' JK 1963 UC-NRLF SB 22 b3b ff&L X/irginia Election Laws IN EFFECT JUNE 18, 1922 ISSUED BY B. O. JAMES Secretary of the Commonwealth Compiled by C. H. MORRISSETT Director of the Legislative Reference Bureau QQ O O O RICHMOND: DAVIS BOTTOM, SUPERINTENDENT OP PUBLIC PRINTING 1922 Virginia Election Laws IN EFFECT JUNE 18, 1922 ISSUED BY B. O.. JAMES Secretary of the Commonwealth Compiled by C. H. MORRISSETT Director of the Legislative Reference Bureau RICHMOND: DAVIS BOTTOM, SUPERINTENDENT OF PUBLIC PRINTING 1922 Virginia Election Laws COMMONWEALTH OF VIRGINIA, OFFICE OF THE SECRETARY OF THE COMMONWEALTH, RICHMOND, VA., June 18, 1922. The following election laws, compiled from the Constitution and Code of Virginia, as amended to date, are published pri- marily for the information of officers engaged in conducting elections and ascertaining and certifying their results. This publication also contains the act approved March 20, 1920, ex- tending the right of suffrage to women. With reference to elec- tions in cities and towns, it should be noted that only the more important provisions of the Code are inserted. , Secretary^ o/ t it \: I :/: : the Commonwealth. Sections of the Constitution of Virginia Sec. 18. Qualifications of voters. Every male citizen of the United States, twenty- one years of age, who has been a resident of the State two years, of the county, city, or town one year, and of the precinct in which he offers to vote, thirty days, next preceding the election in which he offers to vote, has been registered and has paid his State poll taxes, as hereinafter required, shall be entitled to vote for members of the General As- sembly and all officers elective by the people ; but removal from one precinct to another, in the same county, city or town shall not deprive any person of his right to vote in the precinct from which he has moved, until the expiration of thirty days after such re- moval. Sec. 19. Registration of voters; who are entitled to register prior to 1904. There shall be general registrations in the counties, cities and towns of the State during the years nineteen hundred and two and nineteen hundred and three at such times and in such manner as may be prescribed by an ordinance of this Convention. At such registrations every male citizen of the United States having the qualifications of age and residence re- quired in section eighteen shall be entitled to register, if he be: First. A person who, prior to the adoption of this Constitution, served in time of war in the army or navy of the United States, of the Confederate States, or of any State of the United States or of the Confederate States ; or, Second. A son of any such person ; or, Third. A person, who owns property, upon which, for the year next preceding that in which he offers to register, State taxes aggregating at least one dollar have been paid ; or, Fourth. A person able to read any section of this Constitution submitted to him by the officers of registration and to give a reasonable explanation of the same ; or, if unable to read such section, able to understand and give a reasonable explanation thereof when read to him by the officers. A roll containing the names of all persons thus registered, sworn to and certified by the officers of registration, shall be filed for record and preservation, in the clerk's office of the circuit court of the county, or the clerk's office of the corporation court of the city, as the case may be. Persons thus enrolled shall not be required to register again, unless they shall have ceased to be residents of the State, or become disqualified by sec- tion twenty-three. Any person denied registration, under this section shall have the right of appeal to the circuit court of his county, or the corporation court of his city, or to the judge thereof in vacation. Sec. 20. Who may register after 1904. -After the first day of January, nineteen hun- dred and four, every male citizen of the United States, having the qualifications of age and residence required in section eighteen, shall be entitled to register, provided: First. That he has personally paid to the proper officer all State poll taxes assessed or assessable against him, under this or the former Constitution, for the three years next preceding that in which he offers to register ; or, if he come of age at such time that no poll tax shall have been assessable against him for the year preceding the year in which he offers to register, has paid one dollar and fifty cents, in satisfaction of the first year's poll tax assessable against him ; and, Second. That, unless physically unable to make application to register in his own handwriting, without aid, suggestion, or memorandum, in the presence of the registration officers, stating therein his name, age, date and place of birth, residence and occupation at the time and for the two years next preceding, and whether he has previously voted, and, if so, the State, county, and precinct in which he voted last; and, Third. That he answer on bath any and all questions affecting his qualifications as an elector, submitted to him by the officers of registration, which questions, and his answers thereto, shall be reduced to writing, certified by the said officers, and preserved as a part of their official records. Sec. 21. Conditions for voting. Any person registered under either of the last two sections, shall have the right to vote for members of the General Assembly and all officers elective by the people, subject to the following conditions : That he, unless exempted by section twenty-two, shall, as a prerequisite to the right to vote after the first day of January, nineteen hundred and four, personally pay, at least six months prior to the election, all State poll taxes assessed or assessable against him, under this Constitution, during the three years next preceding that in which he offers to vote ; provided, that, if he register after the first day of January, nineteen hun- dred and four, he shall, unless physically unable, prepare and deposit his ballot without aid, on such printed form as the law may prescribe, but any voter registered prior to that date may be aided in the preparation of his ballot by such officer of election as he himself may designate. M144281 4 Virginia Election Laws Sec. 22. Payment of poll tax by veterans of Civil War not prerequisite to their right to vote: when payment of poll tax enforced. No person who, during the late war between the States served in the army or navy of the United States, or