Proceedings of the Annual Convention Volume 1-4 (Paperback)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1915 Excerpt: ... a second primary." In other words, the legislature sought to secure the nomination of majority and not minority candidates; and it sought to accomplish this at one primary instead of two, by requiring the voter to express a second as well as a first choice; so that, if a first choice failed, the canvassing board could turn to the voters' second choice without the expense of a second primary. Naturally, the question arises in your mind, "Would the preferential ballot be valid in Illinois?" In general the courts of this country have sustained laws which have sought to make effective the elective franchise, and they have been loath to interfere with the law-making body, except when the legislature has attempted to change the effective character of the vote by making discrimination between the various electors, or by making the voting strength of one greater than that of another. As long as there is absolute equality between the voters, the courts have generally refused to interfere. The preferential ballot makes absolutely no discrimination and maintains entire equality as between voters. It seems to me that in a state where the constitutional provisions do not directly inhibit such exercises of legislative authority, the General Assembly has power to establish the preferential ballot in primaries or elections, or both. But the Illinois courts have already recognized the broad powers of the legislature in matters of election. In the case of People v. Nelson, 133 111. 365, the court held that: "Since there is no restriction upon the General Assembly in regard to the mode of electing drainage trustees, it was discretionary with it to provide for their election by cumulative voting." Of course, preferential voting is entirely different f...