tion shall constitute a choice, where not otherwise directed in the Constitution.1 When there is no majority for any person for governor, the Legislature in joint session elects him. But only one of the two having the highest votes. So, only, in case of a tie. So, when there is none for lieutenant-governor. Or for the council. And in the case of State senators, when no candidate has received a majority." So, for secretary, treasurer, or attorney-general. Or for treasurer. For secretary of State or comptroller. 10 For vacancies in office, see § 201. 8 9 § 233. Australian Ballot. - Ballots must be uniform, with the names of all candidates and the offices to be filled in due order, and have no distinguishing mark or symbol; but any voter may erase any name and insert another." So elections are by "secret official ballot" marked by each voter in private." At all elections by the people, except primaries and municipal elections in small towns which are not held at the same time as a general election, there must be an official ballot which may have a separate device by which the political party or the candidate may be indicated; and the voter may vote for such device at the head of the list thereby voting for the entire ticket, or he may vote for each of the candidates in turn by marking him specially by his name. Ballots must be prepared in secrecy at the polls, and the names of independent candidates may be printed with a device; and names of candidates may be written on the ballot. 13 In other States similar provisions are made by statute. Cumulative Voting exists by the Constitution of Illinois (each district voting for three representatives) each voter may cast as many votes for each candidate as there are State representatives to be elected, or may distribute his votes, or equal parts thereof, among the candidates as he sees fit." 14 $234. Election Day, by the Constitutions of the States (or statutes in some States and the Territories) comes as follows: In nearly all States, on the first Tuesday after the first Monday in 3 November, biennially; in the even years;1 in the odd years. In a few other States it is biennially in the even years but on different days; thus, in Maine on the second Monday in September; in Oregon on the first Monday in June; in Vermont on the first Tuesday in September; 5 in Arkansas on the first Monday in September; in Georgia on the first Wednesday in October; and in Colorado (now changed by statute) on the first Tuesday in October." 8 4 In other States, the election is held annually on the first Tuesday after the first Monday in November. In a few of the southern States, the elections and terms of office have recently been made quadrennial; thus, in Louisiana, every four years on the Tuesday after the third Monday in April (next in 1908); in Alabama and Mississippi, every four years on the first Tuesday after the first Monday in November (beginning in Mississippi with 1895 and in Alabama with 1902); and see also § 203.10 But the Legislature, in some States, may fix a different day."1 § 235. Conduct of Elections. - The Constitutions of many States provide that the right of suffrage shall be protected by laws regulating elections and prohibiting all undue influences from power, bribery, tumult, or improper conduct.12 Or, that the Legislature may enact laws concerning the judges, time, place, and manner of elections; 13 that the Legislature shall forbid the sale of intoxicating liquors near the polls.1 The Legislature shall provide by law against fraudulent voting, etc. 15 In four States, the election officers are sworn not to disclose how any person shall have voted, except in judicial 1 Ariz.* 1129; Cal. 4, 3; Ct. Amt. 27, 1; Del. 5, 1; Schedule, 7; Fla. 3,3; 1889, p. 314; 1895, p. 367; Ida. Pol. C.* 770; Ill. 4, 3 and 5, 3; Io. Amt. 1(1882, No. 12); 1904, p. 207; Kan. 1905, 543; Mich. 4, 34; Minn. 7, 9, Amt. 1883; Mo. 8, 1; Mon.* 1150; N. C. 2, 27; Code, 2668*; N. D. 124; Nev. 4, 3; 15, 5; N. H. 26, 40 ("biennially in November"); N. M.* 1588; O. 1904, p. 640; Okla.* 2906; S. C. 3, 8; S. D. 7, 4; Tenn. 2, 7; Tex.* 1659; Utah 6, 3; 4, 9; Wash. 2, 5; 6, 8; W. Va. Amt. 1884; Wis. 13, 1; Wy. 3, 5; 6, 12 (5). Ark. 3, 8; Jan. 23, 1875, § 1. 7 Col. 5, 2; 7, 7; Ga. 3, 4, 2. Col.* 1575; Del. 4, 1; Ind. 2, 14; Kan. 4, 2; Ky. 148; Mass. Amt. 15; Neb. 16, 13; N. J. 4, 1, 3; N. Y. 3, 9; Pa. 8, 2; R. I. Amt. 11 (1890, p. 146); Va.* 109. But note that the terms of office may be biennial; see §§ 201, 202. La. 206. 