the voter's choice for an 
 office to be filled, his ballot shall not be counted for such office. 
 No ballot without the official indorsement shall, except as herein 
 otherwise provided, be allowed to be deposited in the ballot box. 
 
i6 
 
 and none but ballots provided in accordance with the provisions 
 of this chapter shall be counted. Ballots not counted shall be 
 marked defective on the back thereof, and shall be preserved, as 
 required by section twenty-five. 
 
 Sect. 28. Meetings for the election of national, state, county 
 and municipal officers may be opened as early as six o'clock in 
 the forenoon, and in no case shall the polls be kept open later 
 than five o'clock in the afternoon, and a notice of the time of open- 
 ing and closing shall be given in the warrant calling the meeting. 
 
 Sect. 29. A voter who shall, except as herein otherwise pro- 
 vided, allow his ballot to be seen by any person with an apparent 
 intention of letting it be known how he is about to vote or who 
 shall make a false statement as to his inability to mark his ballot, 
 or any person who shall interfere, or attempt to interfere with 
 any voter when inside said inclosed space, or when marking his 
 ballot, or who shall endeavor to induce any voter before voting 
 to show how he marks or has marked his ballot, shall be pun- 
 ished by fine of not less than five, nor more than one hundred 
 dollars ; and election oflScers shall report any person so doing 
 to a police officer or constable, whose duty it shall be to see that 
 the offender is duly brought before the proper court. 
 
 Sect. 30. Any person who shall, prior to an election willfully 
 deface or destroy any list of candidates posted in accordance 
 with the provisions of this act, or who, during an election, stiall 
 willfully deface, tear down, remove or destroy any card of instruc- 
 tions or specimen ballot printed or posted for the instruction of 
 voters, or who shall, during an election, willfully remove or 
 destroy any of the supplies or conveniences furnished to enable 
 a voter to prepare his ballot, or shall willfully hinder the voting 
 of others, shall be punished by fine of not less than five nor 
 more than one hundred dollars. 
 
 Sect. 31. Any person who shall falsely make or willfully 
 deface or destroy any certificate of nomination or nomination 
 paper, or any part thereof or any letter of withdrawal ; or file 
 any certificate of nomination or nomination paper, or letter of 
 withdrawal, knowing the same or any part thereof to be falsely 
 made ; or suppress any certificate of nomination or nomination 
 paper, or any part thereof which has been duly filed ; or forge 
 or falsely make the official indorsement on any ballot ; or will- 
 fully destroy or deface any ballot, or willfully delay the delivery 
 
17 
 
 of any ballots or shall take or remove any ballot outside of the 
 inclosure provided for voting before the close of the polls, shall 
 be punished by fine not exceeding one thousand dollars or by 
 imprisonment in the jail not more than one year, or by both such 
 fine and imprisonment. 
 
 Sect. 32. Any public officer upon whom a duty is imposed 
 by sections one to twenty-eight, both inclusive, of this chapter, 
 who shall willfully neglect to perform such duty, or who shall 
 willfully perform it in such a way as to hinder the objects of this 
 act, shall be punished by a fine of not less than five, nor more 
 than one thousand dollars, or by imprisonment in jail for not 
 more than one year, or by both such fine and imprisonment. 
 
 Sect. 33. Any election or ballot clerk who shall assist, or 
 offer to assist any voter, before such clerk shall have been 
 directed by the presiding officer or officers to so assist such voter, 
 shall be punished by a fine of not leas than twenty-five, nor more 
 than one hundred dollars or by imprisonment not exceeding sixty 
 days for each offense, and thereafter shall be disqualified from 
 holding the office of election or ballot clerk. 
 
OPINION OF S. J. COURT. 
 
 PENOBSCOT COUNTY. 
 
 William F. Curran vs. William Z. Clayton. 
 
 Penobscot. Announced July 19, 1893. Opinion November 
 
 8, 1893. 
 
