Staunton vindicator. [volume] (Staunton, Va.) 1860-1896, 1894-10-12
ELECTION TUESDAY, NOV. 9th.
DEMOCRATIC CANDIDATE, HON
H. ST. GEO. TUCKER.
DUTIES OF ELECTION c0NsrABLEs.

has appointed under the Walton law, n
constable for each election precinct. The
list, composed Of most respectable and re-
liable men, has already been published in
the VINDICATOH. The following is the
section OF the law under which the APP
pointment is made, and in which the duties
: of the constables are set forth:
SEC. 15.-''The electoral board of each
county OF city Shall appoint for each vot-
ing precinct therein one constable, who
shall he ali honest and discreet person OF
said precinct, and he able to read and
write, and who shall be a conservator OF
the peace, and shall be especially charged
with enforcing the provisions of this act,
having all the powers OF a constable; and
for such services he shall be allowed one dol
lar Per day. He shall have the power of az
resting, upon the verbal order Of the Judges
of election, OF majority OF them, Of the
precinct to which he is appointed, any per-
son who is offending OF attempting to vio-
late any Of the provisions of this act OF d is
turbing the peace, and the person so al
rested shall be taken as soon as possible be-
fore justice OF the peace having cogni
zallce OF the offence. and be then proceeded
against under the general laws of the State.
At the request Of any elector in the voting
booth who may be physically or education
ally unable TO vote the said special consta
bic may render him assistance by reading
him the names and offices On the ballot,
and pointing out to him the name OIL names
he may wish to strike out, OF otherwise
aid HIM in preparing his ballot. In case
said elector be blind, said special constable
shall prepare said ballot for said elector in
accordance with the Instructions of said
elector. Before entering upon tile duties
OF this Office, the said special constable
shall take an oath to faithfully perform the
duties thereof, and for corrupt violation
of the same he shall be deemed guilty of a
misdemeanor, and be fined not less than
five hundred dollars and be imprisoned not
less than one nor more than twelve months
in JAIL"
IMPORTANT DECISION REGARDING THE
EXECUTION OF THE LAW.
The new law has already been before the
court and been construed. 1t was in the
case of the municipal election at Buchanan.
i'll Botetourt county. Judge Simmons set
the election aside on several grounds, but
we publish only those that refer to the vio-
latiOn of the law by the acting constable. Ii
was alleged in the petition to set it aside,
that the election constable had in making
out the ballots for the illiterate, made
them out in accordance with slips given
the illiterates by persons outside; also that
he had assisted persons who could read and
write, at their request, to prepare their
tickets, and that i'll addition, he had
gone into the election booth with men who
could read and write, and of1iciously assisted
without being asked to do SO, in preparing
their ballots. The opinion says:
i NO OUTSIDE AID ALLOWED.
II may be in error. but surely do not
think that the law ever contemplated that
such slips of paper. OF ballots, as were
made use of in this election SHOULD be furn-
ished illiterate voters by parties outside, to
be delivered to the constable in the booth,
and that he should prepare their ballots by
the use of these slips, OIL ballots. The du-
ties OF the constable are clearly defined in
the fifteenth section of the Walton bill.
His duty is to read the names Of the candi-
dates for the several offices to be voted for
at that election as are printed On the Off
cial ballot; that is the only ballot allowed
to he carried into, and from the booth to
he deposited in the ballot-box. The con-
stable, under pains and penalties, is not
allowed to suggest other names OIL how the
voter shall vote. If the voter desires to
vote for any other person than those whose
names appear upon the official ballot be has
the right to do so; but the constable has no
, right to suggest any other names than
those on the ballot. Nor can, nor should
| he, be required to do more than what the
/ statute requires. If he does more he VIC
lates the law, and should be removed at
the pleasure of the judges, who should i'm
, mediately appoint another who will dis
, charge his duties as the law directs.
THE CLASS THE CONSTABLE MUST ASSIST
''Who and what class Of voters is the
5 constable to assist? Those who are educa
L tionaily OF physically unable to vote. How
BY reading the names and Offices Oh the
t ballot. What ballot? The official ballot
And by pointing out to him the names OF
e name he may wish to strike out.
eff the voter is physically unable BY
!, reason Of dimness of eyesight OF palsied
hand to strike out the name OF names, thu
: constable can, under the clause, 'or other
wise aid him in preparing his ballot, STRIKE
out the name OIL names, in my opinion.
''If the voter is totally blind the consta
BILE shall prepare said ballot for said electo
in accordance with the instructions of sait
elector. This is the only kind of voter f.
: whom the constable can, OIL shall, prepare
: ballot, in accordance to instructions O
the voter. 1t the voter can see, and hal
the physical ability to strike out the nam
pointed out by the constable, he, the voter
~ must strike out, and not the constable. /
= the constable prepares the ballot for an.
i voter and assists him who can read an(
f write and has eyesght and the use of hi
= hands sufficient to enable the voter to pre-
S pare his own vote. he violates the law. II
5 he does more than read the name OIL names
of the several candidates, and the Offices
which are to lie voted for, over to q MAI
:. that is Internationally unable to read, ant
a point out to him the name OF names OF sucl
as he desires to strike out, he violates th
!. law, provided such voter has eyesight ant
the use of his arms and hands sufficient t,
enable him to strike out the names of Sucl
= persons as he does not wish to vote for.
THOSE NOT CONTEMPLATED.
s'The testimony in this cause is clea
that the constable did prepare the ballots @