the Confederate States, or any State of the United States, or of the Confederate States, shall at any time be required to pay a poll tax as a prerequisite to the right to register or vote. The collec- tion of the State poll tax assessed against any one shall not be enforced by legal process until the same has become three years past due. Sec. 23. Persons excluded from registering and voting. The following persons shall be excluded from registering and voting : Idiots, insane persons and paupers ; persons who, prior to the adoption of this Constitution, were disqualified from voting, by conviction of crime, either within or without this State, and whose disabilities shall not have been removed ; persons convicted after the adoption of this Constitution, either within or with- out this State, of treason, or of any felony, bribery, petit larceny, obtaining money or property under false pretenses, embezzlement, forgery, or perjury ; persons who, while citizens of this State, after the adoption of this Constitution, have fought a duel with a deadly weapon, or pent or accepted a challenge to fight such duel, either within or with- out this State, or knowingly conveyed a challenge, or aided or assisted in any way in the fighting of such duel. Sec. 24. Who not deemed to have gained legal residence. No officer, soldier, seaman, or marine of the United States army or navy shall be deemed to have gained a residence as to the right of suffrage, in the State, or in any county, city or town thereof, by rea- son of being stationed therein ; nor shall an inmate of any charitable institution or a student in any institution of learning be regarded as having either gained or lost a resi- dence, as to the right of suffrage, by reason of his location or sojourn in such institution. Sec. 25. Directions Tto General Assembly in regard to registration and transfers. The General Assembly shall provide for the annual registration of voters under section twenty, for an appeal by any person denied registration, for the correction of illegal or fraudu- lent registration, thereunder, and also for the proper transfer of all voters registered under this Constitution. Sec. 26. Persons qualified to vote at next election shall be pdmitted to registration. Any person who, in respect to age or residence, would be qualified to vote at the next election, shall be admitted to registration, notwithstanding that at the time thereof he is not so qualified, and shall be entitled to vote at said election if then qualified under the provisions of this Constitution. Sec. 27. Method of voting All elections by the people shall be by ballot ; all elec- tions by any representative body shall be VIVA VOCE and the vote recorded in the journal thereof. The ballotbox shall be kept in public view during all elections, and shall not be opened, nor the ballots canvassed or counted, in secret. So far as consistent with the provisions of this Constitution, the absolute secrecy of the ballot shall be maintained. Sec. 28. Ballots. The General Assembly shall provide for ballots without any di^- tinguishing mark or symbol, for use in all State, county, city, and other elections bv the people, and the form thereof shall be the same in all places whe*-e any such election is held. All ballots shall contain the names of the candidates, and of the offices to be filled, in clear print and in due and orderly succession ; but any voter may erase any name and insert another. Sec. 29. Privileges of voters during elections. No voter, during the time of holding any election at which he is entitled to vote, shall be compelled to perform military fp~v- ice, except in time of war or public danger ; to attend any courts as suitor, juror, or wit- ness ; and no voter ehall be subject to arrest under any civil process during his attend- ance at election or in going to or returning therefrom. Sec. 30. General Assembly may prescribe property qualification for voting in county, city or town elections. The General Assembly may prescribe a property oualification not exceeding two hundred and fifty dollars for voters in any county or subdivision thereof, or city or town, as a prerequisite for voting in any election for officers, other than the members of the General Assembly, to be wholly elected by the voters of such county or subdivision thereof, or city, or town ; such action, if taken, to be had upon the initiative of a representative in the General Assembly of the county, city or town affected ; provided, that the General Assembly in its discretion may make such exemptions from the opera- tion of said property qpalifications as shall not be in conflict with the Constitution of the United States. S^c. 31. Electoral boards; appointment and composition; powers and duties of; who ineligible. There shall be in each county and city an electoral board, composed of three members, appointed by the circuit court of the county or the corporation court of the city, or the judge of the court in vacation. Of those first appointed, one shall be appointed for a term of one year, one for a term of two years, and one for a term of three years ; and thereafter their successors shall be appointed for the full term of three years. Any vacancy occurring in any board shall be filled by the same authority for the unexpired term. Virginia Election Laws Each electoral board shall appoint the judges, clerks, and registrars of election for its county or city ; and, in appointing judges of election, representation as far as possible shall be given to each of the two political parties which, at the general election next preceding their appointment, cast the highest and next highest number of votes. No person, nor the deputy of any person, holding any office or post of profit or emolu- ment, under the United States government, or who is in the employment of such govern- ment or holding any elective office of profit or trust in the State, or in any county, city, or town thereof, shall be appointed a member of the electoral board, or registrar, or judge of election. Sec 32. Qualifications of officers and of notaries public. Every person qualified to vote shall be eligible to any office of the State, or of any county, city, town or other sub- division of the State, wherein he resides, except as otherwise provided in this Constitu- tion, and except that this provision as to residence shall not apply to any office elective by the people where the law provides otherwise ; and except, further, that the requirements of this section as to residence