Evening star. [volume] (Washington, D.C.) 1854-1972, 1894-04-13
VlRGiNlA'S ELECTION LAW
A Clerical Blunder That May Render Il
Void
Printers Who Furnish the Tickets
Print-Gov. O'FerraIrs Views.
Special Correspondence Of The Evening Star.

special Correspondence Of The Evening Star.
RICHMOND. Va, April II, 1894.
The report that serious defects have been
found IN the new election law enacted by
the recent assembly. which will likely re-
suit in decision by the supreme court de-
claring it null and imperative, seems to be
well founded.
The most serious defect which appears in
the section Of the bill relating to the print
ing of the Australian ballots was first dis
covered few days ago by a well-known
printer of this city, whose determination to
apply for the printing contract caused him
to make a careful examination of the law,
with especial reference to the printers
cath. He declares that each printer Sc
lected to furnish the electoral boards with
the ballots will be compelled. under a strict
construction Of the law. 10 destroy all OF
the ballots printed by him.
This particular portion of the bill as en-
acted reads:
THE printer with whom the board shall
contract for the printing of the said ballot
SHALL before the work is commenced, take
an oath before the secretary of said board.
who is hereby empowered to administer
said oath, TO the following effect:
II, -, solemnly swear that / win
print 0lere insert number ballots. accord
ing TO the instruction OF the electoral board
of the county Tor city, Of -; that viii
print and will permit to be printed. directly
Der; that / will at once destroy all imper-
feet and perfect impressions: that as soon
as said number of ballots is printed viii
distribute the type used for said work and,
finally, that ] will not communicate TO any,
one whomsoever in any manner whatsoever
the size, style or contents of said ballots"
1t is evident that the intention OF the
trainers OF the bill was to prevent any OF
the ballots falling into the hands OF the
elector except through the regular channels.
50 that the initerate voter could not re-
ceive any assistance in preparing his ballot
except as prescribed by law. In his zeal 20
make the oath stringent and unevasive. the
framer-Nr. Walton-has, in the opinion
of experts. rendered the law paradoxical II
not ridiculously defective. When Gov
OFerran who signed the bill after an I'M
avoidably hasty examination, the legisla-
ture awaiting his action to adjourn, was
asked for his opinion as TO the defect. he said
today that he believed the courts would
construe the act TO mean just what was in
tended-that is. the printer to destroy only
the defective ballots and such perfect ones
as are in excess OF the number required by
the electoral board
Several well-informei democrats. how
ever, differ with the governor. and are OF
the opinion that the error in the diction OF
the law viii result in declaring the entire
act imperative. Among these is Col. John
Bigger, clerk of the house Of delegates and
keeper of the rolls of Virginia. Col. Bigger
is concededly one OF the finest parliament
tariaas in the state, and his views viii
cause the democratic leaders to reflect, 20
say the least. The printer who first discov-
cred the error says IL he is selected as one
Of the printers to furnish the ballots he will
be compelled, under a strict and literal con-
struction of the oath, to destroy all Of the
ballots after they are printed including the
| imperfect ores and those in excess OF the
required number.
Another defect in the law is a giarinr
discrepancy as TO the number Of days in
advance OF the election in which candidates
are required to officially give notice to the
I ell raj "a ~ ne r
| in one place provides thirty DAYS and in two
others twenty days. This is also considered
by many a dangerous defect in the wording
of the law.
In regard to this Gov. o'Ferrall stoically
maintains that there is no serious con-
fusion" saving: 1.-The bill says candidates
before an election, and the tickets shall be
printed within thirty days which may mean
anywhere from one to thirty days"
This, however, is a comparatively minor
defect
The fact that the present supreme court
are republicans politically may have inn
portant bearing in securing from that
bench a legal construction as 10 the ambi-
guilty OF the law. The court could without
any improperly on its part delay the rem
clifton of it's decision until a few days
prior to the election. and II its opinion
proved adverse 10 the democratic interest
CONSERVATION would reign in the demo-
cratic camps. The democratic machinery
would suddenly be forced TO draw OIL from
J the Old dlScarle1 Anderson NJ cN,Orrnlck well.
and having made all preparation for an
Australian ballot system il can be well i'm
agined in what an awkward position the
leaders would find themselves.
1t will he recalled that in the ffties only
a short time before an election day the
present election law-the Anderson McCor-
mick-was declared unconstitutional by the
supreme court only IN one particular-that
in reference 10 "freeholiing" being one Of
the requirements OF reimbursement. The
effect Of this decision, coming IL did, is
well known.
So far IL is not known whether any STEPS
will be taken 70 secure from the court its
4 legal construction OF the law. but il is not
at all unlikely that the attorney general
VIII be authorized to take action in the
matter I'm due time
The new election law will go into effect
July l next. and the first election 10 take
place under IL will be the congressional
election in November following
ROLLING MILL ENpInSFnN