Fabrice:

(1) Yes, one can solve the problem by saying that the voter is not
"dead", within the meaning of the statute, since one can say that the
statutory prohibitions against counting dead voter votes, applies only
to those voters who are dead at the time the vote is cast, not to those
voters who are dead at the time the vote is counted. This is the
statutory interpretation question that I mentioned quite briefly in my
basic message.

(2) As for voter confidentiality, this depends on the details of
administration. For example, to preserve confidentiality, one needs to
open a bunch of envelopes before one unfolds the ballots, perhaps
shuffle a bit, and then unfold the ballots. There are a thousand details
that can be relevant to this inquiry. So a short Yes or No in response
to this part of your message is risky.

Best wishes,          Lash /


Lewis Henry LaRue
Washington and Lee University
School of Law
Lexington,  VA  24450-0303

email: laruel@wlu.edu
phone: 540-458-8513
fax: 540-458-8488