Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1894-10-28
THE ELECTION LAW.
EXTRACTS FROM JUDGE slMMoNs'S
OPINION IN The BUCHANAN CASE.
r,r,ara,ions M TO the Duties OF Constables
and How Electors Shall Noto--An
Important Decision.
The Fincastle IIerald.)

IA the app.oaching election ~ 70 De
held under the Walton law. and the
method OF voting under that law Is some
what novel and not familiar 10 our peo-
ple. we give below some extracts from
Judge Slmmons's opinion rendered In the
Buchanan case. recently decided by him.
Passing upon tie duties of the constaoie'
he said;
"The duties Of the constable are clearly
defined In the 18th section OK the wal
ton law, which Is TO read the names OF
the candidates for the several offices u
be voted for at the election being held
an are printed on the official ballot. the
Only ballot allowed TO be carried INTO or
from the booth TO be deposited IN tle
ballOt-box.
The constable. under fines and penal
tics. Is not allowed 70 suggest other
names. II the voter desires to vote Tor
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 10 suggest any other name
than Is on that ballot. Nor can or should
he be required t. do more than what
the statute requires. II he does more
he violates the law. ana should be re-
moved at the pleasure OF the judges
who should Immediately appoint another
vko Will discharge his duties as the Ia"
directs.
'Who and what class Of voters IS the
constable TO assist? Those who are elu-
catlonally or physically unable 10 VOC
How? by reading the names an1 oflces
on the ballot. What ballot? the Or
fetal ballot; and pointing out to him the
N.a lf
70 strike out.
"If the voter il physically unable by
reason OF dimness Of eyessht or
ps,sied hand. TO strike out the name or
names, the constable can. under IN"
clause COR otherwise aid him In prepaf-
ing his ballot strike out the names.
III the voter is totally blind the con-
stable shall prepare said ballot for sala
elector In accordance with the insuuc-
ticns OF said elector.
."rhls 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 SOC ana has the physi-
ca ability to strike ont the name pointed
out by the constable. he the voter
strikes out, ana not the constable. C7ee
Sec IL
IF the constable prepares the ballot
I'm, oh,
Io' any -. ,,d ho, o,.osigb, and the
r'uu or VII @,'I e.,'~c,s-, - enable the
,.eter 10 ' nrepare his own vote. he violates
the law.
"If he docs more than read the name
~ ,o,,.s ~ The several candidates and
Tho oficss Tor which they are % b. voted,
Gov oyer IN a man that IS educatloIl.ly
,,rotta n rad and polnt out - him the
49, - ~ such a. ne desires 70
niIdo VI 49, ,-.(i,tes The law provided
hu' i' 49, - c,.es,yh, and The use OF
-. arms AMI hands sufficient 10 enable
H., ., w.. s,ri,'e an, ,sc names Of such per-
Hli" - -. 80, ,,.rsb 20 v,tn for"
> ~, ~ az - ~ ,,o,ino the time Above /
u" ,l r,-l-ir,,ion If ballot ana voting,
,o' 49,, p,..rai+,. for violating the provi.
- - car,sin sections should be tho
,o,irblv understood by all voters.
T-vcant I'm CATS OF challenges. etc, no
r.r-on other than the elector Offering to
vote save the judges Of election and
clerks allowed by law. shall be within
fortv feet ~ the ballot-box
Every o'ector qualified % vote At n
nrecinct snail. w-nen he 50 demands be
furnished wish m. -Gc.al ballot by one
81 the Judges Of election. selected for that
duty by "a majority OF -he judges present ,
CThr said elactor shall then take the "a