elections
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7/18/2019 Elections
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An election must be conducted subject to the limitations imposed by a state
constitution. The procedure for conducting an election is set by a state
legislature. Each constitution of a state gives the legislature power to enact laws
that are necessary for the proper and peaceful conduct of an election[i]. A state
legislature has been given wide power by the constitution to enact laws or
regulations regarding the time, place, and manner of conducting elections.
Sometimes broad power given to a state legislature tends to infringe the federal
constitutional rights of association and freedom of epression.
!or an election to be valid, it must strictly adherence to the applicable election
statutes[ii]. Thus the main function of the supervisor of an election is to
maintain strict adherence to the applicable statutes[iii]. To ensure credibility in
election results, following the provisions of election laws is made mandatory[iv].
The object of election laws are"
■to provide #uali$ed voters an opportunity to elect a candidate of theirchoice[v]% and
■to provide a systematic and enforceable procedure for electing candidates.
Election laws must be given a liberal interpretation rather than a narrow and
technical construction[vi].
The procedure adopted for election in the &.S is the system of voting by ballot.
'oting by mail has also been adopted in some jurisdictions within the &.S. Toensure clean elections, there must be secrecy of voting. The o(cial ballot must
be uniform in almost all the jurisdictions.
The reasons for preferring secret ballot include"
■to conform with the re#uirement of secrecy[vii]%
■to prevent recrimination against people who vote for losing candidates%
■it will not in)uence the voters* choice of candidates.
+enerally the preparation and delivery of ballots are controlled by epressstatutory provision. allots prepared and printed contrary to the statutory
provisions must be rejected. ut there are some jurisdictions that do not
invalidate a ballot that is prepared contrary to the statutory provisions.
An o(cial who is entrusted with the election duty must -eep with them a voter
registration boo- or a list of #uali$ed voters on the election date. The voter
registration boo- helps to identify #uali$ed electors. The statute imposing such
restriction on the election o(cial is mandatory in