Australian ballot

“ The use of the term “Australian ballot” in the United States is very misleading, because we have not only departed from the South Australian statute, but have enacted ununiform ballot laws in the respective states. Eliminating minor differences, three types of the ballot have developed in the United States: the office-group, the party-column, and the separate-party ballots. ”

“ Practically every reform statute has had to run the gantlet of constitutional objections, and the Australian ballot is no exception to this rule; for every important section of this act has been attacked in the courts as being unconstitutional. The state constitutions at the time of the introduction of the Australian ballot commonly had three provisions relating to the conduct of elections: that “elections should be free and equal,” that all votes should be by ballot, [1] and that a definition be given of the qualifications of electors. ”

“ There have been a number of objections to the manner of voting provided by the Australian-ballot laws of the several states. The most important of these are: Is it within the power of the legislature to grant or deny assistance to electors in marking their ballots? Are the devices for voting a straight ticket by a single mark valid? Can the legislature limit the choice of the electors to the candidates whose names are printed on the ballot? ”

“ Every state which has adopted the Australian ballot requires the exclusive use of the official ballot in public elections. Although Governor Hill demanded strenuously the equal right of private organizations to furnish ballots, the use of ballots furnished only by the state is seldom disputed. It is accepted also, practically without question, that the ballots shall be distributed only by sworn clerks stationed within the polling-place on the day of election, and that no ballots shall be taken from the room before the closing of the polls. ”

“ The movement for reform, which reaped its first fruits of victory in Louisville and Massachusetts, received great impetus by the unprecedented use of money in the election of 1888. The effect is easily seen in the record of legislation of the next four years. In 1889 seven states enacted reform laws based on the Australian ballot. [1] In the legislative sessions of the following year five states and one territory placed this law on their statute books. [2] Before the presidential election in 1892 thirty-two states and two territories had provided for the Australian ballot ”

“ Well! the Australian ballot has been adopted more or less completely in the majority of the states; and it has undoubtedly made open electoral corruption more difficult and less common than it once was. But it has not diminished the personal and partisan allegiance on which the power of the local "Boss" is based; and it has done the professional politician as little serious harm as have the civil service laws. Neither can it be considered an ideal method of balloting for the citizens of a free democracy. ”

“ Instead of distributing the ballots in advance of the election, or by ticket peddlers at each polling-place on the day of election, as under the unofficial ballot system, the Australian ballots are distributed only within the polling-place to electors who have proved their qualifications. ”

“ Although the circle and emblem are popular with the party bosses, because they insure a large party vote, they are detrimental to the best public interest.
There is no doubt, however, that our ballot is too long and unwieldy. There are so many officers to be elected that even the most conscientious electors cannot possibly know the merits of all the men, and the average voter knows very few of those for whom he votes. The result is that the citizen votes only for the men he knows, or else he blindly votes for the party slate. ”

“ The only persons who can have an interest in elections as they are, are the leaders and managers, whose power depends upon their successes in manipulating the ballot so that the suffrage will express, not the will of the people, but the success of their schemes. ”

“ The Australian ballot enabled the honest citizen to vote in secrecy and safety, but it failed to touch the fact that the nominations were still outside the law. "To find the honest men," Bryce wrote, "and having found them, to put them in office and keep them there, is the great problem of American politics." So long as a boss could direct the nomination he could tolerate an honest election. The movement to legalize the party primaries was just beginning when the ballot reform was accomplished. ”

“ Fifthly, the slight advantage to the candidate whose name appears first practically makes no difference when the public has an opinion to express. Sixthly, the office-group form does away with the difficulty of ascertaining the voter’s intention. Since the ballot has no party circle, and as only the names marked can be credited with votes, the election officers can make no mistakes. ”

“ The last resort of a corrupt machine to stave off defeat is in the counting of the votes. The result of the election may be entirely changed by declaring opposition votes to be void because of some alleged defect in the ballot, or by a deliberate miscounting of the total votes for the respective candidates. The laws compelling election boards to be bipartisan has failed to prevent this last abuse. It is of course obvious that the selection of honest officials is an essential of the Australian system or any other system for that matter. ”

“ The Social-Democratic party, which is represented by fourteen members in the legislature, are greatly opposed to this form of ballot. This organization believes in working strictly through party lines, in making a program and remaining true to it regardless of individuals. To remove the circle from the ballot would be striking at the very fundamentals of this party. The tide has always been turned against an Australian ballot bill by the Socialist vote and proposed bills for non-partisan elections in cities have suffered like defeat. ”

“ The states which required separate ballots for different offices had as many combinations as the particular legislature thought desirable, and it is almost impossible to discover any common principle guiding their actions. Six states required officers voted for by all the electors of the commonwealth to be elected on a separate ticket. Five states required separate ballots for presidential electors. Seven states placed candidates for Congress on a distinct ticket. Other offices placed on a separate ballot were: judicial, in four states ”

