Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1894-10-14
pu.,.. Of the Special Constable.

Outt0u Oh Vh0 ObOSsSs
In the buchanan election casa to
which reference hes been made hereto
fore by the Dispatch and other papers,
.udge Simmons In his written opinion
stated what no understood to be the pro-
visions Of our new election-law with
respect to the special constablSs aiding
voters to prepare their ballots As this
decision OF Judge Simmons's Ii the frst
judicial Interpretation Of the Walton law,
and as his opinion In OF general interest
the subject mentioned:
II may be In error, but I surely do not
think that the law ever contemplated
that such slips OF paper. or ballots. as
were made use of In this election should
be furnished illlterate voters by parues
outside to be delivered to the constable
In the booth, and that he should prepare
their ballots by the use Of these Slips
or ballots The duties of the constable
are clearly defined In the 18th section
Of tho Walton bill. His duty Is TO read
the names OF the candidates FOR the sew
eral Offices TO be voted for at that eieS-
ton as are printed on the official BALLOT
that Ia the only ballot allowed TO De
carried into and from the booth 10 NC
deposited in the ballot box. The cohsta-
BILE under pains and penalties Is not az
lowed to suggest other names or no"
tho voter shall vote IL the voter desires
20 vote for any other person than those
whose names appear upon the omcih
ballot he has the right TO do so; but the
constable has no right TO suggest any
other names than those on the paiIoI
Nor can or should ne be required to 10
more than what the statute requires.
II he does more he violates the law
and should be removed at the pleasure
OF the Judges, who should Immediately
appoint another who will discharge MS
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? Tho official
ballot And by pointing out to him the
names or name he may wish to strike
out.
III the voter is physically unable by
reason Of dimness Of eyeslght or palsied
| hand to strike out the name or Names
| the constable can. under the clause or
otherwise aid him in preparing his bal
| lot" strike out the name or names, IN
| my opinion.
'If the voter IS totally blind. the con-
stable shall prepare said ballot 1or sau
| elector. in accordance with the instruc-
tons OF said elector. This Is the only
kind OF voter for whom the constance
can or shall prepare a ballot. In accord
| anne with instructions OF the voter III
| the voter can see and has the physicai
| ability TO strike out the name pointed
| out by the constable, he. the voter, must
| strike out. and not the constable III the
| constable prepares the ballot lot any
| voter. and assists him who can read anu
write and has eyesight and the use OF
| bie hands sufficient to enable the voter
| IN preDare his own vote. he violates the
| law. If he does more than read the haihe
! or names OF the several candidates, anu
| the Offices which are to be Noteu ior'
| over to a man that is educatiohii'y uh-
able to read and point out to him the
name or names of such as he desires TO
strike out. he violates the law. provided
| such voter has eyesght, and the use OF
his arms and hands sufficient TO cnapie
| him 10 strike out the names or such per
| sons as he does not wish TO vote lor'
| "Tha testimony In this cause having
| made II clear that the constable did pre-
mare the ballots Of large nufnoer Oh
! voters who were physically apie 10 pr
pare their ballots themselves inc
! constable had read the name or names
| over and pointed them out the said voter
which he Uhe said voter desired TO strike
| ont. and he did this. regardless as to
| whether said voters were educationaIy
| or otherwise unable to prepare their own
ballots That he not only did this. but ne
r-4Dared these ballots in accordance win
| The instructions received by him from
| these slips Of paper. or ballots many OF
which. according 10 his own testimony
| he received from the voters OUTSIDE
of the booths and before the salo voters
| had received the official ballot from lhe
| Judges OF election. All Of which, in my
oninion was in utter disregard Of law.
! ,-nfch. coupled with the irregularities frst
ntioned. and the fact that the com
/ rrissloners appointed by the Mayor, as
the testimony, in my opinion, shows, were
appointed after it was known ana under
| sliced that they would refuse TO allow the
constable appointed by the Electoral
| Board to act, vtiates the poll and that
| the whole election Is undue and Illegal
and should be set aside and new cleo
! ton ordered and held
1t will be observed that 1t was not
| the law, but the utter disregard OF the
| law" which caused all OF the trouble at
buchanan.
1t would be well TOT All our o''|ei'
| Of election and all of our committeeman
| in Richmond and every other city or Viz
ginia. and in all OF the counties OF our
| State. 10 study the new law carefully be-
| fore the day Of the election, so that all
| of its provisions may be carried out with
| exactness and promptness.
In some counties it seems not TO be
| known that the law authorizes more than
| one booth at precincts where 1t Is likely
| that one booth will not suffice to enable
| the voters 10 vote as rapidly as Is neediul.
|