 Elections. Australian Ballot Law. Defective Ballots. Decision of 
 
 Board of Aldermen. — when reviewable. R. S., c. 4; Stats. 1880. 
 
 c. igj; i8gi, c. 102; i8gj, c 260. 
 
 The elective franchise must be exercised under such regulations and 
 restrictions as the legislature may deem reasonably necessary to maintain 
 order at elections, prevent intimidation, bribery and fraud, preserve the 
 purity of the ballot box and thus secure a genuine expression of public 
 sentiment. 
 
 Statutes designed to secure complete and inviolable secrecy of ballots cast 
 at public elections should be construed, under established rules with 
 reference to the mischief to be remedied and the object to be accomplished ; 
 and interpreted, if practicable, so as to promote and not destroy the 
 purpose of their enactments. 
 
 The enactment of the Stat, of 1891, c. 102, popularly known as the "Aus- 
 tralian Ballot Law," was designed to inaugurate an important departure 
 from the mode of voting which had existed in this State prior to its 
 passage. 
 
 Its distinguishing feature is its careful provision for a secret ballot 
 
 Under this statute giving the voter a clear opportunity to designate by a 
 cross mark (X) his choice of candidates, the place and method of marking 
 the ballot being regulated and defined in the statute, it was held thaX ballots 
 defectively and illegally marked as follows should be rejected : — 
 
 (1.) Whe're the cioss (X) was placed above the name of the candidate, 
 and not in the appropriate place at the right of it ; 
 
 (2.) Where there was a cross (X) above and also one beneath a 
 candidate's name, but none at the right of it ; 
 
 (3.) Where the cross (X) was placed at the left of the name of the 
 candidate ; 
 
'9 
 
 (4.) Where there was a cross (X) under the party name at the head 
 of the ticket and one at the left of the defendant's name on another party 
 ticket; 
 
 (6.) Where there was no cross (X) whatever, but a short, straight 
 line drawn across the square at the right of the party name at the head 
 of the ticket ; 
 
 (6.) Where there was a cross (X) in the square at the right of the 
 name of each candidate except that for Mayor, on one party ticket, and 
 a cross (X) in the square at the right of the party name on another ticket. 
 The board of aldermen in the city of Bangor re-examined the ballots cast 
 for alderman in ward seven, counted for defendant the six ballots above 
 described, and declaring that there was no choice, ordered a new election 
 to be held. The defendant securing a majority of the ballots then cast 
 claimed to hold the office by virtue of the second election; that the subject 
 matter was within the exclusive jurisdiction of the board of aldermen; 
 and that the ballots alleged to be defective and irregular were properly 
 counted • for him. The plaintiff thereupon began his proceeding in equity 
 under R. S., c. 4, and Stat, of 1893, c. 260, amendatory thereto, asking the 
 court to take jurisdiction of the matter, and require the defendant to 
 surrender the office to the plaintiff. Held; that the decision of the board 
 of aldermen is subject to review by this court; that the city charter is 
 to be construed as affording a cumulative or primary tribunal only, and 
 not an exclusive one ; that it does not preclude a contestant from resorting 
 to the court for a revision of a question of law; and that the decision 
 of the board of aldermen involved the determination of a question of 
 law and not an issue of fact, or a matter of discretion. 
 
Francis Keefe, Petitioner for Mandamus 
 
 vs. 
 
 Frank E. Donnell. 
 
 York. Opinion November 26, 1898. 
 
 Elections. Ballots and Inspection. Town Clerk Mandamus. Stat. iSgr., 
 
 c. I02, s. 25; J8g3, c. 267; R. S. c. 102 s. 16. 
 
