The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1913-12-13
DECIDES WHO MAY
VOTE FOR SENATOR
Acknowledgement Williams Rem
ders Opinion on Disputed
Point in Election Law.
STILL HAS GRAVE DOUBTS
Constitutionality OF Ward Law
on Special Elections Is
Doubtful.

Although he admits that some doubt
exists as TO the meaning OF the law
Attorney General Samuel w. Williams
has decided In the case Of the special
election TO be held In Roclbridrc ana
Bedford Counties and the city of Bucna
Vista for IL State Senator to succeed
Judge John Randolph Tucker, that the
clerks must furnish lists OF voters, ana
that such additional voters as are
otherwise eligible, but whose names do
not appear on such lists, shall also be
permitted TO vote. While questioning
the constitutionality of the Ward law
governing special elections the Attor-
ncy-Gcncral points out that the Senate
itself Il, the sole Judge of the election
and qualification OF it's own members
wcalth's Attorney II. Z. Ruckcr. OF
Buena Vista. in regard to the right
OF persons to vote in tho special cleo
ton on January s, Judge Williams has
rendered the following opinion:
Text of Opinion.
After considering the matter. / am
answering your letter of tho 9Th In
slant. in which you ask for my opinion
as to the qualifications to vote in the
special election TO be held on January
i. 1914. for the election OF q Senator
from the Twenty second Senatorial
District. to iii the vacancy occasioned
b. the resignation Of Senator Tucker.
which special election has been called
b. the Governor.
The Constitution itself only pre-
scr!bes in terms the qualification of
voters at regular elections. and does
not In terms prescribe the oual.hca-
tons for special elections. The Code,
Section CO. prcscribes the qualifications
Of voters at general elections. and in
doing SO. followed the provisions o:
the Constitution. This section OF the
Code was amended by the act approved
February %, 1908. commonly known as
the Ward law. which does provide for
the qualification of voters at special
elections. And the Code. Section l0a,
provides the time for holding general
elections. Section 10 OF tho Code de-
fnes what Is Il special election. and
prescribes that an election 20 supply
vacancies in any office IL Il special
election. Section 62. as amended, and
Section 10 being in pari materia. must
be construed together. from which /
conclude. and am of the opinion, that
Section CO Of the Code. as amended. ap
plies 10 and controls the question as to
the qualifications of voters in the spe-
Cial election for the election OF SEN
ator In your district. ana that all
voters who come within the provisions
Of Section 90 or the Code. as amended
tthe Ward law). are entitled to vote at
said election.
Doubts ITS Constitutionnlity.
Some doubt has been expressed rs
to the constitutionaiity Of the Ward
la ". as TO the election of officers named
in the Constitution. but waive this
question for the reason that the Sen
nte under the Constitution is the sole
Judge or tho election and qualification |
Of It's OWE members.
LAS TO the second question PROFOUND
ed in your letter this presents |
moro serious difficulty. and cannot |
ind any specific statute which in |
terms seems 10 provide for the ener-
sency which has been created In tho !
-asa OF this special election But my
solution OF il on general principles is
hat the situation should be met by |
equiring the clerk. under Clause 5. OF |
section So &. to furnish the judges OF
election a list of voters. and, of course
ne can only furnish IL rs II exists In
his Office. And This leaves open the !
question as 10 that class Of voters not |
on the list furnished by the clerk.
ana who are otherwise qualified 10
vote, but have not paid their capita
lion taxes in time to be PUT on said
list. but who have paid their taxes
within the time prescribed in Section |
y OF the Code as amended think !
hey should be allowed to vote: and II |
he right Of this class of voters to
toto Is challenged. then said challenge /
mould be determined by the judges In /
ne way and manner provided for In
section lo7 OF the Election Laws.
Il arrive at these conclusions with
some doubt and difference. but think /
hey arc sound on general PRINCIPLES.
md present the only reasonable solu-
Ion or the difficulty. and give tho
'leht to every qualified voter to take
'art In the election I think n liberal
construction of the Constitution and
avs warrant the conclusions"
CIIhEnAI nr