The Dickenson County herald. [volume] (Clintwood, Va.) 1927-1930, 1927-10-27

L. Id q FOCSIs WIZ 10 1NctlAA
led in all respects to vote an
who has voted by mail or de
livered his ballot in persol
to his registrar, authorized
under the absent voters law
to appear at the polls on ell
ection day, demand a ballo
from the election judges ant
vote in person, at the sam.
time requesting the election
officials to mark his mai
ballot, or the ballot he de
livered to the registrar,
Rejected, ETC., as the law in.
dicates? Does his mail vote
bind him entirely on election
day?
"2. Is a voter entitled tc
vote by mail, or by deliver
ing his ballot to his regist-
rar, on his exploitation of
being absent from his pre-
cinct, when in fact he is at
his polls or anywhere in his
precinct on election day; in
other words what effect
does the presence of the
voter, who has mailed his
ballot, or delivered it to the
registrar previous to the e.
lection day, in his own pre-
cinct on election day have on
his mail ballot, or delivered
ballot? Can a voters ballot
be counted as an absent
voters ballot, when in fact
he is present in his precinct
on election day?
4 will appreciate very much
an early reply to this letter.
I am besieged every day
with requests for my official
Interpretation of these quest
ions, and I feel that the bit.
terness already engendered
in our campaign requires
an immediate, unbiased, and
complete understanding of
these questions.
In response to the quest
ons submitted by you, l am of
he opinion that a voter, who
las obtained his ballot as an a.
osent voter, even though pre-
9nt at the precinct on the day
If election, is not entitled to
new ballot. Having exercised
1is right to vote as an absent
voter, he cannot be heard to de
nand the right to vote as be-
ng present on the day of elect
on.
In 1928, Hon. C. r. McCorkel.
he Commemorative Attorney
IF Wise County, requested a
similar opinion from me. The
voter in the case referred to by
1im having obtained a ballot
rom the registrar, expecting to
De absent on the day of election,
marked and returned it as re-
1uired by law; but having later
discovered that he would be
present on the day of election,
ne applied to Mr.. McCorkle for
advice. and, in RESPONSE to Mr..
McCorkle's request that I give
him my opinion / did so. In that
opinion I said report of the
Attorney-G General, 1923-1925,
p. 1907:
"In my Judgment, as soon
as the ballot is marked and
deposited in the mail, that
is equivalent to having voted,
SO far assthe elector is con-
cerned."
A similar opinion was also ex-
by me on November 8,
1922, III an opinion given to Mr..
w. W. Dennis, of Pearisburg,
Virginia report of the At
torney-General, 1922-1923, p,
1887.
If you will examine sections
211, PIP, 213 and 214 of the
Code, as amended, you will see
from these sections that the re-
gistrar on receipt of a ballot
must dey3osit the envelope con
tanning the ballot unopened ir
a sealed box, in which it must
be kept until the day of elect.
ion. This box must be delivered
by him on the day of election t.
the judges, for which the regis
trar receives a receipt. On tht
morning of the day of election
on which the ballots are to b.
offered, the registrar is fequir
ed to post a true copy OF thu
lists of the names and address
es of all persons, who have APP
piled for ballots as absent vot
ers, in a conspicuous place a
tha noIlipO rfaca of his nrnciu