The Oregon Election Effect of a Majority of Votes Cast for a Candidate Constitu

Cover The Oregon Election Effect of a Majority of Votes Cast for a Candidate Constitu
The Oregon Election Effect of a Majority of Votes Cast for a Candidate Constitu
John T John Thomas Doyle
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G " 40, 100 " Mr. H " 49, 000 " Mr. I " 49, 000 " Mr. K " 49, 000 " Mr. L " 49, 000 " Who are tlu> persons chosen? Against ichom 22 are the 100, 000 votes cast for Mr. A to be counted ? Counted against any one of the other ten, they will defeat him, yet he had no oppo- nent, and so, in common parlance, in voting for him you did not vote against any one. Further illustration may be had by varying the case, and supposing the Federal officer, though on all the tickets, to be scratched by individua...ls to the ex- tent of three, ten, thirty, forty thousand votes. Whatever way it is put it serves to render more plain the falsity of the doctrine that under our system there is any such thing (legally speaking) as voting against any one.
9. Stress is sometimes laid on the idea that by holding votes for an ineligible candidate to be void, you defeat the popular will; and Judge Baldwin, in Saunders vs. Haynes, speaks of the hardship of a man's being elected by a minority of the voters. But this is to lose sight of the rule that the popular will to he legally efficient must he expressed hy legal means, and that the consti- tution and the laAVs allow a minority of all the voters to elect, by declaring a mere plurality to be sufficient for the purpose.


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