Opinion of the Justices

Supreme Judicial Court of Maine

Opinion of the Justices

206 A.2d 541, 161 Me. 32

CourtSupreme Judicial Court of Maine

DecidedJanuary 14, 1965

StatusPublished

Cited by3 cases

This text of 206 A.2d 541 (Opinion of the Justices) is published on Counsel Stack Legal Research, covering Supreme Judicial Court of Maine primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Opinion of the Justices, 206 A.2d 541, 161 Me. 32 (Me. 1965).

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Opinion

HOUSE ORDER PROPOUNDING QUESTIONS State op Maine

In House

WHEREAS, in connection with the proposed examination by the House Committee on Elections into the ballots cast in the general election of November 3, 1964, for the House seat in the class towns of Brooks, Burnham, Jackson, Monroe, Swanville, Thorndike, Troy, Unity and Waldo, certain questions have arisen with regard to the validity of certain ballots because of a contest for said seat by Herbert E. Ryan of Brooks who contests the seating of John A. Burwell of Unity; and

WHEREAS, Herbert E. Ryan of Brooks caused a recount to be had before the convening of the Legislature before the appropriate election officials of the State of Maine at which recount both parties were represented; and

WHEREAS, this recount resulted in an agreement between Mr. Ryan and Mr. Burwell that there were 921 votes cast for each, and that there were four ballots in dispute, three challenged by Mr. Ryan and one challenged by Mr. Burwell, and

WHEREAS, this matter was brought to the attention of the House of Representatives when it organized on January 6, 1965, and

[33]*33WHEREAS, the House referred to the Committee on Elections for its review the question of who should have the seat for the class towns above mentioned, and

WHEREAS, Mr. Burwell and Mr. Ryan have agreed that the recounted ballots are, as far as the tie is concerned, acceptable, and that the ballots in dispute will decide the election, and

WHEREAS, the ballots in dispute are attached hereto and made a part hereof and are identified by markings affixed to each ballot which have been placed there by officials of the State of Maine and are not considered distinguishing marks, namely, number 1 through 4, inclusive, and

WHEREAS, no evidence has been offered to the House of Representatives or to the Committee on Elections that there has been any fraud of any nature or description in the casting of the votes in question, and

WHEREAS, it appears that the reason for counting these questionable ballots one way or another must appear upon the face thereof and must, therefore, be reduced to a question of law, and

WHEREAS, it appears to the Members of the House of Representatives of the 102d Legislature that questions of law have arisen which make this occasion a solemn one;

NOW, THEREFORE, be it ordered, that in accordance with the provisions of the Constitution of the State, the Justices of the Supreme Judicial Court are hereby respectfully requested to give their opinion on the following questions:

I

Is ballot No. 1 a valid ballot?

[34]*34II

If the answer to question No. I is in the affirmative, for whom should the ballot be counted ?

III

Is ballot No. 2 a valid ballot?

IV

If the answer to question No. Ill is in the affirmative, for whom should the ballot be counted ?

V

Is ballot No. 3 a valid ballot?

VI

If the answer to question No. V is in the affirmative, for whom should the ballot be counted?

VII

Is ballot No. 4 a valid ballot?

VIII

If the answer to question No. VII is in the affirmative, for whom should the ballot be counted?

Presented by: BISHOP

Town: PRESQUE ISLE

Order reproduced and distributed under the direction of the Clerk of the House.

HOUSE OF REPRESENTATIVES READ AND PASSED UNDER SUSPENSION OF RULES JAN. 14,' 1965

(s) Jerome G. Plante

Clerk

A true copy.

ATTEST: Jerome G. Plante

Jerome G. Plante, Clerk

[35]*35Answers to the Justices

To the Honorable House of Representatives of the State of Maine:

In compliance with the provisions of Section 3 of Article VI of the Constitution of Maine, we, the undersigned Justices of the Supreme Judicial Court, have the honor to submit the following answers to the questions propounded on January 14, 1965.

QUESTION NO. I: “Is ballot No. 1 a valid ballot?”

ANSWER: This ballot bears a symbol in the Republican Party square, and two portions of a line in the Democratic Party square, which portions could have been opposite ends of a single line partially erased or each an outside end of crossing line partially erased as shown by a photostatic copy below.

[36]

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