and voting qualifications shall not apply to the appointment of persons to fill positions under a municipal government requiring special technical or professional training and experience. Men and women eighteen years of age shall be eligible to the office of notary public and qualified to execute the bonds required of them in that capacity. Sec 33. When terms of officers to begin and end. The terms of all officers elected under this Constitution shall begin on the first day of February next succeeding their election unless otherwise provided in this Constitution. All officers, elected or appointed, shall continue to discharge the duties of their offices after their terms of service have expired until their successors have qualified. Sec. 34. Oath prescribed. Members of the General Assembly and all officers, executive and judicial, elected or appointed after this Constitution goes into effect, shall, before they enter on the performance of their public duties, severally take and subscribe the following oath or affirmation : "I do solemnly swear (or affirm) that I will support the Constitution of the United States, and the Constitution of the State of Virginia ordained by the Convention which assembled in the city of Richmond on the twelfth day of June, nineteen hundred and one and that I will faithfully and impartially discharge and perform all the duties incumbent on me as , according to the best of my ability ; so help me God." Sec. 35. Primary elections, who may vote. No person shall vote at any legalized primary election for the nomination of any candidate for office unless he is at the time registered and qualified to vote at the next succeeding election. Sec. 36. General Assembly shall enact laws to regulate elections. The General As- sembly shall enact such laws as are necessary and proper for the purpose of securing the regularity and purity of general, local and primary elections, and preventing and punishing any corrupt practices in connection therewith ; and shall have power, in addition to other penalties and punishments now or hereafter prescribed by law for such offenses, to provide that persons convicted of them shall thereafter be disqualified from voting or holding office. Sec. 37. Voting machines. The General Assembly may provide for the use, through- out the State or in any one or more counties, cities, or towns, in any election, of ma- chines for receiving, recording, and counting the votes cast thereat ; provided, that the secrecy of the voting be not thereby impaired. Sec. 38. Duties of treasurers, clerks of county and corporation courts and sheriffs in regard to making, filing, delivering and posting list of paid poll taxes; how same cor- rected. After the first day of January, nineteen hundred and four, the treasurer of each county and city shall, at least, five months before each regular election, file with the clerk of the circuit court of his county, or of the corporation court of his city, a list of all persons in his county or city, who have paid, not later than six months prior to such election, the State poll taxes required by this Constitution during the three years next preceding that in which such election is held ; which list shall be arranged alphabetically, by magisterial districts or wards, shall state the white and colored persons separately, and shall be verified by the oath of the treasurer. The clerk, within ten days from the receipt of the list, shall make and certify a sufficient number of copies thereof, and shall deliver one copy for each voting place in his county or city to the sheriff of the county or ser- geant of the city, whose duty it shall be to post one copy, without delay, at each of the voting places, and, within ten days from the receipt thereof, to make return on oath to the clerk, as to the places where and dates at which said copies were respectively posted ; which return the clerk shall record in a book kept in his office for the purpose ; and he shall keep in his office for public inspection, for at least sixty days after receiving the list, not less than ten certified copies thereof, and also cause the list to be published in such other manner as may be prescribed by law ; the original list returned by the treasurer shall be filed and preserved by the clerk, among the public records of his office for at least five years after receiving the same. Within thirty days after the list has been so posted, any person who shall have paid his capitation tax, but whose name is omitted from the certified list, may, after five days' written notice to the treasurer, apply to the circuit court of his county, or corporation court of his city, or to the judge thereof in vacation, to have the same corrected and his name entered thereon, which application the court or judge shall promptly hear and decide. Virginia Election Laws The clerk shall deliver, or cause to be delivered, with the poll books, at a reasonable time before every election, to one of the judges of election of each precinct of his county or city, a like certified copy of the list, which shall be conclusive evidence of the facts therein stated for the purpose of voting. The clerk shall also, within sixty days after the filing of the list by the treasurer, forward a certified copy thereof, with such correc- tions as may have been made by order of the court or judge, to the Auditor of Public Accounts, who shall charge the amount of the poll taxes stated therein to such treasurer unless previoutly accounted for. Further evidence of the prepayment of the capitation taxes required by this Constitu- tion, as a prerequisite to the right to register and vote, may be prescribed by law. Sec. 173. State, county, and municipal capitation taxes. The General Assembly shall levy a State capitation tax of, and not exceeding, one dollar and fifty cents per annum on every male resident of the State not less than twenty-one years of age, except those pensioned by this State for military services ; one dollar of which shall be applied exclu- sively in aid of the public free schools, in proportion to the school population, and the residue shall be returned and paid by the State into the treasury of the county or city in which it was collected, to be appropriated by the proper county or city authorities to such county or city purposes as they shall respectively determine ; but said State capitation tax shall not be a lien upon, nor collected by legal process from, the personal property which may be exempt from levy or distress under the poor debtor's law. The General Assembly may authorize the board of supervisors of any county, or the council of any city or town, to levy an additional capitation tax not exceeding one dollar per annum on every such resident within its limits, which shall be applied in aid of the public schools of such county, city or town, or for such other county, city or town purposes as they shall determine. SECTIONS OF THE CODE OF VIRGINIA. TITLE 6. Elections by the People. Ch. 9. Apportionment of representation. 