1892. ] OF THE SENATE. 331

to the measures usually used to constrain the voter,
as it could never be ascertained whether the voter car-
Tied out his promise. To this end most of the States
have adopted various modifications of what is known
as the "Australian Ballot Law. " Maryland, by the
Ace of 1890, chapter 538, adopted such a law.

The rule of law heretofore has been to pass over all
irregularities which might occur in the holding of elec-
tions and give effect if possible to the intention of the
voter if it can be ascertained. This rule of law still
has force and should be observed.

Under our present system, there is another rule of
law of equal importance and of equal binding force,
and that is, the secrecy of the ballot must be preserved,
and every section of the law relating to the preserva-
tion of this secrecy must be mandatory and the viola-
tions of any of such provisions must destroy the legal
effect of the ballot cast or the election held, otherwise
the great object to be attained by the new system of
voting, to wit: "Secrecy, " is destroyed. To ensure
this secrecy the Maryland law, Act of 1890, chapter
538, has the following provisions:

1. Section 128 provides that all ballots to be used
and cast in any elections to beheld in this State under
the Constitution and laws thereof, shall be printed and
distributed at the public expense.

2. Section 137 provides that all ballots for use at any
election shall be prepared, printed and furnished by
the Supervisors of Election and on the back and outside
shall be printed the words "Official Ballot For, " fol-
lowed by the designation of the polling place for which
it is prepared, the date of the election and a fac-simile
of the signature of the President of the Board of Super-
visors of Election, by whom the ballot has been pre-
pared.

3. Section 158 provides that "no ballot without the
official endorsement and the initials of one of the Bal-
lot Clerks shall be allowed to be deposited in the bal-
lot box or counted.

These provisions have as their sole object the secrecy
of the ballot The effort is to provide a ballot of
uniform size and similar in every respect, so that
it will be impossible to detect the ballot cast by any
voter. These requirements are not mere details, but