Allen v. State Board of Elections
Decision Date | 02 May 1967 |
Docket Number | Civ. A. No. 5041. |
Citation | 268 F. Supp. 218 |
Court | U.S. District Court — Eastern District of Virginia |
Parties | Richard ALLEN, Lena W. Dunn, Washington Moore, McKinley Dunn, Nora Tyler, James Gilbert Tyler, Fannie M. Brown, Patrick H. Brown and James Donikens, Plaintiffs, v. STATE BOARD OF ELECTIONS, Mark Grizzard, Forest Lankford, Benjamin Griffin, Robert E. Garnett, J. S. Lipscomb, Thomas Brown and Paul Bell, Defendants. |
S. W. Tucker, and Harold Marsh, Hill, Tucker & Marsh, Richmond, Va., Jack Greenberg, and James M. Nabrit, III, New York City, for plaintiffs.
Robert Y. Button, Atty. Gen., of Virginia, and R. D. McIlwaine, Asst. Atty. Gen., Richmond, Va., H. Benjamin Vincent, Commonwealth's Attorney for Greensville County, Emporia, Va., William C. Carter, Commonwealth's Attorney for Cumberland County, Cumberland, Va., and William R. Blandford, Powhatan, Va., for defendants.
Before BRYAN and WINTER, Circuit Judges, and BUTZNER, District Judge.
MEMORANDUM OF THE COURT
The plaintiffs, registered voters who are unable to spell accurately or to write legibly, attempted to cast their votes for a write-in candidate in the 1966 congressional election. Each pasted a sticker, upon which the write-in candidate's name was printed, on the official ballot under the names of listed candidates and appropriately marked the ballot immediately preceding the sticker. These ballots were not tabulated for the write-in candidate. Upon these undisputed facts, the plaintiffs seek a declaratory judgment that the Fourteenth Amendment's equal protection clause and the Voting Rights Act of 1965 (42 U.S.C. § 1973 et seq.) invalidates § 24-252, Code of Virginia 1950, insofar as this section denies to any voter, solely because of his inability to write, the privilege of casting a secret ballot for a candidate whose name is not printed on the official ballot. The plaintiffs pray that the defendants be enjoined from refusing to count any vote because the candidate's name was inserted on the official ballot by means other than the voter's handwriting. We conclude that the relief sought by the plaintiffs should be denied.
Pertinent provisions of the Virginia Constitution are:
Section 24-252, Code of Virginia 1950, provides:
The propriety of stickers is a matter for legislative, not judicial determination. Arguments for and against their use abound. Stickers have been lauded for facilitating voting and denounced as conducive to fraud and confusion. Their use has been approved under statutes permitting write-ins. Pace v. Hickey, 236 Ark. 792, 370 S.W.2d 66 (1963); O'Brien v. Board of Election Comm'rs, 257 Mass. 332, 153 N.E. 553 (1926); Dewalt v. Bartley, 146 Pa. 529, 24 A. 185, 15 L.R.A. 771 (1892); State on Complaint of Tank v. Anderson, 191 Wis. 538, 211 N.W. 938 (1927). Illinois forbade their use, Fletcher v. Wall, 172 Ill. 426, 50 N.E. 230, 40 L.R.A. 617 (1898), and the constitutionality of this ban has been upheld. Blackman v. Stone, 101 F.2d 500, 504 (7th Cir. 1939).
The plaintiffs' contention that § 24-252 violates the Fourteenth Amendment because it discriminates against illiterates is not supported by authority. To the contrary, exclusion of illiterate persons from voting, if no other discrimination is practiced, does not violate the Fourteenth Amendment.
In Lassiter v. Northampton Election Bd., 360 U.S. 45, 51, 79 S.Ct. 985, 990, 3 L.Ed.2d 1072 (1959), the Court said:
Lassiter warns that "* * * a literacy test, fair on its face, may be employed to perpetuate that discrimination which the Fifteenth Amendment was designed to uproot." 360 U.S. 53, 79 S.Ct. 991. No evidence has been presented that Virginia's prohibition of stickers has been administered in a discriminatory manner. It has not been used to disfranchise any class of citizens. We conclude that § 24-252 does not violate the Fourteenth Amendment by discriminating between literate and illiterate voters.
The equal protection clause of the Fourteenth Amendment and the Fifteenth Amendment are not the only standards by which state legislation governing the franchise must be measured. State laws affecting the right of suffrage must not contravene "* * * any restriction that Congress, acting pursuant to its constitutional powers, has imposed." Harper v. Virginia Bd. of Elections, 383 U.S. 663, 665, 86 S.Ct. 1079, 1081, 16 L.Ed.2d 169 (1966); Katzenbach v. Morgan, 384 U.S. 641, 86 S.Ct. 1731, 16 L.Ed.2d 828 (1966). The plaintiffs urge that requiring...
To continue reading
Request your trial-
Allen v. State Board of Elections Fairley v. Patterson Bunton v. Patterson Whitley v. Williams 36
...any matter * * *.' 79 Stat. 438, 42 U.S.C. § 1973b(c) (1964 ed., Supp. I). 15 See Appendix, infra. 16 Allen v. State Board of Elections, 268 F.Supp. 218 (D.C.E.D.Va.1967). The District Court ruled that the requirement that write-in votes be in the voter's own handwriting was not unconstitut......
-
Commonwealth of Virginia v. United States
...Amendment and the Voting Rights Act. After the district court held that the handwriting requirement was not a "test or device," 268 F.Supp. 218 (1967), the Supreme Court reversed and remanded on other grounds, holding that a memorandum concerning voter-assistance procedures did not fall wit......
-
Kibbe v. Town of Milton
...are convinced that "[t]he propriety of stickers is a matter for legislative, not judicial[,] determination." Allen v. State Board of Elections, 268 F.Supp. 218, 220 (E.D.Va.1967), vacated on other grounds , 393 U.S. 544, 89 S.Ct. 817, 22 L.Ed.2d 1 (1969). Pursuant to RSA 659:65, II(b), the ......
- MISSOURI-ILLINOIS RAILROAD COMPANY v. United States