10. The qualification and privilege of voters; how they are registered and how they vote. 11. Provisions concerning the payment of capitation tax as a pre- requisite to voting. 12. Elections of State, county, district and city officers, and the terms of their offices; filling vacancies. 13. General and special elections; when and where to be held; regula- tions for their conduct and government; compensation for services in elections. 14. Absent voters. 15. Primary elections. 16. Pure elections. 17. Contested elections. CHAPTER 9. Apportionment of Representation. Sec. Sec. 68. Election of United States Senators. 75. Their election and meeting when Con- 69. How vacancies are filled. * re88 Prescribes a different day. 70. Representation in Congress; apportion- 76. When and where electors convene; how ment therefor. vacancies supplied. 71. Each district to elect one representa- 77. Pay of electors. tive. 78. When members of the House of Dele- 72. How and when elected. ates elected; apportionment there- 73. Governor to ^ writg to fin vacan . _ 74. Electors for President and Vice-Presi- 80 - How , Senators elected; their terms of dent ; number thereof ; how and when office. chosen. 81. How vacancies in General Assembly filled. Virginia Election Laics Sec. 68. Election of United States senators. United States sena- tors, in the Congress of the United States for the State of Virginia shall be elected by the people thereof, at the general election held in November next preceding the expiration of the term of office of such United States senators. Such senators shall be chosen by the electors in this State, who are qualified to vote for members of the House of Delegates, in like manner, and in accordance with the law requiring the election of Governor and other State officers. At such election, the candidate receiving the highest number of votes shall be declared elected. (1914, p. 252.) Sec. 69. How vacancies are filled. When any vacancy shall occur in the representation of the State of Virginia, in the United States Senate, the Governor of this State shall issue a writ of election to fill such vacancy, said election to be held at the next succeeding November election; and such senator, so elected, shall hold such office for the unexpired term of the senator whom such person is elected to succeed, but the Governor may make a temporary appointment to fill such vacancy until the people fill the same by election, as hereinbefore required. (1914, p. 252.) Sec. 70. Representation in Congress; apportionment therefor. The cities of Newport News, Hampton, and Fredericksburg, and the counties of Accomac, Northampton, Lancaster, Richmond, Northumberland, West- moreland, Gloucester, Middlesex, Mathews, Essex, King and Queen, Caro- line, Spotsylvania, Elizabeth City, Warwick, and York, shall form the first congressional district. The cities of Norfolk, Portsmouth, and Suffolk, and the counties of Princess Anne, Norfolk, Nansemond, Isle of Wight, and Southampton, shall form the second congressional district. The cities of Richmond and Williamsburg, and the counties of Hen- rico, Goochland, Chesterfield, New Kent, Hanover, King William, James City, and Charles City, shall form the third congressional district. The cities of Petersburg and Hopewell, and the counties of Prince George, Surry, Sussex, Dinwiddie, Greensville, Brunswick, Mecklenburg, Lunenburg, Nottoway, Amelia, Powhatan, and Prince Edward, shall form the fourth congressional district. The city of Danville, and the counties of Pittsylvania, Henry, Frank- lin, Patrick, Carroll, Grayson, Halifax, and Charlotte, shall form the fifth congressional district. The cities of Roanoke, Lynchburg, and Radford, and the counties of Campbell, Bedford, Roanoke, Montgomery, and Floyd, shall form the sixth congressional district. The cities of Winchester and Charlottesville, and the counties of Frederick, Clarke, Warren, Rappahannock, Madison, Greene, Albemarle, Rockingham, Shenandoah, and Page, shall form the seventh congressional district. The city of Alexandria, and the counties of Loudoun, Fairfax, Prince William, Culpeper, Orange, Fauquier, Louisa, Stafford, Alexandria, and King George, shall constitute the eighth congressional district. The city of Bristol, and the counties of Lee, Scott, Wise, Dickenson, Buchanan, Russell, Washington, Smyth, Wythe, Pulaski, Giles, Bland, and Tazewell, shall form the ninth congressional district. The cities of Staunton, Clifton Forge, and Buena Vista, and the coun- ties of Augusta, Highland. Bath, Alleghany, Rockbridge, Amherst, Nelson, Appomattox. Buckingham, Fluvanna, Cumberland, Botetourt, and Craig, shall form the tenth congressional district. (Code 1887, 50; 1891-92, p. 348; 1906, p. 40; 1908, p. 638; 1912, p. 156.) 8 Virginia Election Laws Sec. 71. Each district to elect one representative.: Each of said dis- tricts shall choose one representative of this State in the Congress of the United States. (Code 1887, 51.) Sec. 72. How and when elected. Members of the House of Repre- sentatives of the United States shall be chosen by the qualified voters of the respective congressional districts, at the general election in No- vember, of the year one thousand nine hundred and twenty, and every second year thereafter, for the term of two years. (Code 1887, 52.) Sec. 73. Governor to issue writs to fill vacancies. Writs of election to fill vacancies in the representation of this State in the Senate and House of Representatives of the United States shall be issued by the Governor. (Code 1887, 53.) Sec. 74. Electors for President and Vice-President; number thereof; how and when chosen. There shall be chosen by the qualified voters of the Commonwealth, at the election to be held on the Tuesday after the first Monday in November, nineteen hundred and twenty, and at elections to be held on the Tuesday after the first Monday in November in each fourth year thereafter, so many electors for President and Vice-President of the United States as this State shall be entitled to