Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1895-04-23
The Con,tabIc and the Voter.

IAMi II ~ -NlAi' - hN''+
To the Editor of the Dispatch:
In view of the recent decision Of our
Court Of Appeals touching the Walton
election law, VIII you please answer the
following questions:
/. When applied to by any qualified
elector entitled to ask the assistance OF
the special constable is ii not the duty
| of said constable 10 prepare the voters
ballot or see that the voter prepares the
ballot himself so that 1t will be counted
| FOR the candidate FOR whom the said
elector wishes to vote?
2 Can the constable, after finding 70.
whom said elector has cast his ballot,
and during said election. or afterwards,
| by any means whatsoever, disclose 10
others for whom said elector has cast
his ballot without subjectlng himself 20
prosecution and punishment for so doing
| trust you Will answer these questions
frankly. | think II you will do 80 IL will
go a long way towards securing that
which the Court of Appeals so plainly
| stated was the object OF the Walton
| election law--to-wit., honest elections,
and what you and all OF us desire.
Respectfully, W. C. FRANKLIN.
We think the following extracts from
the opinion Of the court answer our corr
respondents queries:
1.-THE act provides in the 18th section
that, AT the request of any eiector In
the voting-booth who may be physically
or Internationally unable to vote, the said
special constable may render him assist
ance by reading the names and offices
on the ballot and pointing out to him the
name or names he may wish 10 strike
out or otherwise aid him in preparing
his ballot. In case said elector he blind
said special constable shall prepare said
ballot for said elector In accordance with
the instructions OF said elector.
Let us examine somewhat more in de-
tail the duties Of constable. lie is ar
officer charged with duty 10 the public
of the gravest and most delicate ma
ture. a duty In the performance of which
the whole Commonwealth, and not alone
the individual voter who seeks his as
sistance in the preparation Of his ballot,
Is vitality interested. for nothing more
nearly concerns the Commonwealth thar
that each OF her citizens shall cast an
intelligent ballot which. when cast,
shall be honestly counted. Under such
circumstances we may declare with cons
fidence that the word may as used in
the 18th section of this statute, is always
construed as mandatory. and not az
merely permissive or directory
without doubt the primary meaning
of may is permissive or directory, Will,
the primary meaning OF shall is man.
datory or imperative. yet courts. In order
to accomplish what 10 them appears to
be the leading purpose OF the Legisla>
ture, have never hesitated In a proper
case 10 hold may TO be manda tory ana
shall TO be merely directory Thes-
rules of construction are too elementar.
and well established 10 need any cita.
ton in support OF them. Nothing Is bet
ter established than that where a power
or duty Is conferred upon an official by
the use of the word may and IN,
public are concerned In the due per-
Torrance OF that duty. the word may
will be deemed TO be mandatory, and the
officer can be compelled TO perform IT,
Such being the case, II Is the duty OF
the special constable 10 render to him
who Is blind or unable by defective edu.
cation TO read. every assistance asked
for and required by the eleotor TO ala
him In preparing his ballot.
1.-The vote by ballot ex vi term!ni implie,
secret ballots The secrecy OF the bal
lot is right which inheres In the voter.
and OF which he cannot. against his will,
be lawfully deprived. II must be. how>
ever. In some degree subordinate TO the
right 10 vote by ballot. OF which IL is bur
n part. and the main object. which IA
the right TO vote. must not be defeated
by = too rigid observance OF the Incl.