 Emery J. By Act of 1891, c. 102, s. 25, as amended by Act of 1893, c. 267, 
 being "An Act to provide for the printing and distributing ballots at the 
 public expense, and to regulate roting for State and City elections" it 
 is provided that after the election is over "when the ballots have been 
 sorted and counted and the result declared and recorded, all the ballots 
 shall in open meeting be sealed in a package which said package, together 
 with the check lists sealed in the same manner as the ballots, shall be 
 forthwith delivered to the city, town or plantation clerk to be preserved 
 by him as a public record for six months." The clerk and all other persons 
 are forbidden to "abstract from or in any manner to tamper with" said 
 package. 
 
 At the State election of 1898 the petitioner's name was on the official ballots 
 in the town of Kittery as a candidate for representative to the legislature. 
 According to "the result declared and recorded" he failed of an election^ 
 but he believed that if the ballots had been properly sorted and counted 
 he would ^appear to be elected. He desires to^inspect the ballots used in 
 that election and which were sealed in a package and returned to the town 
 clerk of Kittery, and are now in his office still sealed up in that package, 
 the six months not having expired. Has he any legal right to inspect them? 
 It is argued that he can only inspect the exterior of the package, that 
 it is the package sealed and to be kept sealed, and not its, contents, which 
 is to be "preserved by the clerkas a public record." Such a construction 
 would leave the statutes without meaning or purpose. 
 
 The only use suggested in the argument for packages which are to be kept 
 sealed is'that they can be taken 'into the courts or legislature and there 
 unsealed and sealed again. There is, however, no suggestion in the 
 Act that the packages are to be taken from the clerk's office, or that 
 an inspection of their'contents can be had only by the court or legislature. 
 
 The contents of the^ packages, the ballots, are the concern of the statutes. 
 Its]^ language must be applied to them. They are to be preserved. They 
 are to be "the public record," and their place is in the custody of the town 
 clerk. A record, however, is not public unless it can be inspected by any 
 person interested in what it shows. 
 
21 
 
 It is again urged that the clerk is forbidden to "in any manner tamper with" 
 the package. Taken by itself this language might indicate that the clerk 
 could not open the package, though the word "tamper" in a criminal statute 
 at least, has die limited meaning of improper interference ''as for the 
 purpose of alteration; and to make objectionable or unauthorized changes." 
 (Cent. Dist.) Taken in connection with the language of the statutes 
 declaring the packages (in their contents) to be public records, it is 
 evident that the clerk is not forbidden to open the packages to enable 
 interested persons to inspect the ballots. 
 
 We think the petitioner has a legal right to inspect the ballots, a right which 
 the town clerk must accord him, and that the mandamiis must be made 
 peremptory. It does not follow, howerer, that the petitioner or any one 
 in his behalf can sort or count, or in any way handle or even touch the 
 ballots. He can inspect them and they must be exposed to his inspection, 
 but they are all the while in the custody of the clerk and he is responsible 
 for them. The inspection must be in his presence, and he can make and 
 insist on such regulations or restrictions consistent with the right of 
 inspection, as will secure every ballot like any other record from loss, 
 impairment or change in any respect. The clerk can afterwards re-seal 
 the package for greater security until inspection is again required by some 
 person interested. 
 
22 
 
 TO THE COMMITTEES OF ALL PARTIES. 
 
 To meet the requirements of the law, considering the terri- 
 torial limits of the State and the number of towns not too speedily 
 reachable from Augusta, as mails and expresses run, all nom- 
 inating conventions should be held early enough to admit of the 
 the reception, at this oflBce of all nomination certificates on or 
 before the tenth day of August for the State election and the 
 tenth day of October for the Presidential election. 
 
 Thirty days is none too much time in which to do the necessary 
 work and insure reaching every voting precinct in Maine ; to do 
 which in many instances will require the shipment of ballots to 
 begin at least five and perhaps seven days before the day of 
 election. 
 
 Therefore, I respectfully urge that all county conventions be 
 held as early as July 20th and all class district conventions as 
 early as August Ist. 
 
 BYRON BOYD, 
 
 ^Secretary of State. 
 Augusta, March 1, 1904. 
 
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