Chapter VII
Elections.
§1. For the convenient exercise of political power, as well as for the purposes of government generally, the territory of a state is divided into districts of small extent. It has been remarked, that the people of a state, being too numerous to meet in one assembly to make laws and transact the public business, elect a small number to represent them. But to elect these representatives and other officers, and to adopt the constitution, or fundamental law of the state, are political duties, which must be performed by the people in person, and in a _collective_ capacity. Hence the necessity of small territorial divisions, in which the people may assemble for political purposes.
§2. A state is divided into counties, and these are divided into towns or townships. The people of every county and every town have power to manage their local concerns. The corporate powers of counties and towns, and the election and the powers and duties of county and town officers, will be given in subsequent chapters.
§3. The electors of the state meet every year in their respective towns for the election of officers. Meetings for electing town officers are, in a majority of the states, held in the earlier part of the year. Most officers elected by the people, other than town officers, are chosen at the general state election, which, in most of the states, is held in October or November.
§4. Elections are conducted by persons designated by law, or chosen by the electors of the town for that purpose. It is their duty to preserve order, and to see that the business is properly done. They are usually called _judges of elections_, or _inspectors of elections_. Persons also, (usually two,) serve as clerks. Each clerk keeps a list of the names of the persons voting, which is called a _poll-list. Poll_, which is said to be a Saxon word, signifies _head_, and has come to mean person. Thus, so much a head means so much for every _person_ By a further change it has been made to signify an election, because the persons there voting are numbered. Hence, "going to the polls" has obtained the same meaning as going to an election.
§5. When the inspectors are ready to receive votes, one of them makes it known by proclaiming with a loud voice, that "the polls are now open." The inspectors receive from each voter a ballot, which is a piece of paper containing the names of the persons voted for, and the title of the office to which each of them is to be elected. _Ballot_, from the French, means a little ball, and is used in voting. Ballots are of different colors; those of one color signifying an affirmative vote, or _yes_; those of another color a negative vote, or _no_. From this has come the application of the word ballot to the written or printed ticket now used in voting.
§6. If no objection is made to an elector's voting, the ballot is put into the box, and the clerks enter his name on the poll-list. If the inspectors suspect that a person offering to vote is not a qualified elector, they may question him upon his oath in respect to his qualifications as to age, the term of his residence in the state and county, and citizenship. Any bystander also may question his right to vote. This is called _challenging_. A person thus challenged is not allowed to vote until the challenge is withdrawn, or his qualifications are either proved by the testimony of other persons, or sworn to by himself.
§7. In a few states, the voters are registered. A list is kept of the names of all who have, upon examination, been ascertained to be qualified electors; and those only whose names are on the register are allowed to vote. Thus many interruptions to voting by the examination of voters at the polls, and much illegal voting, are prevented. Voters in some states are also required to take what is called the "elector's oath," in which they promise to be true and faithful to the state and its government, and to the constitution of the United States; and to give their votes as they shall judge will conduce to the best good of the same.
§8. After the polls are closed, the box is opened, and the ballots are counted. If the number of ballots agrees with the number of names on the poll-lists, it is presumed no mistake has been made, either in voting or in keeping the lists. If the election is one for the choosing of town officers, it is there determined who are elected, and their election is publicly declared.
§9. The election of county and state officers can not be determined by the town canvassers. A statement of the votes given in each town for the persons voted for, is sent to the county canvassers, who, from the returns of votes from all the towns, determine and declare the election of the officers chosen for the county. To determine the election of state officers, and of such others as are elected for districts comprising more than one county, a statement of the votes given for the several candidates, is sent by the several boards of county canvassers to the state canvassers, who, from the returns of votes from the several counties, determine the election of the state officers.
§10. In a few states, voting at elections is done _viva voce_. These words mean by word of mouth. In voting in this manner, the elector speaks the name of the person for whom he votes.
§11. In most of the states, persons are elected by a plurality of votes. An election by _plurality_ is when the person elected has received a higher number of votes than any other, though such number be less than a majority of all the votes given. Suppose, for example, three candidates receive 1000 votes: One receives 450; another, 300; the third, 250 votes. The first, having the highest number, though not a majority, is elected. In the New England, or eastern states, a _majority_, that is, more than one-half of all the votes given, is necessary to the election of many of the higher officers. The least number of votes out of 1000, by which a person can be elected by this rule, is 501.
§12. Either of these modes is liable to objection. When a simple plurality effects an election, 1,000 votes may be so divided upon three candidates as to elect one by 334 votes; or of four candidates, one may be elected by 251 votes, and against the wishes of nearly three-fourths of the electors. An objection to the other mode is, that if no person receives a majority of all the votes, another election must be held. Numerous trials have, in some instances, been necessary to effect a choice; and the people of a district have remained for a time without a representative in the state or national legislature.