The times. [volume] (Richmond, Va.) 1890-1903, 1895-05-23
Why Voter Nay Show his Ballot to the
.lulrre OIL L ecfInn

Judges OF Election.
TO the Judges and Consfabics of Flee
ton.
Gentlemen. SO much has been write
ton and said about tho duties 90 Doe per-
formed by YOU that 4 give you the f0i
lowing statement of The laN.
The oath of the Judges is-'l do SOLE
EMMY swear that 1 VIII perform tAc due
ties of judge OF election according t0
Jaw and 20 the best Ol my ability. and
that 1 Will studiously enleavOr to prevent
fraud, deceit. and abuse il couluctins
thls election See Code lh,l section
us. This oath is also taken hy the
clerks of election, and The requirement
OF the oath Us not only that tne judges
and clerks shall discharge their own due
ties properly, but also "stuliolsly enc
deavOr not to permit fraud. deceit. and
abuse in others. I'm the prosecution of
the Smithers precinct cases. the nIlct-
mcnts charged In some of the counts that
the judges violated their oath criminally
by failing 20 use proper efforts to pre-
vent frauds i'm the conduct of others.
Section h of the Walton Jaw adds q
new officer 90 the machinery OF eicc-
ti0ns. tO-Wit-the special constable, "who
shall be an honest and discreet man"
IL there are any reasons known 10 ue
judges why the constable appointed by
the electoral board should nor act the
judges are expressly empowered 90 re-
move him. Ina fact. the judges are cm-
power 20 remove the constable "al pleas
ure.' and appoint his successor immediate
ly. See section IL of the Walton law.
The Walton law expressly provides the
duties to Dee performed by the special
constable, which the Court of Appeals BOD
the recent case of Pearson. cic SIS. The
Board OF Supervisors. n southeastern
Reporter pp. 49, is5. has construed as
follows. 1T is the duty of the special
constable TO render 10 him the voter,
who Is blind. or unable. by defective edu-
cation. 20 read every assistance asked FOR
and required by the elector 10 aid him
IN preparing his ballot"
Section l6 of the Walton law provides
1T shall be the duty of the judges of
election 20 see that the provisions Of this
act are strictly carried out" The pro-
vision prescribing the duties Of the con-
stable being "a provision of the act." IL
is expressly the duty OF the judges 20
see, as tar as they can, that the con-
stable performs his duty.
Therefore, If the voters who have 10 De
assisted hy the constable bring their ball
lots open 20 the judges of election. and
request the judges 90 See whether the
constable has properly discharged his du-
ties il is obviously the duty OF the judges
90 inspect the ballots and see that they
are prepared In accordance with the wish
es of the voters, and the judges cannot
properly decline 10 do so.
1 would not be understood as saying that
IL is the duty OF the judges 20 prepare the
ballot or 20 tell the voter how 10 prepare
IL. These are the constable's duties BUT
il is the duty OF the judges. when re-
Quested 10y such voters. % see that the
constable has discharged his duties. They
should not permit the voter 10 be either
defrauded or DISTINGUISHED. II the voter
asks 10 be protected hy them, and vol
UNFAIRLY shows them his ballot. for the
purpose OF enabling them 10 see whether
the law is complied with by the con-
stable.
10 thus appears that the judges are 10
great extent responsible Tor the hon
esty OF elections.
There can be no doubt that the voter
may. as a matter Of his own yolition.
show his ballot 10 the judges Under
our theory OF secret voting the voter
cannot becompelled 20 show his ballot.
but he always has the right 10 show the
contents OF his ballot whenever he
chooses TO DO so. and especially when.
as IN the present case. he does SO for
the protection OF his right OF suffrage.
The word shall" IN section II OF the
Walton law. IN the sentence He Uhe
voter SHALL fold said ballot. :. and
hand the same 10 the judges OF cleo
ton" is merely directory. Jus, as the
word may" In section Is Is mandatory.