Year: 1869

SENATE BILL NO.100


A Bill amending the general election


law.


Be IL enacted by the Legislature Of Wesi


Virginia, At every election held under
the laws of this State, the ballot box shall
the votes were received until the count
ing of the vote shall be completed, and
any person voted for at such election
and properly demeaning himself shall
be permitted to be present at such
counting.


The above bill was introduced by
Senator HENRY G. DAVIS, of Mineral
county. In the discussion which pre-
ceded it's passage, Senator DAVIS sup
ported the bill by extended argument,
showing in the first place its fairness
and its justice. 1t impaired the rights
of neither candidates nor voters; it
offered no hindrance to the popular will,
but merely provided for securing the
true results of elections by the people.
1t should be remembered that the ballot
is one of the most sacred rights of the
freeman. Through it he exercised his
influence in the control of the Govern
ment. Let his voice be heard, and
so far as his own vote could
protect him, he received protection.
Deprive him of that voice, leave the
ballot-box unprotected, and allow his
will to be defeated through tricks
which defective law rendered possible
and his vote was a mere farce, his suf-
frage existed but in name.


The Legislature was empowered and
sworn to protect the rights of the peo-
pie, and in that duty should be reckoned
that of guarding the ballot-box against
all possible frauds and corruptions. A
severe ordeal now preceded the exercise
of the elective franchise. Before men
could vote, they must pass the most
careful examinations of the Registrars.
After they had done this, it was hard
that their wishes should fail Of proper
through improper and frau
dulent counts. When our voters areregis.
tered and declared, by the severest tests,
worthy to exercise the right of suffrage,
they ought in right and justice TO have
the guarantee contained ia this bill,
count which their own candidates
might be permitted to see was correct.


As it was certain that the bill could
do no harm, it was highly probable that
it might be productive of great good.
In this State, as in all States, unfit men
may obtain control of the ballot-box as
officers of election. In other States
such men frequently perpetrated the
greatest frauds. If they should medi-
tate such wrongs in this State, this bill
would render their corruption impossi-
BILE.


The Senator would not charge the
majority with desiring anything but
the utmost fairness in elections. New
ertheless, if they were in the minority.
they would surely advocate such meas
ures as would insure them protection
in giving expression to their political
will, and now they should not shrink
from doing as they would be done by.
If there were any who from mere con-
sciousness of strength would insist upon
defeating this measure, he would re-
mind them of the instability of partisan
power. Changes may come; the minor
ity of today may become the majority
of tomorrow, and the precedents set
now may then be followed, and curses
like chickens may come home to roost.


In conclusion, the Senator illustrated
the importance of the bill by citing
instances within his own knowledge,
where ballot boxes had bsen carried
miles from the place of voting, the
votes counted at the leisure of the Off
GERS, aud, according to public opinion,
the returns fixed up to suit the wishes
of those having charge of the count,
rather than to express the will of the
people. To guard against all possibility
of fraud, and to hedge about the ballot
box with every needed defence, he
urged the passage of the bill.


At the conclusion of his remarks the
bill was passed and now gees to the
House for concurrence.