University of Virginia Library

Pair Wins
Voting Suit

Circuit Court Judge Lyttelton Waddell
Tuesday ruled favorably upon a petition
challenging an Albemarle County voting
requirement for University students and
their wives.

A student's right to register and vote
depends on whether or not he plans to
return home following graduation according
to Judge Waddell.

John R. Fitzpatrick, a University law student,
and his wife filled suit last month. They
intend to remain in Albemarle "permanently"
following studies at the University. Their petition
challenged a required voting affidavit
stating that fact.

The judge noted that the fact that a person
is a student should not bar him from establishing
residency. This is true although new university
students do not necessarily gain a residency
when they move to Albemarle County.

Jack N. Kegley, county voting registrar, said
yesterday he did not know whether Judge
Waddell's ruling would be appealed by the
county's electoral board.

Mr. Fitzpatrick stated that he had been
paying Virginia state taxes since 1969 when he
had his name removed from the Nassau County,
N.Y., voting rolls. He also pays in-state tuition
at the University.

The judge's ruling automatically registered
the Fitzpatricks in the courthouse precinct
although registration books closed Oct. 3.