The Pittsburgh Press (October 9, 1944)
Many soldier votes may be challenged
Contests indicated in close races
By Robert Taylor, Pittsburgh Press staff writer
Harrisburg, Pennsylvania –
Wherever the civilian vote is close in the November elections in Pennsylvania, there is likelihood of a wholesale challenge of soldier votes, based on technicalities of the state soldier vote and election laws.
State election officials estimate that as many as 21,000 soldier votes – enough to decide some of the contests involved in the November election – will be invalidated because of irregularities in the preparation of the ballots by the fighting men who cast them.
The challenges are expected to occur chiefly in Congressional and legislative districts where the civilian vote is close and the soldier vote can decide the elections, but it could be intensified if the statewide vote is close.
Contested cases to courts
The decisions will be made by county election boards and, in contested cases, by the local courts. Thus far, the Attorney General and State Elections Bureau have given only informal, advisory opinions, leaving formal rulings to county officials.
In some cases, the state has already advised that soldier votes are invalid and should not be counted; in others, it has left the questions to the county officials to solve.
Throwing out ballots because of technical irregularities, in the absence of fraud, however, runs counter to a long line of federal and state court decisions which have held that where they voter indicates his intent, his right to vote is paramount.
Types of irregularities
According to estimates of state election officials, the invalidation of 21,000 soldier ballots would reduce the countable soldier vote in Pennsylvania to 150,000 – less than 20 percent of the state’s 800,000 men and women in the Armed Forces.
There are the types of irregularities already tabulated, or expected to be found:
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Execution of the soldier-voter’s oath by a noncommissioned officer, instead of a commissioned officer, as required by the Military Ballot Law.
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Failure of the officer to sign the jurat, or oath to the soldier-voter.
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Failure of the officer signing the jurat to state his rank.
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Evidence that military ballots have been opened and resealed by censors. Some countries plan to throw out such ballots on the ground secrecy of the ballot has been violated; others may accept them.
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Voting by a checkmark, instead of the required “X.”