unsound in principle to make the absent voter's right to vote depend upon the cause of his absence. The justification of absent voting is the voter's right to a voice in the determination of the questions which affect him and the public's right to have the benefit of his judgment. The enjoyment of these rights should not be dependent upon the cause of his absence.

3. Many absent voting laws make the right to vote dependent upon the place where the voter happens to be on election day. This cannot be avoided if the law is one which requires the voter to appear in person at the polling place where his ballot is cast. But if the law provides some machinery by which his ballot may be cast at home, the place where he himself may happen to be on election day is a matter of indiffer

ence.

4. Care should be taken to preserve the secrecy of the ballot. If the absent voter believes that his ballot may be identified, he may be deterred from exercising his privilege. Hence it is not desirable to provide for the absent voter a ballot different in form or color from the ballot used at home. In a small election unit, such as a Massachusetts town, it might easily happen' that only one or two absent voters would vote, and if they used ballots different from the ordinary official ballot a secret ballot would be impossible.

A model absent voting law would apply to all voters and their right to vote would not depend upon the cause of their absence nor the place where they happened to be on election day, nor would their ballots be different in any way from the ordinary official ballot.

VI. THE RESULTS.

In Norway absent voting has been practiced for more than a century. Its scattered population, difficult traveling and especially its large sea-faring population made such a measure necessary if a large part of its population was not to be habitually disfranchised. The Norwegian Constitution of 1814 provided for absent voting from points within the kingdom. In 1896 Parliament was authorized to extend the system by permitting voting from points without the kingdom. The privilege

has been largely used. For instance in the parliamentary elections of 1912, more than five per cent of the ballots cast were sent in by mail. The privilege is used more largely by women than by men and in rural districts than in cities. The election officers determine whether or not the absent voter has a good excuse for his absence, and in the local elections of 1913 more than a tenth of the ballots offered by absent voters were rejected because the reason given for absence was not satisfactory.

Absent voting has hardly been tried long enough in any part of the United States to afford a thorough test. It is significant, however, that no jurisdiction which has undertaken it has entirely abandoned it, although the form has frequently been modified. A little testimony from public officers who have had experience with this form of voting is available. The Secretary of State of Kansas, writing in 1913, said that the law was first enacted for the benefit of railway men, but had been extended later to all absent voters. About five thousand had availed themselves of it the preceding year and the law had been found to work well. The Secretary of State of North Dakota, as well as Representative Young of that State, expressed satisfaction with the working of the law in that State. In 1917 Governor Stewart of Montana said that the act of 1915 had worked well and recommended that it be extended "to admit of the voting of those physically unable to reach the polls." Governor Sleeper of Michigan recommended that the privilege of absent voting be extended to "all voters legitimately detained from their voting precincts." In Australia and its States absent voters have made considerable use of their privilege, and in 1913 they cast nine and three-fourths per cent of the total vote recorded. The present writer has not found any adverse criticism of the principle of absent voting on the part of any officer or individual in any State where it has been tried. The chief objection which has been made to it is the opportunity for fraud which it offers. It would seem however that a statute could be drawn in such a way as to reduce this danger to a minimum.

APPENDIX A.

CONSTITUTIONAL PROVISIONS RELATING TO ABSENT VOTING. KANSAS, Art. V, Sec. 3. . . . the legislature may make provision for taking the votes of electors who may be absent from their townships or wards, in the volunteer military service of the United States, or the militia service of this State; but nothing herein contained shall be deemed to allow any soldier, seaman or marine in the regular army or navy of the United States the right to vote. MAINE, Art. II, Sec. 4. The election of Governor, Senators and Representatives shall be on the second Monday of September annually forever. But citizens of the State absent therefrom in the military service of the United States or of this State, and not in the regular army of the United States, being otherwise qualified electors, shall be allowed to vote on Tuesday next after the first Monday of November, in the year of our Lord one thousand eight hundred and sixty-four, for governor and senators, and their votes shall be counted and allowed in the same manner, and with the same effect, as if given on the second Monday of September in that year. And they shall be allowed to vote for governor, senators and representatives on the second Monday of September annually thereafter forever, in the manner herein provided. On the day of election a poll shall be opened at every place without this State where a regiment, battalion, battery, company, or detachment of not less than twenty soldiers from the State of Maine, may be found or stationed, and every citizen of said State of the age of twenty-one years, in such military service, shall be entitled to vote as aforesaid; and he shall be considered as voting in the city, town, plantation and county in this State where he resided when he entered the service. The vote shall be taken by regiments when it can conveniently be done; when not so convenient, any detachment or part of a regiment not less than twenty in number, and any battery or part thereof numbering twenty or more, shall be entitled to vote wherever they may be. The three ranking officers of such regiment, battalion, battery, company, or part of either, as the case may be, acting as such on the day of election, shall be supervisors of elections. If no officers, then three noncommissioned officers according to their seniority shall be such supervisors. If any officer or non-commissioned officer shall neg

