Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1894-10-31
THE ELECTION LAW.
EXTRACTS FROM JUDGE sIMMoNs'S
OPINION IN THE BUCHANAN CASE.
ExvIsus lions ~ 70 the Duties Of Censtabies
and How Electors Shall vots-An
Important Dscision.
Che TIncastle Herald.)

As the approaching election u 70 De
held under the Walton law. ana the
method Of voting under that law Is some
what novel and not familiar to our peo-
ME. we give below some extracts from
Judge Smmons's opinion rendered In the
buchanan case, recently decided by him.
Passing upon the duties Of the constable,
he said:
1.-THE duties OF the constable are clearly
defined In the 18th section Of the Wal
ton law. which Is to read the names or
the candidates for the several Offices to
be voted for at the election being held.
n, are printed on the official ballot. The
only ballot allowed to be carried into or
from the booth to be deposited In the
ballot-box.
.'The constable under fines and penal
ties. Is not allowed To suggest other
names II the voter desires to vote for
any other person than those whose names
appear upon the official ballot. he has
the right to do so. but the constable
has no right to suggest any other name
tran is on that ballot. Nor can or should
he be required to 10 more than what
the statute requires. II he does more
he violates the law. and should be re-
moved at the pleasure or the judges.
who should Immediately appoint another
vLo will discharge his duties as the law
directs
"Who and what class OF voters IS the
constable 10 assist? Those who are edu-
cationally or physically unable 10 vote.
How? BY reading the names and offices
on the ballot. What ballot? The Of
fetal ballot; ind pointing out TO him the
name or names he (he voter may wish
to strike out.
"If the voter is physically unable by
reason OF dimness Of eyesight, or
ps,sied hand, to strike out the name or
names, the constable can, under the
clause 'or otherwise aid him In prepar-
ing his ballot strike out the names.
"If the voter is totally blind the con-
stable shall prepare said ballot for said
elector in accordance with the instruc-
items of said elector.
This is the only kind Of voter for
whom the constable can or shall prepare
a ballot for in accordance to instructions
OF the voter.
.If the voter can see and has the phys-
ca, ability to strike out the name pointed
out by the constable, lie fthe voteD
strikes out. and not the constable. 'see
Sec. III
"If the constable prepares the ballot
for any voter and assists him who can
read or write and has eyesight and the
,.se Of his hands sufficient TO enable the
voter 10 prepare his own vote. he violates
the law.
or he does more than read the name
or names of the several candidates ana
the offices for which they are TO be voted
for. over TO a man that IS educationlliy
unable to read and point out TO MIN the
name or names of such as ne desires 70
strike ont he violates the law, PROVIDED
=, Oh voter has eyesght and the use OF
II. arms AMI hands sufficient to enable
him TO strike out the names OF such per-
sfra as he does rot wish to vote FOR
The method of voting. the time allowed
for the preparation OF ballot and voting
and the penalty for violating tne proVi-
eions OF certain sections should be tho
roughly understood By all voters.
Except in cases OF challenges, etc, no
person other than the elector onerlhg 10
vote. save the judges of election ana
clerks allowed by law. shall be within
forty feet OF the ballot-box.
Every elector qualified 10 vote at
precinct shall, when he so demands, De
furnished with a.. -ficlal ballot by one
OF the judges Of election, selected Tor that
duty by 4 majority of the judges present.
cThe said elector shall then take the said
official ballot and retire to said voting
bcoth) (He, the voter, shall then draw
a line with a pen or pencil through the
name or names of the candidates
he does not wish To vote Tor.
leaving the name or names OF the
candidate or candidates he does wish to
vote for unscratched) No name shall be
considered scratched unless the pen or
pencu mark shall exterd at least three
fcurths OF the length OF said name; and
no ballot save an official ballot above
provided for, shall be counted for any
person.
Ii shall be unlawful for any elector to
carry the official ballot furnished him by
the Judge OF election further than the
yotlng-booth, and should he. after inspect
ing the said ballot. conclude not TO vote.
ne must Immediately return sald ballot
TO the Judges of election Except in
cftes Of challenges. etc. no person shall
ADVISE, counsel. or assist any elector
by writing. word. or gesture. as TO how
ne shall vote or mark his ballot after
the same has been delivered 10 him by
the Judges of election. Any person vio-
lating the provisions OF this section shall
be deemed guilty of a misdemeanor. and
uron conviction thereof shall be fined not
less than 500 nor more than $1,000, and
ccniined In jail six months