The Columbian. [volume] (Bloomsburg, Pa.) 1866-1910, 1892-12-23
THE ELECTION LAWS.
DISABILITY OF VOTER. RIGHT To AS.
SISTkNCE.

Judge Wickham of Beaver county
delivered the following opinion on
November 9TH:
i am asked to express an opinion
on the meaning of the 27th section of
the Act of June 10Th, 1891, common
ly called the Baker Ballot Law.
1t is represented, that great differ
ence of opinion, regarding the mean
ing of this section, exist among the
voters and the election officers, and
are likely to lead to trouble and con-
fusion at the polls.
There being no case regularly be-
fore the court, | speak with some re.
luctance, and only the great import
ance, toall our citizens, of the questions
presented and the seeming public
necessity for some immedi lte utter
ances, cause me to say anything at all
1t is proper also to add that this in.
formal opinion cannot be held as
binding on the court in the deter
mination OF any case which may come
before II hereafter.
The 27th section of the Act pro-
vides that "If any voter declares to
the Judge of election, that by reason
of disability, he desires assistance in
the preparatio nof his ballot, he shall be
permitted, by the judge of election,
to select qualified voter of the cleo
ton district to aid him" Ii will be
observed that It is not the proof of
disability, nor even its actual existence
which, according to the plain language
of the law, creates the condition en-
titling the voter TO aid. 1t is enough
that he shall declare his disability.
He is the sole Judge thereof. From
his decision there can be no appeal,
nor Is it permissible to meet and over.
throw his declaration, which need not
be under oath, by proof of its falsity,
except, perhaps, in a criminal prose
cution Tor improperly showing his
ballot.
AS to the disability it may be
physical or mental, or both combined.
Among Webster's definitions OF the
word disability are the following
Incompetency, incapacity, want of
competent physical or intellectual
power. A voters disability may result
from ignorance of the law, inability to
read or write, defective vision, palsy,
excessive nervousness producing
abnormal self distrust, or other causes.
l do not think that the voter is
obliged to state the nature of his dis
ability. The law confers no power on
election officers to force him to lay
bare, perhaps in the presence of
scoffing bystanders, specific or mental
inhrmities which most men, governed
by feeling common to humanity,
seek to hide from even their closest
friends.
In regard to the person who may
be called on to aid a voter who de-
clares his disability, the latter has the
absolute right to select any qualified
voter of the district. His choice
must be respected by the election
board.
The ballot bill as first presented,
provided that the voter should specify,
under oath, the nature of his dis
ability, which save in the case of in
ability to read, was required to be
physical, and the presiding election
officer was then to appoint two per
sons to aid him. 1t was found i'm
possible, however, to pass the bill in
that shape, and it was amended, so as
to make a general, unsworn dec
laration of disability sufficient, and to
give the voter the right to select his
own helper.
If it be conceded, that the election
board, as is claimed by some, should
try the question of disability, when
objection is made, the voter, as a
matter of common justice, may insist,
that it be tried fully and fairly. Many
witnesses, including oculists, or other
specialists, might be called by the
challenger and the party challenged,
and the hearing of single case could
easily be made to cover the whole day
of election. In the meanwhile voting
would be blocked A few obstruct
ionists, acting collusively, might in
this way disfranchise whole dis
trict.