Correspondence from Baxley to Ezell
Correspondence
April 4, 1972

Cite this item
-
Case Files, Bozeman & Wilder Working Files. Correspondence from Baxley to Ezell, 1972. 13eb01c3-ee92-ee11-be37-6045bdeb8873. LDF Archives, Thurgood Marshall Institute. https://ldfrecollection.org/archives/archives-search/archives-item/9486cd98-e5a7-41ad-96ad-45a0b09b6164/correspondence-from-baxley-to-ezell. Accessed April 27, 2025.
Copied!
a\ APRTL, MAY, JUNE, lg7?_YoL.l47 April 4, lg?2 Honorable E. Mark Ezell Judge of Probate Choctaw County Court House Butler, Alabama 36g04 Voters - Assistance to Illiterate Voters. Illiterate voters can have the assistance of any person they choose in casting their ballots and a single indivi- dual can legally assist more than one illiterate voter during the same election if ehosen by more than one such voter. Opinion by Assistant Attorney General yung. Dear Judge Ezell: Reference is made to your letter ol March 31, lg?2, wherein you reguest an opinion of this oflice rvhich is as follows: "rn the past, several questions have arisen concerning assistance to illiterate voters during elections. Mr. Herbert Nation, a per- son whom I conslder an expert on election laws, says that a person, poll official or otherwise, may assist more than one illiterate voter durlng an election so long as said person ts vor- untarily chosen. Another source indicates that a person can only assist one llliterate voter during an election. personally, it does not matter to me which method is used, however, we do want to eliminate any confusion antl conduct uniform, fair and honest elections. "Accordingly, we rvould certainly appreciate your official opinion on the following questions: Whether or not a voter in Alabama, who is illiterate or cannot read or write or for some reason does not understand the ballot, can have assistance inside the voting booth from any person that the voter may voluntarily choosg even though such person chosen by the voter may have: previously assisted other such voters during the same election, i.e., if a person assists one such voter, is he barecl from helping other such voters? Does the person rendering such service have to be a poll official?" The answer to your first question is in the affirmative ancl the answer to your second question is in the negative. The pertinent code provision of general elections is Title l?, section 176, code of Alabama 1940, Recompiled 1958, rvhich provides that illit- erate voters may have the assistance of ,,any person he may select', in casting his ballot. The pertinent Code provision for primary elections is Title l?, Section 359, and although lhis section provides that illiterate 1 I i I I ; I ATT ' v "tivo insPector-s-'" it is the 'Hilfr{*#ffi":r*"1$:J"r fou"g Rights Act or rvou ar ""- ^ _^***cp ol the Denrocratic Party **t+l**m'*.fji'ih:"i},$'.. j'l:;l.ff I'"# j*i::s *t'-*l"Hg**,mru.;ur*'..*..i I t I I I I I Sincerely' WILI,TAII J. BAXI'EY Attorney Generar -- APril 18' 19?2 Honotable Bernartl A' Reynolds "-"Juaee of Probate'""5i,e"",ff;"11"::HjTrHl unrorm Filing Tax - J'udees of Probate' - Taxation - Comrirercial Code' **$*i**s*',* tTg* Opinion by Assistant Attorneys General' Davts Dear Judge Reynolds: ro 1o?1^ and subsequent *.."ff if $it*."ttr:::,;ffi1#,',:*',il1'J'l,nJJ;3i"'"*"' \ I i