Huntsville gazette., 1892-07-30
ELECTION LAWS.
How They Sro AID Be Held
Shelby TO SuIiivan-An Address TO
the Voters.

HUNTSVILLE, ALA, July 20, 1892
DR.. W. r. Su1iga,s. Berkley, Ala.:
| DEAR SIR-I have carefully eN
amined the statutes and will nov
answer your letter.
The officers who hold the election
at each precinct are as follows
Three inspectors, two OF whom
should belong to opposing parties
Code Section 352; returning Of
fcer; Code Section 355; two clerks
who are appointed by the inspec-
tors; Code Section 357; and Sher-
iff or Deputy Sheriff; Code Sections
377, 37S. The duties of these Off
GERS are prescribed by statute. The
inspectors, clerks and returning Off
GERS receive the same pay per diem,
the latter being allowed mileage in
addition. Code Section $50.
The question is asked, whether
or not all of the above named Off
GERS are permitted to be present in
the room where the election is held:
First let us examine the question as
to the returning officer. The name
of the returning officer of each pre-
cinct is in. the published notice of
the election.
1t is his duty to meet the inspec-
tors at the place of holding the
election by s o'clock on the morn
ing of the day of the election. If
none of the inspectors attend, he
can appoint three to act, Code Sec
ton 355, when the votes are taken
from the box to be counted "the re-
turning officer or::one Of the inspec-
tors must take the ballots one by
one from the box" Code 302.
After he and the inspectors have
so counted out the ballots. and the
statement of the result at the box is
made in writing, Code Section 3S2;
the said statement and one Of the
poll lists is delivered to the return
ing officer.
This must be done in forty eight
hours. Code Section 3S5; but should
be done as soon as practicable.
These statutes show that if the elec
ton is held in a house, the return
ing officer has the right to be pres
ent in the room.
AS to the Deputy Sheriff: The
Sheriff gives the notice of the cleo
ton, Code Section 354. 1t is his
duty to have a deputy at each pre-
cinct if he is not there himself, Code
Section 377.
This deputy is the peace officer
to preserve order. For violation
on that day of provision of the
election law he can arrest without
process Code Section 37S.
The names of the deputy for each
precinct is published in the notice
of election. "If any inspector clerk
or other officer !: J: is guilty
of any corrupt conduct" relating to
the performance Of his duties, such
conduct is violation of the election
laws. Criminal Code Section 4IS3.
1t is made the duty of the Sheriff
or his deputy to arrest any person
on that day without process, who
is guilty of a violation of the cleo
ton laws: Code Sec. 37S. If the
Deputy Sheriff willfully or corrupt~
ly fails to perform his duty, he is
guilty of a criminal offense. Grim
inal Code, Sec. 4ISI.
From these statutes it will be
seen that the duties Of the Deputy
Sheriff require that he should have
access to the room where the cleo
ton is held. Amy other construc-
ton of the statutes would in some
cases make it impossible for him to
perform duties incumbent on him.
AS to the inspectors and clerks:
The statutes do not say in words
that they may or may not be in the
room where the election is held.
They are silent on the subject. We
can, however, with certainty deter
mine that they have the right be-
cause of the duties imposed on
them. To exclude any clerk or in
spector from the room would be
unlawful.
AS to the challengers: Each par
ty can select five challengers. The
rule that electors shall not be allow
ed within thirty feet Of the ballot
box. except while voting, does not
apply to the challengers of either
party. They are permitted to go
as near to the ballot box as they
please. They are permitted TO do
this for the purpose of challenging
persons who may be suspected of
attempting to vote illegally. Code
Sec. 377. find nothing in the
statutes that forbids them to enter
the room where the election is held.
II they enter the room in such nuns
bers or in such manner as to inter
fere with the orderly progress Of
the election, it would be a viola
ton of the law on their part.
But in my opinion the presence
of one or two challengers ON each