The Pittsburgh Press (October 16, 1944)
Counties await state ruling on soldier ballots
Policy on voiding some votes undecided
By Robert Taylor, Pittsburgh Press staff writer
Harrisburg, Pennsylvania –
Many of Pennsylvania’s 67 counties are looking to the state for rulings and advice on whether or not soldier ballots should be invalidated because of technical irregularities, surveys in the state have indicated.
Both in Western Pennsylvania and in other parts of the state, county officials holding thousands of military ballots for tabulation Nov. 22 have indicated they will await state rulings on whether they should throw out soldier ballots because of certain irregularities.
The state has issued some informal and “purely advisory” rulings, to settle particular points of law, but thus far has issued no comprehensive guide to aid County Election Boards in putting into effect the policy of the state administration and Legislature of giving the soldier vote law a liberal interpretation.
Must make own rulings
County election boards will have to make rulings themselves on such questions as whether ballots marked with a checkmark instead of an “X” or ballots certified by a non-commissioned, instead of a commissioned officer, should be counted or thrown out.
While boards generally have announced the willingness to do everything possible to facilitate the soldier vote, challenges of defective soldier ballots are a prospect in close local elections, and State Election Bureau heads have estimated 21,000 ballots may be thrown out.
Legally, the state has no right to make rulings binding on the county election boards. It has been pointed out, however, that a detailed statement by the state administration would help the county boards in following out the purposes of the Soldier Vote Law and clarify their work, avoiding conflicting decisions in various parts of the state.
Await state rulings
The number of inquiries by count officials to the State Elections Bureau and the number of counties which reported, in a poll conducted by The Press, that they would await state rulings on some points of law, indicated the counties will accept state advice.
The state ruled, informally, that ballots sent in by soldiers killed before Election Day are valid and should be counted, and that ruling was reiterated by Governor Martin and made formal when reports were circulated that the state would invalidate such ballots.
The state has also ruled that men discharged from military service but still in military hospitals cannot vote by soldier ballot, because their civilian status has been resumed. It was ruled soldiers must be 21 years of age by Nov. 8 to vote.
Marking causes problem
Another informal ruling was that ballots must be marked with an “X” as required by the State Election Law, and that other markings would invalidate ballots. This ruling was challenged by a number of counties, and there is a likelihood of varying local rulings on the point.
The soldier vote will not be counted until Nov. 22 – 15 days after Election Day – and most county boards are deferring their rulings on defective ballots until that date. In event of a close election in Pennsylvania, which could be decided by the soldier vote, wholesale challenges of soldier votes and conflicting rulings by county boards could cast doubt on the final election results.
Censored ballots questioned
Many boards are uncertain what to do with ballots which have been opened and resealed by military censors. One county alone – Luzerne – has 231 censored ballots. In other cases, ballots lack the voter’s signature or affidavit, or the certification of his officer is defective.
In nearly all cases, county officials, receiving ballots with apparent technical defects, have made an effort to get another ballot io the soldier and avoid any challenge of his vote.