lect or refuse to act, the next in rank shall take his place. In case there are no officers or non-commissioned officers present, or if they or either of them refuse to act, the electors present, not less than twenty, may choose, by written ballot, enough of their own number, not exceeding three, to fill the vacancies, and the persons so chosen shall be supervisors of elections. All supervisors shall be first sworn to support the constitution of the United States and of this State, and faithfully and impartially to perform the duties of supervisors of elections. Each is authorized to administer the necessary oath to the others; and certificates thereof shall be annexed to the lists of votes by them to be made and returned into the office of the secretary of state of this State as hereinafter provided. The polls shall be opened and closed at such hours as the supervisors, or a majority of them, shall direct; provided, however, that due notice and sufficient time shall be given for all voters in the regiment, battalion, battery, detachment, company or part of either, as the case may be, to vote. Regimental and field officers shall be entitled to vote with their respective commands. When not in actual command, such officers, and also all general and staff officers and all surgeons, assistant surgeons, and chaplains, shall be entitled to vote at any place where polls are opened. The supervisors of elections shall prepare a ballot box or other suitable receptacle for the ballots. Upon one side of every ballot shall be printed written the names of the county, and also of the city, town or plantation of this State, in which is the residence of the person proposing to vote. Upon the other side shall be the name or names of the persons to be voted for, and the office or offices which he or they are intended to fill. And before receiving any vote, the supervisors, or a majority of them, must be satisfied of the age and citizenship of the person claiming to vote, and that he has in fact a residence in the county, city, town or plantation which is printed or written on the vote offered by him. If his right to vote is challenged, they may require him to make true answers, upon oath, to all interrogatories touching his age, citizenship, residence, and right to vote, and shall hear any other evidence offered by him, or by those who challenge his right. They shall keep correct poll-lists of the names of all persons allowed to vote, and of their respective places of residence in this State, and also the number of the regiment and company or battery to which they belong; which lists shall be certified by them or by a majority of them, to be correct, and that such residence is in accordance with the indorsement of the residence of each voter on his vote. They shall check the name of every person before he is allowed to vote, and the checkmark shall be plainly made against his name on the poll-lists. They

of

shall sort, count and publicly declare the votes at the head of their respective commands on the day of election, unless prevented by the public enemy, and in that case as soon thereafter as may be; and on the same day of said declaration they shall form a list of the persons voted for, with the number of votes for each person against his name, and the office which he was intended to fill, and shall sign and seal up such list and cause the same, together with the poll-lists aforesaid, to be delivered into the office of the secretary of state aforesaid, on or before the first day of December, in the year one thousand eight hundred and sixty-four and on or before the fifteenth day of November annually thereafter forever. The legislature of this State may pass any law additional to the foregoing provisions, if any shall, in practice, be found necessary in order more fully to carry into effect the purpose thereof.

Art. II, Sec. 12. But citizens of this State, absent therefrom in the military service of the United States or of this State, and not in the regular army of the United States, being otherwise qualified electors, shall be allowed to vote for judges and registers of probate, sheriffs, and all other county officers on the Tuesday next after the first Monday in November, in the year one thousand eight hundred and sixty-four, and their votes shall be counted and allowed in the same manner and with the same effect as if given on the second Monday of September in that year. And they shall be allowed to vote for all such officers on the second Monday in September annually thereafter forever. And the votes shall be given at the same time and in the same manner, and the names of the several candidates shall be printed or written on the same ballots with those for Governor, senators and representatives, as provided in section four, article second of this Constitution. MASSACHUSETTS, Amendments, Art. XLV. The General Court shall have power to provide by law for voting by qualified voters of the Commonwealth who, at the time of an election, are absent from the city or town of which they are inhabitants in the choice of any officer to be elected or upon any question submitted at such election.

MICHIGAN, Art. III, Sec. 1. No qualified elector in the actual military service of the United States or of this State or in the army or navy thereof, or any student while in attendance at any institution of learning, or any regularly enrolled member of any citizens' military or naval training camp, held under the authority of the government of the United States or the State of Michigan, or any member of the Legislature while in attendance at any session of the Legislature, or commercial traveler, or any qualified elector employed upon or in the operation of railroad trains in this State,