ELECTIONS-IMPROPER MARKING OF BALLOTS

Authors

Abstract

The Australian ballot acts which have generally been adopted in this country were intended to bring about the twofold result of secrecy in voting and facility in the exercise of the franchise, and perhaps the most important provisions, having this object in view, are those regulating the marking of ballot papers by the voters. Unfortunately, however, the decisions on the question of what constitutes a valid voting mark are irreconcilably at variance. The conflict between decisions in different states might be explained by the fact that dissimilar statutes were being construed; but too often the courts have overruled their own previous decisions, and, to make matters worse, the rulings in many cases are self-contradictory and inconsistent. An excellent opportunity to clarify the law, lay down the governing principles, and make a uniform application was afforded the court in In re Opinion of the Justices (Me. 1924) 126 Atl. 354. It remains to be seen whether this opinion has helped or hindered in the solution of the problem.

Recommended Citation

ELECTIONS-IMPROPER MARKING OF BALLOTS, 23 Mich. L. Rev. 522 (1925).
Available at: https://repository.law.umich.edu/mlr/vol23/iss5/8