Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1894-10-26
THE ELECTION LAW.
EXTRACTS FROM JUDGE sIMMoNs'S
OPINION IN THE BUCHANAN CASE.
Explanations a. to the Duties Of Constables
and How Electors Shall vote-An
Important Decision.
(The Flncastle Herald.)

As the approaching election is to be
held under the Walton law, and the
method OF voting under that law is some
what novel and not familiar to our peo-
pie. we give below some extracts from
Judge Simmons's opinion rendered In the
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 Is to read the names OF
the candidates for the several Offices 10
be voted for at the election being held.
az are printed on the official ballot. The
Only ballot allowed TO be carried into or
from the booth to be deposited in the
balot-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 10 do more than what
the statute requires II he does more
ne Violates tDe law. anu SHVutl Dt
moved at the pleasure OF the judges,
who should Immediately appoint another
v'kc 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 Of
fetal ballot; and pointing out TO him the
name or names he 0he voter may wish
to strike out.
'If the voter IS physically unable by
reason of dimness OF eyesight. or
pasted 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 10 instructions
Of the voter.
"If the voter can see and has the physi-
ca, ability to strike out the name pointed
out by the constable. he the voter
strikes out, and not the constable. tsee
Sec. ID
IF the constable prepares the ballot
for any voter and assists him who can
read or write and has eyesight and the
Use OF his hands sufficient 10 enable the
voter 10 prepare his own vote, he violates
the law.
"If 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 man that is education1ily
urable to read and point out TO him the
name or names of such as h. desires 10
strike out he violates the law. rroVldei
81 ch voter has eyesght ard the use OF
ii. arms AMI hands sufficient to enable
him TO 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 Prov
sions OF certain sections should be tho
roughly understood by all voters.
Except in cases OF chall 'nges. etc. no
person other than the elect0r Offering 10
vote. save the judges of election AMI
clerks allowed by law. shall be within
forty feet Of the ballot-box.
Every elector qualified TO vote at
precinct shall. when he so demands, be
furnished with IA. -:itcial ballot by one
OF the Judges Of election. selected for that
ility Uy 4 IliINl4Ag " I4lt J'-4t'-' "a. 49,
Crhe said elector shall then take the said
official ballot and retire to said voting
bcothD NIe, the voter. shall then draw
a line with a pen or pencil through the
name or names Of the candidates
he does not wish 10 vote for.
leaving the name or names Of the
candidate or candidates he does wish 70
vote for unscratchedD No name shall be
considered scratched unless the pen or
pfncu mark shall exte.d AZ 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.
1t shall be unlawful for any elec,or %
carry the official b1llo. furnished him by
the Judge ~ election further than the
yotiny-booth. and should he. after inspect
irg the sail ballot. conclude not 10 vote,
he must Immediately return said ballot
TO the judges OF election. Except IN
cfses Of challenges. etc. no person shall
ADVISE. counsel or assist any clector
by writing, word. or gesture, - to how
ne shall vote or mark his ballot after
the same has been delivered TO him BY
the Judges 81 election. Any person Vlo-
lifting the provisions Of this section shall
be deemed guilty 0f a msiem eanOr and
uron conviction thereof shall be fined not
less than 500 nor more than <l,vV, and
c. Mined IN jail SIX months.