at the time of such election under the Constitution and laws of the United States. Each voter may vote for one elector from each congressional district of the State, as the same shall be constituted and apportioned for the election of representatives in the Congress of the United States from this State at the time when such election shall be held, and for two electors from the State at large; and, if at the time of choosing electors, the law shall provide for one or more representatives from the State at large in said Congress, each voter may at such election vote for such number of electors from the State at large (in addition to the two hereinbefore provided for) as shall correspond with the number of such representatives at large, so that the whole number of electors to be chosen at any election shall always be equal to the whole number of senators and representatives to which the State may at that time be entitled in the Congress aforesaid. (Code 1887, 54.) Sec. 75. Their election and meeting when Congress prescribes a different day. If Congress shall determine on a different time for choos- ing electors, or appoint a different day for their meeting to give their votes, under the requirements of the Constitution of the United States, then the election shall be held and the meeting of the electors take place at such times, respectively, as shall be prescribed by authority of the United States. (Code 1887, 55.) Sec. 76. When and where electors convene; how vacancies supplied. Unless a different day be prescribed by authority of the United States, the electors shall convene at the capitol, in the city of Richmond, on the second Monday in January, after their election, at the hour of twelve o'clock noon of that day; and if there be any vacancy in the office of electors, occasioned by death, refusal to act, neglect to attend, or other cause, the electors present shall immediately proceed to fill by ballot, and by a plurality of votes, such vacancy in the electoral college; and when the electors shall appear, or the vacancies shall have been filled as above provided, they shall proceed to perform the duties required of such electors by the Constitution and laws of the United States. (Code 1887, 56.) Sec. 77. Pay of electors. Each elector shall be allowed the sum of four dollars per day while actually engaged in the discharge of his official duties, and the same mileage as is allowed to members of the General Assembly. (Code 1887, 57.) Sec. 78. When members of the House of Delegates elected; appor- tionment therefor. The members of the House of Delegates shall be elected on the Tuesday succeeding the first Monday in November, nine- Virginia Election Laws teen hundred and twenty-three, and biennially thereafter on the Tuesday succeeding the first Monday in November, and be distributed and appor- tioned as follows: Accomac shall have one delegate. Albemarle, Charlottesville and Greene shall have two delegates. Alexandria city shall have one delegate. Arlington shall have one delegate. Alleghany and Clifton Forge shall have one delegate. Amherst shall have one delegate. Appomattox and Buckingham shall have one delegate. Nottoway and Amelia shall have one delegate. Augusta and Staunton shall have two delegates. Bedford shall have one delegate. Bedford, Franklin and Floyd shall have one delegate. Botetourt and Craig shall have one delegate. Brunswick shall have one delegate. Cumberland and Prince Edward shall have one delegate. Campbell shall have one delegate. Caroline and King George shall have one delegate. Carroll shall have one delegate. Charlotte shall have one delegate. Chesterfield and Powhatan shall have one delegate. Clarke, Frederick and Winchester shall have one delegate. Orange and Madison shall have one delegate. Dinwiddie shall have one delegate. Elizabeth City, and the city of Hampton shall have one delegate. Fairfax shall have one delegate. Fauquier shall have one delegate. Franklin shall have one delegate. Giles and 'Bland shall have one delegate. Gloucester and Mathews shall have one delegate. Goochland and Fluvanna shall have one delegate. Grayson shall have one delegate. Halifax shall have two delegates. Hanover and King William shall have one delegate. Henrico shall have one delegate. Henry shall have one delegate. Isle of Wight shall have one delegate. King and Queen, Essex and Middlesex shall have one delegate. Lancaster and Richmond counties shall have one delegate. Lee shall have one delegate. Loudoun shall have one delegate. Louisa shall have one delegate. Lunenburg shall have one delegate. Lynchburg shall have one delegate. Rappahannock and Culpeper shall have one delegate. Mecklenburg shall have one delegate. Montgomery and Radford shall have one delegate. Nansemond and Suffolk shall have one delegate. Nelson shall have one delegate. Newport News shall have one delegate. New Kent, Charles City, James City, York and city of Williamsburg shall have one delegate. Norfolk city shall have four delegates. Norfolk county shall have two delegates. Princess Anne shall have one delegate. Northampton and Accomac shall have one delegate. Northumberland and Westmoreland shall have one delegate. Patrick shall have one delegate. Pittsylvania and Danville shall have three delegates. Petersburg shall have one delegate. 10 Virginia Election Laws Portsmouth shall have two delegates. Pulaski shall have one delegate. Richmond city shall have six delegates. Roanoke city shall have two delegates. Roanoke county shall have one delegate. Rockbridge and Buena Vista shall have 'one delegate. Rockbridge, Buena Vista, Bath and Highland shall have one delegate. Rockingham and Harrisonburg shall have two delegates. Page and Warren shall have one delegate. Russell shall have one delegate. Russell and Buchanan shall have one delegate. Scott shall have one delegate. Shenandoah shall have one delegate. Smyth shall have one delegate. Southampton shall have one delegate. Spotsylvania and Fredericksburg shall have one delegate. Stafford and Prince William shall have one delegate. Surry, Prince George and Hopewell shall have one delegate. Sussex and Greensville shall have one delegate. Tazewell shall have one delegate. Washington and Bristol shall have two delegates. Warwick and Newport News shall have one delegate. Wise shall have one delegate. Wise and Dickenson shall have one delegate. Wythe shall have one delegate. (Code 1887, 58; 1891-92, p. 56; 1901-02, p. 657; 1906, p. 84; 1910, p. 9; 1922, p. 223.) ) Sec. 79. Senatorial districts. The