Page:A History of the Australian Ballot System in the United States.djvu/45

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34
AUSTRALIAN BALLOT IN THE UNITED STATES

secure an injunction against the acceptance for filing of an invalid certificate, just as errors in the printing of the ballot or the description of the candidates may be corrected by order of a court of competent jurisdiction.[1]

3. PROVISIONS FOR PUBLICITY AND INSTRUCTION OF VOTERS

Not only are all certificates of nomination open to public inspection under proper regulations,[2] but the state advertises the name of every candidate which is to appear upon the ballot. The Wisconsin law of 1889 is typical of the more complete acts.[3] This statute provided that the county clerk, at least seven days prior to the day of election, should publish the names of all candidates nominated to public office in the form, order, and arrangement of the ballot to be used on the day of election. The notice was to be inserted in not less than two nor more than four newspapers, if there were so many in the county. One of such newspapers was to represent the political party casting the largest number of votes, and one was to represent the political party casting the next largest number. Publication was to be daily, if there were daily newspapers; otherwise one publication was sufficient. Printed lists containing the name, residence, business, and political designation of each candidate were also posted in a conspicuous place in each ward.

The officers printing the ballots are also charged with the preparation of specimen ballots, which are facsimiles of the official ballots except that they lack the official indorsement and are printed on paper of a different color. They are posted about the polling-place and are usually obtainable by the voters. To enable the elector to indicate correctly his choice of candidates and measures, cards of instruction are always prepared and posted in the voting-booths and about the polling-place. These cards contain instruction on how to obtain ballots; the manner of preparing them; obtaining new ballots in place of those accidentally spoiled; obtaining assistance in marking the ballot; and usually there are appended certain penal sections of the law relating to the conduct of voters.[4]

These provisions are an advance over the unofficial ballot. It places, as far as possible, all candidates on an equality by advertising each man. It also serves notice on the electorate that these are the candidates they will be called upon to select from, and instructs them in the preparation of their ballot.

  1. State v. Elliott, 17 Washington 18; State v. Ramsey Ca., Dist.Ct., 74 Minnesota 177.
  2. Massachusetts Acts and Resolves, 1888, ch. 436.
  3. Wisconsin, 1889, ch. 248.
  4. See, for example, Iowa Laws, 1892, ch. 33, or Kansas Laws, 1893, ch. 78.