Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1894-10-30
THE ELECTION LAW.
,x1SAcTS FROM JUDGE SlMMONS's
OPINION IN THE BUCHANAN CASE,
explanations as ." the Duties Of Constabics
and How Electors Shall vote--An
Important Decision.
(The Fincastle YIerald.)

A. The approaching election is 10 be
Al under the Walton law. and the
,,,hoi Of voting under that law is some
NAT novel and not familiar 10 our pco-
H. We give below some extracts from
! lre Simmons's opinion rendered in the
rr,hansn case, recently decided by him.
r.s>ac upon the duties Of the constable.
= said.
..he duties OF the constable are clearly
f..nrI In the 18th section OF the Wal
Ga aw. which IS 20 read the names OF
g., candidates for the several offices 10
:. voted for at the election being held.
=. arc printed on the Official ballot, The
,..v bo1o, allowed 20 be carried into or
f.m tHc booth 10 be deposited in the
box
..rc constable. under fines End penal
e., is not allowed 10 suggest other
,s II the voter desires TO vote for
e.. other person than those whose names
,rr upon the official ballot. he has
e., rleht 20 90 SO. but The constable
8. nr right % suggest any other name
... IS IN that ballot. Nor can or should
go required q 10 more than what
... statute requires. II he docs more
.. violates thc law. and should be re-
...el ai the pleasure OF the judges.
should Immediately appoint another
e. viii discharge his duties as the law
o-
.N-, and what class Of voters IL the
,.-.tra'c 20 assistr Those who are edu-
r.y or physically unable to vote.
l..1 Hy reading the names and offices
r.. ballot What ballot? The Of
@ ballot. ana pointing out 10 him the
10. 81 ~ sgah
>e out
.l. -he voter Is physically unable by
a of dmnoSs Of eyesight. or
,. hand. 20 strike ont the name or
,rr.. she constable can. under the
e. or otherwise ai1 him in prepar-
g., DIS ballot strike ont the names.
-. o.. voter is totally blind the CON
... ~raU prepare said ballot for said
,...r .n accordance with the instruc-
. SAID elec.or
.Irs is the only kind Of voter for
,.s t.. constable can or shall prepare
ballot pr IN accordance to instructions
.e V.tor
.rt ~. voter can see and has the physi-
.r..tr % strike out the name pointed
,- .. the constable, he Uhe voter
s-... oat. and not the constable. (See
ID
.,, ,.- constable prepare the ballot
.rr voter AMI assists him who can
~ write and has eyesight ana the
,. h.s bands sufficient TO enable the
,...- % prepare his own vote. he violates
e. nv.
o.. ra does more than read the name
-- ,.-,cs % thc several candidates ana
OIL. -.- Pr which thcv are TO be voted.
.tr G.. q man that Is educatio11ly
..... .. read and point out to him the
,.-. -r names OF such As he desires 10
....,, lat he violates the law. provided
80 voter has eyes ght and the use OF
..-- AMI hands sufficient to enable
,-. .. strike out the names Of such per-
..,. te does rot wish 70 vote for
-., method II voting. the time allowed
o.. ureo,rstion Of ballot and voting.
..5 ... penalty for violating the provi-
r.rtaln sections should be tho
.-.r UNDERSTOOD by all voters.
20 -n cases Of challenges, etc. no
.,r than the cleCt0r Offering TO
-sve the Judges of election ana
-.-.- allowed ny law. shall Ne within
o.. f.. - the hallot-hoX.
l.-. lactor Qullined II vote at
SHALL. when ne SO demands. be
......i with a.. -fclal ballot by one
... .7c.s IL election, selected for that
.t a majority Of -he judges present
..t.l elector shah then take the said
. ballot and retire 10 sad voting
Uie the voter. shall then draw
with pen or pencil through the
up names n the candidates
not wish to vote for.
....- the name or names Of the
..t. OF candidates ne does wish 10
unscra'cheiD 30 name shall be
.-.i scratched unless the pen or
.- -lrk shall eNteId at least three
-- 40 the length ~ said name: ana
save au official ballot. above
f,r shall be counted for any
30 he unlawful for any elector to
CTS ..s Dtlcl8l ballot furnished him by
- & election further than the
..... 9TH. and should he, after inspect
-.- sal ballot. conclude not to vote.
~-- Immediately return said ballot
.r 'u4s-s Of election. Except IN
.... 20 Challenges. etc, no person snail
lus.l or assist any clector
o. rrt.rz. word, or gesture. as to how
I ynte or mark his ballot after
Same has been delivered 10 him by
-s Il election. Any person Vio-
...- -te provisions Of this section shall
..0 guilty Of 4 ms3emeanor and
...i..i.n thereof shall be fncd not
t ..n $50 nor more than $3.50. and
AIMED bro Jan six months.