South Carolina and in North Carolina, except for the period from 1760 to 1776, the ballot was used.
The viva voce system was introduced early in the history of Virginia, and is implied in the phrase “major part of voices” used in 1624[1] and in 1646 this method was made compulsory. In 1785 it was provided by law that if the election could not be determined by the view, the poll should be taken.[2] The sheriff obtained a sufficient number of writers, who were put under oath to take the poll impartially. The sheriff delivered a poll-book to each writer, who, by drawing lines, divided the book into as many columns as there were candidates. The name of each candidate was written at the head of a column, and under his name in the same column, the names of the electors voting for him.
In The End of An Era, J. S. Wise gives a picture of the viva voce scheme in operation:
In those days, voting was done openly, or viva voce, as it was called, and not by ballot. The election judges, who were magistrates, sat upon a bench with their clerks before them. Where practicable, it was customary for the candidates to be present in person, and to occupy a seat at the side of the judges. As the voter appeared, his name was called out in a loud voice. The judges inquired, “John Jones (or Smith), for whom do you vote?”—for governor, or whatever was the office to be filled. He replied by proclaiming the name of his favorite. Then the clerks enrolled the vote, and the judges announced it as enrolled. The representative of the candidate for whom he voted arose, bowed, and thanked him aloud; and his partisans often applauded.[3]
This method of voting was entirely public, and, even to a greater extent than the unofficial ballot, opened the way to bribery and intimidation. Its use was abandoned by North Carolina[4] in 1776, Maryland[5] and Georgia[6] in 1799, Arkansas[7] in 1846, Missouri[8] in 1863, Virginia[9] in 1867, and Kentucky[10] in 1890. In the other southern states the viva voce method of voting was not used.[11]
- ↑ McKinley, Suffrage Franchise.
- ↑ Virginia R.C., 1814, I, 28.
- ↑ J.S. Wise, The End of an Era, pp. 55–56.
- ↑ North Carolina Constitution, 1776, secs. 2, 3.
- ↑ Maryland Constitution, 1799, Art. VI, sec. 2.
- ↑ Prince Digest (Ga.), 1822, p. 130.
- ↑ English Digest (Ark.), 1848, ch. 61, sec. 30.
- ↑ Missouri G.S., 1866, ch. 2, secs. 12, 14.
- ↑ Virginia Constitution, 1867, Art. III.
- ↑ Kentucky Constitution, 1890, sec. 147.
- ↑ The ballot has been used in South Carolina since 1683 (McKinley, Suffrage Franchise, p. 141). The ballot was adopted by Tennessee in 1796 (Constitution, Art. III, sec. 3); by Louisiana in 1812 (Constitution, 1812, Art. VI, sec. 13); by Alabama in 1812 (Digest, 1823, p. 267); and by Florida in 1828–33 (Duval, Public Acts, 1839, pp. 340, 343–44).
