Page:A History of the Australian Ballot System in the United States.djvu/15

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AUSTRALIAN BALLOT IN THE UNITED STATES

the affirmative, the ballot was deposited in the box provided for that purpose. In case such elector brought no ticket he could give verbally the names of the candidates of his choice.

Elections in Delaware were conducted practically the same as in Pennsylvania. In the concessions and agreements granted by the proprietors of West Jersey in 1676–77, provision was made for the use of “balloting trunks.”[1] The surrender of this colony to the crown in 1701 caused the English system of viva voce voting or voting by the show of hands to be introduced. This latter method was also used at elections in the royal colony of New York. In the constitution of New York of 1777[2] authority was given the legislature to provide for the election of representatives, senators, and governor by the ballot; and if this method was found inconvenient or mischievous, the legislature by a two-thirds vote could return to the viva voce system.[3] The legislature at first provided only for the election of the governor and lieutenant-governor by the ballot; but in 1787 this was also extended to the members of the legislature.[4] Later, town officers were directed to be chosen by ballot.[5] New Jersey, by statute, in 1794 provided for the election of members of the legislative council, General Assembly, and sheriffs, and coroners of counties by the ballot.[6]

When they were presented for voting the ballots used in these states were generally required to be folded so as to conceal the writing thereon. Delaware specifically prohibited any examination of the ballot at the time it was presented for voting, except to determine whether it was single.[7] The use of the printed ballot came earlier in this group than in the New England states. Its use was authorized in Pennsylvania in 1799,[8] in Delaware in 1811,[9] in New Jersey in 1820,[10] and in New York in 1822.[11]

3. THE SOUTHERN STATES

During the colonial period both the viva voce system of voting and the ballot were known in the South. Before the Revolution, in Virginia, Maryland, and Georgia the English method was adopted,[12] while in

  1. McKinley, Suffrage Franchise, p. 245.
  2. Bishop, History of Elections, p. 156.
  3. New York Constitution, 1777, secs. 6, 17.
  4. Poore, Charters and Constitutions, II, p. 1333.
  5. New York Laws, 1809, ch. 157, sec. 8.
  6. New Jersey R.S., 1821, p. 273.
  7. Delaware R.S., 1829, p. 177.
  8. Pennsylvania Laws, 1700–1810, III, 345–46.
  9. Delaware Laws, 1806–13, p. 429.
  10. New Jersey R.S., 1821, p. 744.
  11. New York Laws, 1822, ch. 250, sec. 7.
  12. Bishop, History of Elections in the American Colonies, p. 156