10 Ala. 46; Miss. 102, 140, 252. 12 Ala. 33 and 191; Cal. 20, 11; Ct. 6, 6; Fla. 3, 26; Ky. 150; Nev. 4, 27; Ore. 2, 8; S. C. 1, 9; Tex. 16, 2; Va. 2 Ky. 30 & 95; Md. 3, 7; 15, 7; 36; W. Va. 4, 11; Wy. 6, 12 (1). Miss. 102, 252; Va. 41, 42. 3 Me. 2, 4; Amt. 23. 4 Ore. 2, 14. 5 Vt. 2, 8; Amt. 24, 1. 13 Md. 3, 49. 14 Ala. 191; Ga. 2, 5, 1; Ky. 154; La. 205. 15 S. C. 2, 5. 1 5 proceedings. So, in one, a voter may vote by sealed ballot if he so choose. All boards, etc., must be bi-partisan. Election managers shall require proof of the payment of taxes, etc. All employers must allow employees four hours in which to vote, between 6 A. M. and 7 P. M. No corporation organized or doing business in this State shall be permitted to influence elections or official duty by contributions of money or anything of value." 10 $236. Registration. - The Constitutions of some States have a general provision that there shall be laws to preserve the purity of elections, prevent fraud, and guard against the abuse of the elective franchise. And in many, provision for registration of voters is especially made. Permanent lists are kept, and a certificate given to the voter. A person denied registration may appeal to the courts. But in one, the Constitution expressly forbids registration laws.11 And in one, no elector shall be deprived of his vote by reason of his name not being registered.12 And in one, the Legislature shall establish no board or court of registration of voters.13 Registration must be four months before the election; " so, ten days. 15 14 $237. Freedom from Arrest.—In most States, the Constitution provides that electors shall be free from arrest while attending, going to, or returning from the polls, except for treason, felony, or breach of the peace.16 So, in some, on any civil process." They are not liable to arrest on civil process during election day.18 Nor are they required to attend court on that day, either as party or witness. 1o 1 Ark. 3, 3; Col. 7. 8; Mo. 8, 3; registration in cities and towns); Wy. Pa. 8. 4. 2 W. Va. 4, 2. See § 231. 3 N. Y. 2, 6. S. C. 2, 4. See § 244. Ky. 148. Okla. 9, 40. 7 Col. 7, 11; Fla. 6, 9; Kan. 5, 4, Ky. 150; Md. 3, 42; Mich. 7, 6; Mon. 9, 9; Nev. 2, 6; N. Y. 2, 4; Okla. 3, 6; Pa. 1901, p. 881; R. I. 2, 6; Tenn. 4, 1; Tex. 6, 4; W. Va. 4, 11. Ala. 186; Del. 5. 4; Fla. 6, 2; Ga. 2, 2, 1 (such provision may be made by the Legislature); Ind. 2, 2 and 14; Ky. 147; La. 197, 214; Md. 1, 5; Mo. 8, 5; N. C. 6, 3; Amt. 1900, 2; Nev.; N. Y.; Okla. 3, 6; R. I. Amt. 7; Pa. 1901, p. 881; S. C. 2, 4 & 8; Va. 18, 19, 20, 25; Wash. 6, 7; Wis. 3, 1; Amt. (the Legislature must provide for 6, 12. 9 S. C. 10 La. 201; S. C. 2, 5. 11 Ark. 3, 2. 12 W. Va. 4, 12. 13 W. Va. 6, 43. 15 N. Y. 16 Ala. 191; Ariz.* Bill of Rts. 24; Ark. 3, 4; Cal. 2, 2; Col. 7, 5; Del. 5, 5; Ga. 2, 3, 1; Ill. 7, 3; Ind. 2, 12; Io. 2, 2; Kan. 5, 7; Ky. 149; La. 204; Me. 2, 2; Mich. 7, 3; Miss. 102; Mo. 8, 4; Mon. 9, 4; N. D. 123; Neb. 7, 5; O. 5, 3; Okla. 3, 7; Ore. 2, 13; Pa. 8, 5; S. C. 2, 14; S. D. 7, 5; Tenn. 4, 3; Tex. 6, 5; Utah 4, 3; Wash. 6. 5; Wy. 6, 3. 17 Ct. 6, 8; Va. 29; W. Va. 4, 3. And they are not obliged to perform military duty on election day, except in time of war or public danger.1 5 § 238. Contested Elections are, by the Constitutions of many States, to be tried in a manner to be provided by law. In many others, they are to be tried by the Legislature in joint session. So, in several others, by the Legislature in the manner of law provided.* In two States, by a committee of both houses. In one, by the house alone. In others, by the courts of law. But in most of the States, the elections of members of each house of the Legislature are to be determined by such house. In the trial of contested elections, and proceedings for investigating them, no person can refuse to testify on the ground that it will criminate him; but such testimony shall not afterwards be used against him except in proceedings for perjury." 8 ARTICLE 24. THE RIGHT OF SUFFRAGE $ 240. Citizens.10 - The right of suffrage (subject to the other conditions in this article) is, by the Constitutions (or statutes) of all Cal. 2, 3; Ill.; Io. 2, 3; Me. 2, 3; the Legislature only (Io., Ky., Pa.). Mich. 7, 4; Mon. 9, 5; N. D.; Neb.; Ore.; S. D.; Utah 4, 4; Va.; Wash.; W. Va.; Wy. 8, 4. 2 Ark. 19, 24; Col. 7, 12; Ct. 4, 2; Ida. 4, 2; Io. 3, 7; Ky. 38; La. 209; Mon. 7, 2; N. J. 5, 2; O. 2, 21; Tex. 3, 8; W. Va. 4, 11; Wash. 3, 4. 