“ As it was shown in discussing the form of the ballot, [36] a number of states have placed party circles or squares upon the ballot, and an elector can vote for all the candidates of a party by making a single cross (X) , while another elector wishing to “split” his ticket may have to mark each candidate separately. Is this an unreasonable discrimination between voters? Upon this point the authorities are equally divided. ”

“ Those in favor of helping the ignorant elector declare, first, that he has as much interest in voicing his needs by means of the ballot as the educated, and to deny him assistance is to disfranchise him; secondly, that if he votes without assistance, he has to do so in a haphazard way and may vote for the wrong candidates; thirdly, that there is little danger of corruption, as the election officers are bound to secrecy. ”

“ In close elections there is an endless dispute as to whether the disputed ballots do or do not comply with the law. The election contest and recount expenses frequently exceed the cost of holding the election, and the title of the candidates to the office is frequently held in abeyance by a protracted contest until after the term of office has expired. A number of ways have been devised for marking the Australian ballot for identification without destroying its legality. ”

“ Ballot-box stuffing is the practice of putting in the box ballots which have no right to be there. With the Australian ballot the practice is very infrequent. Ballot-switching is the placing of marks on the ballots, surreptitiously, while the ballots are being counted. ”

“ Connected with the question of what constitutes a valid indication of an elector’s intention is the question of what is a distinguishing mark, which is everywhere prohibited by statute. It is impossible to state any rule applicable to all cases. “The intent of the voter must be determined by an inspection of the ballot, and upon whether there is any mark thereon by which it may be identified, irrespective of any conjectures as to the purpose or circumstances under which the mark was made.” ”

“ In the virtual establishment of manhood suffrage many classes were included who had not developed to such a degree that they could be intrusted with the ballot. The population, which had been rural, was modified by the growth of a large urban class. These great political and industrial changes put a heavy strain on our election machinery. ”

“ This was early pointed out by Justice Baldwin in delivering the opinion of the court in McKune v. Wheeler. [4] “All the efficacy given to the act of casting a ballot is derived from the law-making power, and through legal enactments; and indeed, the Legislature must provide for and regulate the conduct of elections or there can be none.” The legislature can accordingly enact laws to make the elective franchise effective, but all regulations so made must be reasonable, uniform, and impartial, and must not subvert or injuriously restrain the right. ”

“ They are to be debarred from the interest of personal contest by the ballot and other means,—but are nevertheless to be constant in voting. The ballot, and the other means, are successful for the required ends,—but the people are indifferent as to the results. It is the boast of Australian politicians that the elections are quiet. ”

“ Almost every mark which a voter could make or neglect to make has been discussed in the state courts. Although the statutes regulating the manner in which a voter shall indicate his choice are held mandatory, yet through all the decisions is the theory that a voter should not be disfranchised if he has made an honest effort to comply with the requisites of the law. ”

“ While the statutes provide that certain instruments shall be used in marking the ballot, these provisions are held to be merely directory. But the law can be worded in such a way that the courts must regard it as mandatory, in which case the elector must mark his ballot in the manner pointed out by the act. [83] The voter may not use a paster containing the names of his candidates unless the statute so provides. ”

“ A fourth defect of the old régime was its failure to supply any adequate method of acquainting the public with the names of the men they would be called upon to vote for sufficiently in advance of the election to secure an examination into their qualifications. Nominations of corrupt or inefficient men were many times made too late for a public exposure, so the electorate went to the polls relying only on the honesty of their party, which many times betrayed them. ”

“ No man may vote in any election who has not by the 1st of February next preceding that election paid all poll taxes due from him to the state. In 1902 nine-tenths of the negroes in the state were disqualified from voting. [3] The constitution of 1901 (like that of 1867) and special statutes require separate schools for white and negro children. A “Jim Crow” law was enacted in 1891. Buying, selling or offering to buy or sell a vote has for penalty disfranchisement, and since 1891 the Australian ballot system has been used. ”

“ If any person who shall have, or claim to have, any right to vote in any election of a Member of the Legislative Council or House of Assembly for any Electoral District shall, directly, or indirectly ask, receive, or take any money or other reward by way of gift, employment, or other reward whatsoever, for himself or for any of his family or kindred, to give his vote or to abstain from giving his vote in any such election ”

“ Secondly, the less educated do not stay away from the polls; the percentage of registered electors voting in the less educated wards is higher than in the more educated wards. Thirdly, the office-group plan is more favorable to independent voting, because it is as easy to vote independently as to vote straight. The Massachusetts form compels some consideration of each candidate, and in those states where the office-group type prevails, independent voting is high. [22] Fourthly, there is a falling off from the head of the ticket through fatigue, but this is not universally true. ”