State shall be divided into thirty- six districts entitled to senators as follows: First. Accomac, Northampton and Princess Anne shall be entitled to one senator. Second. Norfolk city shall be entitled to two senators. Third. Norfolk county and Portsmouth shall be entitled to one sen- ator. Fourth. Amherst and Nelson shall be entitled to one senator. Fifth. Nansemond, Suffolk, Southampton and Isle of Wight shall be entitled to one senator. Sixth. Sussex, Surry, Prince George, Greensville, and the city of Hopewell shall be entitled to one senator. Seventh. Mecklenburg and Brunswick shall be entitled to one sen- ator. Eighth. Dinwiddie and Petersburg shall be entitled to one senator. Ninth. Amelia, Nottoway, Lunenburg, Prince Edward and Pow- hatan shall be entitled to one senator. Tenth. Halifax shall be entitled to one senator. Eleventh. Appomattox, Buckingham, Cumberland and Charlotte shall be entitled to one senator. Twelfth. Campbell and Lynchburg shall be entitled to one senator. Thirteenth. Pittsylvania, Danville, Henry and Patrick shall be en- titled to two senators. Fourteenth. Carroll and Grayson shall be entitled to one senator. Fifteenth. Washington, Bristol and Smyth shall be entitled to. one senator. Sixteenth. Scott and Lee shall be entitled to one senator. Seventeenth. Wise and Dickenson shall be entitled to one senator. Eighteenth. Buchanan, Tazewell and Russell shall be entitled to one senator. Nineteenth. Wythe, Bland, Giles and Pulaski shall be entitled to one senator. Virginia Election Laws 11 Twentieth. Bath, Craig, Botetourt, Alleghany and the city of Clif- ton Forge, shall be entitled to one senator. Twenty-first. Roanoke city and Roanoke county shall be entitled to one senator. Twenty-second. Roanoke city, Roanoke county, Franklin, Floyd, Montgomery, and Radford shall be entitled to one senator. Twenty-third. Rockbridge, Buena Vista and Bedford shall be en- titled to one senator. Twenty-fourth. Augusta, Highland, and the city of Staunton shall be entitled to one senator. Twenty-fifth. Rockingham, Harrisonburg, Page and Warren shall be entitled to one senator. Twenty-sixth. Frederick, Winchester, Shenandoah, and Clarke shall be entitled to one senator. Twenty-seventh. Albemarle, Charlottesville, Greene, and Fluvanna shall be entitled to one senator. Twenty-eighth. Fredericksburg, Spotsylvania, Louisa, Orange and Stafford shall be entitled to one senator. Twenty-ninth. Fauquier, Loudoun, Culpeper and Rappahannock shall be entitled to one senator. Thirtieth. Fairfax, Arlington, Alexandria and Prince William shall be entitled to one senator. Thirty-first. King George, Westmoreland, Northumberland, Lan- caster and Richmond county shall be entitled to one senator. Thirty-second. Caroline, King William, Hanover and Goochland shall be entitled to one senator. Thirty-third. King and Queen, Middlesex, Gloucester, Mathews, York and Essex shall be entitled to one senator. Thirty-fourth. Newport News, Elizabeth City and Warwick shall be entitled to one senator. Thirty-fifth. Henrico, Chesterfield, New Kent, Charles City, James City and the city of Williamsburg shall be entitled to one senator. Thirty-sixth. Richmond city shall be entitled to three senators. (Code 1887, 59; 1891-92, p. 56; 1901-02, p. 800; 1922, p. 463.) Sec. 80. How senators elected; their terms of office. Members of the Senate to represent each senatorial district of the State shall be elected on the Tuesday after the first Monday in November, ninteen hundred and nineteen, and every four years thereafter, for a term of four years, to begin on the second Wednesday in January succeeding their election. (Code 1887, 60; 1891-2, p. 59; 1901-2, p. 800; 1902-3-4, p. 540.) Sec. 81. How vacancies in General Assembly filled. When a va- cancy occurs during the recess of the General Assembly by the death or resignation of a member thereof, or when a member-elect to the next General Assembly shall die prior to its meeting, a writ of election to fill such a vacancy shall be issued by the Governor, and when such vacancy happens during the session of the General Assembly, of which the person so dying or resigning is a member, the writ shallbe issued by the Speaker of the House of Delegates, or by the President of the Senate, as the case may be. Such writ shall be directed to the sheriff of the county or sergeant of the corporation for which the election is to be held, or to the sheriffs and sergeants of the respective counties and cities composing the election dis- trict, or districts, for the election of senators or delegates, when the elec- tion is for such districts, but whenever any district is changed after the election of a delegate or senator, and the delegate or senator shall die, 12 Virginia Election Laws resign, or be removed from office, the election to fill the vacancy shall be held in the district as constituted when the said delegate or senator was elected. (Code 1887, 61; 1902-3-4, p. 540.) CHAPTER 10. The Qualification and Privilege of Voters; How They are Registered, and How They Vote. Sec. Sec. 82 . Qualifications and disqualifications of 98 . When voters registered ; duties of voters at general elections. registrars ; their pay. 83. Qualifications of voters at special elec- 99. Clerks to furnish registrars with tions. names of voters who have been con- 84 . Circuit court to appoint electoral boards ; victed of certain offenses ; their names terms ; vacancies ; board to appoint and the names of persons who have judges, clerks and registrars of elec- died to be struck from books. tion ; qualification. 100. Voter changing his residence may 85. Chairman and secretary. change his registration. 86. Appointment of registrars. 101. When boundaries of district changed, 87 . Meetings of boards ; quorum ; record qf how voter may change his registra- proceedings. tion. 88. Board to fill vacancy in office of regis- 102. Duty of registrars when bounds of trar ; may remove registrars, judges election districts changed. and clerks. 103. Appeal of person denied registration. 89. Pay or board. 104. Registrar to deliver books to judges 90 . New registration of voters. of election ; fine for failure. 91. Copy of registration books. 105. Registrar to be a conservator of the 92. When judges of circuit court to fill va- peace. cancies in board. 106. Disturbance of registrars; punishment 93. Who to be registered. therefor. 94. Secretary of Commonwealth to prepare 107. How registration books purged. and distribute books for registration. 