Spirit of Jefferson. [volume] (Charles Town, Va. [W. Va.]) 1844-1948, 1900-05-15
THE PRIMARY AND THE Law
APPLYING.

"A 4RNNIr
Inasmuch as there has been SO
much diversity of opinion relative
to the details of handling the ballots
on election day, we publish below.
at the request of the Chairman of
the Executive Committee, the three
sections of the code, to which refer
ence is made in the call, and the
opinion of five of the prominent mem
bers of the local bar interpretating
the same:
PREPARATION AND DISTRIBUTION OF BALLOTS.
Sec 80. Excepting municipal elections, it
shall be the duty of the board of ballot com
mlssioners for each<county to provide print
ed ballots for every election for public Off
ces in which the voters or any of the voters
| within the county participate, and cause to
be printed, on the appropriate ballot, the
name of every candidate whose name has
been certified to or filed with the clerk of the
circuit court for the county in the manner
provided for in this chapter. The printing
of the ballots, and all other printing caused
to be done by the board of ballot commits
siOners, shall be contracted tor with the low
est responsible bidder Ballots other than
those caused to be printed by the respective
boards of ballot commissioners, according
to the provisions of this chapter, shall not
be cast,received nor counted in any election.
l.
provisions OF this chapter shall be printed
on white paper of uniform size, of the same
quality, and sufficiently thick that the
printing cannot be distinguished from the
back, and shall contain the name and resi-
dence of every candidate whose nomination
for any office has been certified or filed ac-
cording to the provisions of this chapter, and
no others. The names of all candidates
nominated by each political party, respect
lively, shall be printed upon the ballots in
columns, one column for each political par
Il ty, each column containing the names of
candinateS nominated by the same political
party, and no others; and the candidates
shall be arranged in groups, under the des-
ignation OF the Offices for which they are
respectively nominated. At the head of
each column OF political party nominations,
shall be printed in clear bold type, the
name of the political party Tor principle)
) which the candidates represent, AS contained
in the certificates of nominations: and sub
headings may be placed over each group to
indicate the political division for which the
: respective groups are to be elected. Imme-
diately after the name of each candidate,
except candidates for electors of president
; and vice-president of the United States,
there shall be left blank space between
that and the next name, or whatever is
printed thereon, of at least one-half inch
A voter desiring to erase the name of any
candidate from the ballot he intendsto vote,
or to vote for any other candidate or person
in his stead. may strike the name so printed
on said ballot therefrom, and write in the
blank space next following the name of the
candidate or person for whom he so desires
to vote. But if he fails to strike from said
ballot the name printed thereon, the name
written in said blank shall alone be counted
, as to said office. The several ballots to be
voted at any election shall be printed side
by side on the same sheet of paper, the dem
ocratic ballots on one side thereof and the
republican ballots on the other, and the
other ballots 1T any, between them, with one
blank line between each of them, and all
candidates or persons voted for by and vo-
ter shall be those whose names are printed
or written as aforesaid, thereon, and every
other ballot on the same sheet of paper shall
be defaCed by drawing one or more lines,
with pen and ink from the top to the bot
tom thereof, or across the heading thereof.
or in any other way indicating that the same
had not been voted by the voter. But if
more than one OF said ballots have nothing
on them to indicate which of them was so
voted, then neither of them shall be counted.
ELECTION ROOMS, SHELVES OR TABLES AND
COMPARTMENTS.
} Sec. 49, The county court in each county,
before each election, shall secure in each
voting precinct in the county, a suitable
room or building in which TO hold the cleo
ton. and shall cause the same to be suitably
provided with sufficient number of boot his
or compartments, each containing a table
counter or shelf and furnished with proper
supplies for preparing the ballots, at or in
which voters may conveniently prepare
their ballots, SO that in the preparation
thereof! they may be secuI ed from the OBJ.
servation of Others, and guard rail shall
be so constructed and placed about said
building that only such persons as are inside
said rail can approach within five feet of the
ballot boxes while the votes are being taken
and no person either inside or outside of
said guard rail shall approach nearer than
i've feet to any booth or compartment while
the election is being held. except the voters
to prepare their ballots, or the poll clerks
when called on by voter to assist in the
preparation of his ballot. The number of
mr. ,rN 20, -1
less titan two nor more than five, and no
person other than election officers and yo-
tiers engaged IN receiving, preparing or de-
posting their ballots shall be permitted to
be within said rail, except by authority OF
the commissioners of election for the pur-
pose OF keeping order and enforcing the law
We have examined that part o.
the general election law, consisting
of section So and subsequent section
and section As of chapter 3, adopted
by the Executive Committee in the
call for the coming primary election.
and in our opinion there is no.hing
contained in said sections or in said
call, prohibiting the chairman or
secretary of said committee, or the
election commissioners from giving
to any voter OF candidate any mum
Der of tickets that he may request
for his purpose, and that any of said
tickets may be prepare for voting
outside of the election room, if done
outside of the 60 foot limit prescrih
ed in the call, and when voted will
be legal ballots. The names of poll
clerks need not be written on any
ballot, but it is the duty of the com
missioners to refuse to count Gny
ticket that is different from the bal
lots furnished them by the chair
man or secretary of the committee
ID. b. LUCAS,
GEO. BAYLOR,
j. F. ENGLE,
CLEoN MOORE.
u ID. GIBSON
STATE OF ONO. CITY OF TOLEDO
LUCAS COUNTY. S.
! >FRANK j. CHENEY makes oath tint he is
| the senior partner of the firm off. j. CHRNEY
| " Co., doing business in the City of Toledo,
| County and State aforesaid. and that said firm
will pay the sum of ONE HUNDRED DOL
| LARS Tor each and every case OF Cqtarrh that
cannot b. cured by the use ofHALLsCAT, RRH
CURE. FRANK j. CHENEY.
Sworn to before me and subscribed i'm nv
presence. this 9th day of December. A. d 1896.
| ()- a. w. GLEASON.
| SEAL Notary Public