3 Ark. 6, 4; Col. 4, 3; Mass. 2, 2, 1, 3; Me. 5, 1, 3; Mo. 5, 25; N. C. 3, 3; N. H. 2, 41; R. I. 8, 7; Tex. 4, 3; Va. 4, 2; Vt. Amt. 9; W. Va. 7, 3. See also $270. Ala. 115; Ga. 5, 1, 6; Ill. Ind. 5, 6; Io. 4, 5; Ky. 90; Neb. 5, 4; Ore. 5, 6; Tenn. 3, 2. 5 Del. 3, 4; Pa. 4, 2. 6 Md. 2, 4. 5, 4; In others, for the governor or lieutenant-governor only (Del., Ind., Io., Ky., Md., Miss., Mo., Ore., Tenn., Tex., Va., W. Va.). But in some States these provisions do not apply to contested elections for the governor (Mo., Pa.), or it only applies to elections of executive officers other than governor, &c. (Mo.). 8, 10. Ark. 3, 9; Col. 7, 9; La. 216; Pa. 10 In order to give a complete presentation of the subject in this article, the statute provisions of a few States which have no constitutional provisions on the subject are also incorporated. In England all free men voted 7 Ariz.* 1384; Mo. 8, 9; N. M.* until 1429. The right to vote even for 1874, 29; Pa. 8, 17; Wy. 6. 2. presidential electors and members of the N. H. 2, 21 and 34; N. M.* 63, House is determined by the laws of the 59. For other States, see § 270. In States, save only that any one who can some States the above provision applies vote for the lower House of the State to the contested elections of the gov- Legislature must be allowed to vote ernor or other executive officers only for members of Congress (U. S. C. 1, 2, (Ala., Ark., Col., Ct., Del., Ill., Mass., 1); therefore it will of course vary in Me., N. C., Nev., N. H., N. J., R. I., the different States of the Union. But Tex., Vt.). In others, for members of by the Fourteenth Amendment any the States, given to every male (or female, see below) citizen of the United States aged twenty-one.' But he must also be a citizen of the State. So, of any person naturalized; but he must have been a United States citizen ninety days before the election,3 or one month before. And in many States, also to every male of foreign birth, aged twenty-one, who has declared his intention to become a citizen according to the United States naturalization laws, at least thirty days before the election; at least one year, and not more than five years, before; at least four months before; or one year, and not more than six, respectively." 7 6 8 In other States, to every male citizen or inhabitant of the State aged twenty-one.10 He must have been a citizen ninety days." 11 Since the Fourteenth Amendment this provision is of course neutralized; See note 10. Indians, aged twenty-one, if civilized, and not a member of any tribe, can vote.12 So, in Michigan, if born in the United States. In person naturalized in the United States becomes a citizen both of the United States and of the State wherein he resides; therefore the State may not withhold the right to vote except as it may be withheld from other citizens in the State; and never by reason of race, color, or previous condition of servitude (U. S. C. Amts. 14, 1; 15, 1). It would seem, however, that foreigners newly naturalized may be subjected to the same term of residence in the State before being allowed to vote as are required of citizens coming from other States. All limitations of the right of suffrage are indirectly forbidden by the Federal Constitution (Amt. 14, 2). That is to say, the representation of the State in Congress is reduced in proportion to the number of male inhabitants whose right of suffrage is denied or abridged except for participation in rebellion or for other crime. The educational tests, therefore, imposed especially by the newer Constitutions, would seem to be ground of diminishing the representation in Congress of the States adopting them; but this has not yet been done. The right of suffrage is not, however, a natural right, but one of political expediency; hence women, although citizens, do not necessarily vote. Ala. 177; Ariz.* 1347; Ark. 3, 1; 1891, p. 314; Cal. 2, 1; 1893, p. 543; Col. 7, 1; Ct. Amt. 8; D. C.* 98; Fla. 6, 1; Ga. 2, 1, 2; Ida. 6, 2; Ill. 7, 1; Ind. 2, 2; Io. 2, 1; Kan. 5, 1; Ky. 145; La. 197; Md. 1, 1; Me. 2, 1; Mich. Amt. 1893, p. 438; Minn. 7, 1; Amt. 1895, 3; Miss. 241; Mo. 8, 2; Mon. 9, 2; N. C. 6, 1; N. D. 121; Neb. 7, 1; Nev. 2, 1; N. J. 2, 1; N. M.* 1868, 26, 2; O. 5, 1; Okla. 3, 1; Ore. 2, 2; R. I. 2, 1; Amt. 7; S. C. 2, 3; S. D. 7, 1; Tenn. 4, 1; Territories, U. S. R. S. 1859, 1860; Tex. 6, 2; Utah 4, & 5; Va. 18; Wash. 6, 1; Wis. 3, 1; Amt.; Wy. 6, 2 & 5. 2 2 La., S. C. Ariz.* 1412; Ark.; Ind.; Kan.; Mo.; Ore.; S. D.; Terr.; Tex.; Wis. • Neb. 7 Mo. 8 Col. |