10S. Preservation of the permanent regis- 95 . Registration oath. tration rolls ; transfer of voters on 96. Oath of registrar; his pay. said rolls; copy to be used with same 97. Registrar ineligible to office. effect as the original. Sec. 82. Qualifications and disqualifications of voters at general elec- tions. Every male citizen of the United States twenty-one years of age, who has been a resident of the State two years, of the county, city or town one year, and of the precinct in which he offers to vote thirty days next preceding the election, in which he offers to vote, has been duly regis- tered, and has paid his State poll taxes, as required by law, and is other- wise qualified, under the Constitution and laws of this State, shall be en- titled to vote for members of the General Assembly, and all officers elec- tive by the people, but removal from one precinct to another in the same county, city or town, shall not deprive any person of his right to vote in the precinct from which he has moved, until the expiration of thirty days from such removal but the following persons shall be excluded from regis- tering and voting: Idiots, insane persons and paupers; persons who, prior to the adoption of the Constitution, were disqualified from voting by con- viction of crime, either within or without the State, and whose disabilities shall not have been removed; persons convicted after the adoption of the Constitution, either within or without this State, of treason, .or of any felony, bribery, petit larceny, obtaining money or property under false pretenses, embezzlement, forgery or perjury; persons who, while citizens of this State since the adoption of the Constitution, have fought a duel with a deadly weapon, or sent or accepted a challenge to fight such duel, either within or without this State, or knowingly conveyed a challenge, or aided or assisted in any way in the fighting of such duel, and no officer, soldier, seaman or marine of the United States army or navy, shall be deemed to have gained a residence as to the right of suffrage in the State, or in any county, city, or town thereof by reason of his being stationed therein nor shall any inmate of any charitable institution, or a student in Virginia Election Laws 13 any institution of learning, be regarded as having either gained or lost a residence as to the right of suffrage, by reason of his location or sojourn in such institution. (Code 1887, 62; 1902-3-4, p. 526; 1904, p. 213; 1908, p. 83.) Sec. 83. Qualifications of voters at special elections. The qualifica- tions of voters at any special election shall be such as are hereinbefore prescribed for voters at general elections, but at any such special election, held before the second Tuesday in June in any year, any person shall be qualified to vote who was so qualified at the last preceding regular Novem- ber election, or who is otherwise qualified to vote, and has personally paid, at least six months prior to the second Tuesday in June of that year, all State poll taxes, assessed or assessable against him during the three years next preceding that in which such special election is held, and at any such special election, held on or after the second Tuesday in June in any year, any person shall be qualified to vote who is or was qualified to vote at the regular election held on the Tuesday after the first Mondav in November of that year. The term "special election" as used in this section shall be deemed to include such elections as are held in pursuance of any special law, and also such as are held to fill a vacancy in any office, whether the same be filled by the qualified voters of the State, or of any county, city, magisterial district, or ward. (Code* 1887, 62; 1902-3-4, p. 526; 1904, p. 213; 1908, p. 83.) Sec. 84. Circuit court to appoint electoral boards; term; vacancies; board to appoint judges, clerks and registrars of election; qualification. There shall be in each county and city an electoral board, composed of three members, who shall be appointed by the circuit court of the county or the corporation court of the city, or the judge of the court in vacation. The three members of the board who are in office when this Code takes effect, shall continue in office until their respective terms expire, to-wit, March first, nineteen hundred and nineteen; March first, nineteen hundred and twenty, and March first, nineteen hundred and twenty-one. During the month of February in each year, as the terms cxf the members of the board shall respectively expire, their successors shall be appointed for a term of three years. Any vacancy occurring in any board shall be filled by the same authority for the unexpired term. The term of the electoral boards appointed under this section shall commence on the first of March next succeeding their appointment. The members of said board shall qualify before the first of March next succeeding their appointment by tak- ing and subscribing the oaths reauired to be taken by county and city officers. Each electoral board shall appoint the judges, clerks, and regis- trars of election for its city or county, including the towns therein; and in appointing judges of election, representation, as far as possible, shall be given to each of the two political parties which, at the general election next preceding their appointment, cast the highest and next highest num- ber of votes. No person, nor the deputy of any person, holding any office or post of profit or emolument under the United States government, or who is in the employment of such government, or holding any elective office of profit or trust in the State, or in any county, city or town thereof, shall be appointed a member of the electoral board or a registrar or iudge of election. (Code 1887, 64; 1893-4, p. 782; 1899-00, p. 843; 1902-3-4, p. 562.) Sec. 85. Chairman and secretary. The said board shall elect one of their number chairman and another secretary. (Code 1887, 65; 1902-3-4, p. 563.) Sec. 86. Appointment of registrars. It shall be the duty of the elec- toral board of each city and county, prior to the first day of April, nine- teen hundred and twenty and every alternate year thereafter, to appoint a registrar for each electoral district, of their respective counties and cities, who shall be a discreet citizen and resident of the election district in and 12 Virginia Election Laws resign, or be removed from office, the election to fill the vacancy shall be held in the district as constituted when the said delegate or senator was elected. (Code 1887, 61; 1902-3-4, p. 540.) CHAPTER 10. The Qualification and Privilege of Voters; How They are Registered, and How They Vote. Sec. Sec. 82 . Qualifications and disqualifications of 98 . When voters registered ; duties of voters at general elections. registrars ; their pay. 83. Qualifications of voters at special elec- 99. Clerks to furnish registrars with tions. names of voters who have been con- 84 . Circuit court to appoint electoral boards ; victed of certain offenses ; their names terms ; vacancies ; board to appoint and the names of persons who have judges, clerks and registrars of elec- died to be struck from books. tion ; qualification. 