Richmond times-dispatch. [volume] (Richmond, Va.) 1914-current, 1920-04-03
VOTE ON POLL. TAX
RECEIPTS TUESDAY
Delay of Treasurer in Posting
Voters List Brings Ruling
From Hank.
NO CORRECTIONS POSSIBLE
Assistant Attorney-General De-
cides Payment of Tax by
December S Sufficient.
NO CORRECTIONS POSSIBLE

Delay In making up the lists Of
qualified voters having rendered iu-
possible q strict compliance with mo
letter of the election law. Democrats
may cast their ballots in the city nri
mary on next Tuesday simply bv ,x.
hibitinS receipts showing thcv have
pad their poll taxes for the wears
l?l1. 1918 and i9l.
ordinarily. the only conclusive cyi-
dencc OF mans right TO participate,
~ a primary election or regular cleo
t'on Is the inclusion Of his name in
a corrected list OF those who have
qualified by paying their capitation
taxes Tor the requisite number OF con
secutivc years. certified by the Ct-
Treasurer ana revised. If there are
corrections to be made. by order or
the Hust.ngs Court.
an Corrections Possible.
No corrections have been possible
Eichmond. The first lists of quaIi-
iicd voters, certified by Treasurer
James B. Pace. We're being sent out
Tor posting n tho various election
precincts on!y late Yesterday after
noon. II there are mistakes. the voter
viii not have time 10 take the matter
UP N the way prescribed by law for
proper correction.
This situation. bringing dut oppo-
site constructions Of the law. yesterday
prompted John L. Ingram. Secretary
to the City Electrical Board. To ask
Assistant Aitorney-Gcncrai Josiah y.
Hank for an opinion covering this
point.
MIR. Hanks conclusion. after a care
iul study of the law, follows:
AS the lis: which the law makes
"cnclusire evidence cannot be fur
nished III. judges by the date or the
N r n 1r.~f n NJ -,
that. in case the name Of person
Offering 10 vot. does not appear upon
the certified list furnished The judges
Of election. he may prove his right To
vote on June S. and thereby his right
I" vote in the primary, by produc-
ing his tan receipts. showing that ne
iias paid. Oh or before December 5.
1919, all poll taxes assessed or asses
sable against him for the years 1917.
1913 and 1919
Mistake of OmrinI.
II do not believe that either the
Constitution or the Acts of Assembly
contemplated deprivinr citizen of
his vote because of tho mistake OF
officer, when he has had no rea-
sonablc opportunity TO correct such
mistake, and my opinion is sustained
by the act itself, which says. The
provisions OF this chapter q. a., the
primary law) shall be literally con-
strued. so that the viii of the cleo
tors may not be defeated by any in
formality."
Both the Constitution and the Code
of Virginia provide that the Treas
urer of each city shall, al least five
months before the second Tuesday III
June. file with the clerk Of the Cor
poration Court of his city. list OF
all persons in the city who have paid,
not later than six months prior to
NO. ,nI lDy .n ~ "a "a -
poll taxes required by the constitu-
tion during the three years next pre-
ccdins that in which such election is
to be held. The clerk. within ten
days OF the receipt Of the list. is re-
quircd TO deliver TO the Sheriff one
copy Cor each voting precinct IN the
city. and the Sheriff is required 10
post the same without delay and
within ten days of the receipt there
OF, at each voting precinct.
Requirements OF Law Positive.
The law provides further that.
within thirty days after the list has
been posted. any person whose name
is omitted from the certified list may.
after five days notice to the Treas
urer apply TO the Corporation Court
of the city TO have the same cor
rected and his name entered thereon.
and. il il he decided that his name
was improperly omitted. the judge
snail enter an ordcr TO that c1cct
and the clerk shall correct the list
furnished him by the Treasurer. ac-
cordingly. and deliver a certified copy
of such corrected list TO the judges
of election at the precinct at which
the voter is registered.
1T is clear. therefore" Mr. Hank
says. that the list which must he
furnished by the clerk TO the judges
of election is the list as corrected by
the court under the provisions Of sec
tion ITO, and this is the only list
which is made conclusive of the facts
therein stated"
Under the law. Treasurer Pace
should have sent the lists OF those
who paid poll taxes to Clerk Walter
Christian at least by January s. and
those lists should have been posted
by January Is. Between that time
and February rs. persons whose
names had been improperly omitted
could have notified the Treasurer and
taken the matter up with the IIust- !
inEs Court for correction.