Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1894-10-25
THE ELECTION LAW.
EXTRACTS FROM JUDGE slMMoNs's
OPINION IN THE BUCHANAN CASE.
r,,,.uations NJ to tho Duties Of Constables
and How Electors shall vote-An
Important Decision.
(The Fincastle Heraid)

As the approaching election Is to b.
held under the Walton law, and thu
method of voting under that law Is some
what novel and not familiar to our PEG
ple we give below some extracts from
Jrdge Simmons's opinion rendered In thu
Buchanan case, recently decided by him
Passing upon the duties OF the constable
he said:
THE duties OF the constable are clearly
defined in the 18th section Of the Wal
ton law, which IL TO read the names OF
the candidates for the several Offices tc
be voted for at the election being held
al are printed on the official ballot. The
only ballot allowed to be carried into oil
from the booth to be deposited in the
baliot-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
than Is on that ballot. Nor can or should
he be required to do more than what
the statute requires. II he does more
he violates the law. and should be re-
moved at the pleasure OF the judges,
who should Immediately appoint another
v.ko will discharge his duties as the law
directs.
who and what class Of voters Is the
constable to assist? Those Who are edu-
cationally or physically unable to vote.
How? BY reading the names and Offices
on the ballot What ballot? The or
fetal ballot: and pointing out TO him the
name or names he Che voter may wish
to strike out.
III the voter Is physically unable by
reason OF dimness OF eyesight. or a
pa.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 eector.
This is the only kind of voter for
whom the constable can or shall prepare
n ballot for in accordance to instructions
OF the voter.
IF the voter can see and has the physi-
ca ability 70 strike out the name pointed
out by the constable. he Uhe voter
strikes out, and not the constable. (See
Sec. IL
"If the constable prepares the ballot
for any voter and assists him who can
read or write and has eyesght and the
use Of his hands sufficient to enable the
voter TO prepare his own vote. he violates
the law.
"If he does more than read the name
or names OF the several candidates and
the offices for which they are TO be voted,
for, over 10 a man that is educationally
Unable to read and point out to him the
name or names OF such as he desires 10
strike out he violates the law. provided
ST en- voter has eyesight and the use OF
II, arms AMI hands sufficient 10 enable
him 10 strike out the names of such per-
sons as he does rot wish 10 vote for
The method OF voting, the time allowed
for the preparation OF ballot and voting
and the penalty for violating the provi-
slons Of certain sections should be tho
roughly understood by all voters.
Except In cases Of challenges, etc. no
person other than the elector offering to
vote. save the judges OF election and
clerks allowed by law, shall be within
forty feet Of the ballot-boX.
Every elsctor qualified TO vote at
precinct shall. when he SO demands. be
furnished with an official ballot by one
OF the Judges OF election selected for that
duty by majority Of the Judges present.
The said elector shall then take the said
official ballot and retire 10 said voting
bcoth) QIe. 1.-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 70
vote for unscratched) No name shall be
considered scratched unless the pen or
pencil mark shall exterd at least three
fcurths OF the length OF said name; and
no ballot save an official ballot, above
p, divided for, shall be counted for any
person.
Ii shall be unlawful for any elec.or 20
carry the official ballot furnished him by
the Judge of election further than the
voting booth, and should he after inspect
ing the said ballot. conclude not TO vote.
he must Immediately return said ballot
TO the judges Of election. Except IN
cffes Of challenges, etc, no person shall
aCyise. 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 5000, and
confined in Jail six months.