The times. [volume] (Richmond, Va.) 1890-1903, 1896-11-01
THE LAW INTERPRETED },
RIGHTS AND PRIyILEGES OF 70
TIERS FULLY SET TORTH.
Judge to Assist votcfs-Haw Far the Bal
lot Is sscrct--A Voter May
Legally Expose IL,

Sixteen Of Vnginias most distinguish
cd lawyers. after "A careful examination
Of the Virginia election law, render tho
subJoined opinion:
We. the undersigned attorneys
practicing In the courts OF the Common
wealth Of Virginia. having carefully con-
sidered the various provisions Of the
election law OF the State of Virginia
known as the Parker bill, approved
March 4. 1916. are OF opinion as follows.
JUDGE TO ASSIST VOTER.
Under the provisions OF section Il Of
said act IL is the sworn duty OF the
Judge designated TO assist illiterate Vot-
ers IN tho exercise of their SURFACES, 10
himself properly mark the ballot Oh any
voter requesting him so to Go. either upon
the ground That he Is physically or
''educationdlly unable to prepare his bal
lot" Said section Is express in It's de-
claration that not only should the Juoso
read the names on the ballet ana poiH'
out those TO be stricken out, but that ne
must otherwise aid him in preparing
the ballot" This has oeen so ccterin1"c~
in the opinion of the supreme Court "a
APPEALS OF our own State see PEARSON,
ct ais, VS. Board OF Supervisors oi
brunswick county. ct els, 81 va. ~.
HOW VOTER MUST EXPRESS HIS
DESIRE AS TO HIS BALLOT.
We are also of the opinion that uhder
the present election law, tLeIe may 20
names OF candidates upon II" Daii0'
without a voters knowledge Of such can
did4cy until he procures the oinclh oal-
lot; therefore, an iihteTate or Dhhu No'ci
cannot know all the names necessary 10
be scratched in order 10 make ms Vose
legal ballot At is, therefore manifest
that the voter need only inform the judge
he has requested to prepare MS baiiol
CT the names of the candidates he de-
sires to vote for, when II becomes the
duty of such judge. under the law 10
scratch off the names of all other can
dldates on such ballot than those deslg-
mated by the voter TO remain.
HOW FAR THE BALLOT is SECRET
We are furthermore OF the opinion
that tho secret or the ballot belongs TO
the individual voter. but the privilege OF
holding this secret does not deprive him
OF the freedom Of speech manifested in
declaration of how he proposes TO vote,
or how he has voted We. therefore. hold
that the voter may announce publicly
on obtaining his ballot, CT at any other
time. for whom he desires that ballot to
be arranged, so that he may vote for
the candidates Of his choice
EXPOSING THE BALLOT.
Section 70 Of the Parker bill aforesaid
requires the voter to fold his ballot and
hand IL TO the judge Of election who
shall place tho same in the b8llot-box
This section does not require him TO fold
his ballot until after lie has left the
booth. and is IN the presence OF the
judge of election who is to receive and
deposit II. We hold that he may expose
his ballot before folding It, to any per-
son near enough 10 see its contents. and
that such exposure is a legal method for
the detection Of possible fraud.
ALEXANDER HAMILTON.
Petersburg. Va;
f. p. BUFORD.
Brunswick county, Va;
SAMUEL G. BRENT.
Alexandria, Va.
A. s. SEGAR,
r. S. THOMAS.
Isle Of Wight county, Va;
w. A. LITTLE. Jr..
Fredericksburg. Va;
A. c. GARRETT.
Newport News, Va:
JOHN II. LEWIS.
Lynctburg, Va;
c. !. CARRINGTON.
Nelson county. Val
r. II. RAWLES,
Suffolk Va;
J. A. TRTDWAY.
Pittsylvania county. Va.
WILLIAM J. WHITEHURST,
Norfolk Va.
WM. L. ROYALI.
Richmond, Va.
BARTON II. WISE.
Richmond, Va.
". p. DeSAUSSURE.
Richmond. Va;
A. p. GUrGON.
Richmond, Val