Section 5. Elections to be by ballot

Elections to be by ballot

All elections by the citizens, shall be by ballot, except for such town officers, as may by law be directed to be otherwise chosen.

AND WHEREAS an opinion hath long prevailed among divers of the good people of this state, that voting at elections by ballot, would tend more to preserve the liberty and equal freedom of the people, than voting viva voce. To the end therefore, that a fair experiment be made, which of those two methods of voting is to be preferred:

BE IT ORDAINED, That as soon as may be, after the termination of the present war, between the United States of America and Great-Britain, an act, or acts be passed by the legislature of this state, for causing all elections thereafter to be held in this state for senators and representatives in assembly, to be by ballot, and directing the manner in which the same shall be conducted. AND WHEREAS it is possible, that after all the care of the legislature, in framing the said act or acts, certain inconveniences and mischiefs, unforeseen at this day, may be found to attend the said mode of electing by ballot:

IT IS FURTHER ORDAINED, That if after a full and fair experiment shall be made of voting by ballot aforesaid, the same shall be found less conducive to the safety or interest of the state, than the method of voting viva voce, it shall be lawful and constitutional for the legislature to abolish the same; Provided two thirds of the members present in each house respectively shall concur therein. And further, that during the continuance of the present war, and until the legislature of this state shall provide for the election of senators and representatives in assembly by ballot, the said election shall be made viva voce.