100. Voter changing his residence may 85. Chairman and secretary. change his registration. 86. Appointment of registrars. 101. When boundaries of district changed, 87 . Meetings of boards ; quorum ; record qf how voter may change his registra- proceedings. tion. 88. Board to fill vacancy in office of regis- 102. Duty of registrars when bounds of trar ; may remove registrars, judges election districts changed. and clerks. 103. Appeal of person denied registration. 89. Pay or board. 104. Registrar to deliver books to judges 90. New registration of voters. of election; fine for failure. 91. Copy of registration books. 105. Registrar to be a conservator of the 92. When judges of circuit court to fill va- peace. cancies in board. 106. Disturbance of registrars; punishment 93. Who to be registered. therefor. 94. Secretary of Commonwealth to prepare 107. How registration books purged. and distribute books for registration. 108. Preservation of the permanent regis- 95 . Registration oath. tration rolls ; transfer of voters on 96. Oath of registrar; his pay. said rolls; copy to be used with same 97. Registrar ineligible to office. effect as the original. Sec. 82. Qualifications and disqualifications of voters at general elec- tions. Every male citizen of the United States twenty-one years of age, who has been a resident of the State two years, of the county, city or town one year, and of the precinct in which he offers to vote thirty days next preceding the election, in which he offers to vote, has been duly regis- tered, and has paid his State poll taxes, as required by law, and is other- wise qualified, under the Constitution and laws of this State, shall be en- titled to vote for members of the General Assembly, and all officers elec- tive by the people, but removal from one precinct to another in the same county, city or town, shall not deprive any person of his right to vote in the precinct from which he has moved, until the expiration of thirty days from such removal but the following persons shall be excluded from regis- tering and voting: Idiots, insane persons and paupers; persons who, prior to the adoption of the Constitution, were disqualified from voting by con- viction of crime, either within or without the State, and whose disabilities shall not have been removed; persons convicted after the adoption of the Constitution, either within or without this State, of treason, or of any felony, bribery, petit larceny, obtaining money or property under false pretenses, embezzlement, forgery or perjury; persons who, while citizens of this State since the adoption of the Constitution, have fought a duel with a deadly weapon, or sent or accepted a challenge to fight such duel, either within or without this State, or knowingly conveyed a challenge, or aided or assisted in any way in the fighting of such duel, and no officer, soldier, seaman or marine of the United States army or navy, shall be deemed to have gained a residence as to the right of suffrage in the State, or in any county, city, or town thereof by reason of his being stationed therein nor shall any inmate of any charitable institution, or a student in Virginia Election Laws 13 any institution of learning, be regarded as having either gained or lost a residence as to the right of suffrage, by reason of his location or sojourn in such institution. (Code 1887, 62; 1902-3-4, p. 526; 1904, p. 213; 1908, p. 83.) Sec. 83. Qualifications of voters at special elections. The qualifica- tions of voters at any special election shall be such as are hereinbefore prescribed for voters at general elections, but at any such special election, held before the second Tuesday in June in any year, any person shall be qualified to vote who was so qualified at the last preceding regular Novem- ber election, or who is otherwise qualified to vote, and has personally paid, at least six months prior to the second Tuesday in June of that year, all State poll taxes, assessed or assessable against him during the three years next preceding that in which such special election is held, and at any such special election, held on or after the second Tuesday in June in any year, any person shall be qualified to vote who is or was qualified to vote at the regular election held on the Tuesday after the first Mondav in November of that year. The term "special election" as used in this section shall be deemed to include such elections as are held in pursuance of any special law, and also such as are held to fill a vacancy in any office, whether the same be filled by the qualified voters of the State, or of any county, city, magisterial district, or ward. (Code* 1887, 62; 1902-3-4, p. 526; 1904, p. 213; 1908, p. 83.) Sec. 84. Circuit court to appoint electoral boards; term; vacancies; board to appoint judges, clerks and registrars of election; qualification. There shall be in each county and city an electoral board, composed of three members, who shall be appointed by the circuit court of the county or the corporation court of the city, or the judge of the court in vacation. The three members of the board who are in office when this Code takes effect, shall continue in office until their respective terms expire, to-wit, March first, nineteen hundred and nineteen; March first, nineteen hundred and twenty, and March first, nineteen hundred and twenty-one. During the month of February in each year, as the terms o the members of the board shall respectively expire, their successors shan be appointed for a term of three years. Any vacancy occurring in any board shall be filled by the same authority for the unexpired term. The term of the electoral boards appointed under this section shall commence on the first of March next succeeding their appointment. The members of said board shall qualify before the first of March next succeeding their appointment by tak- ing and subscribing the oaths reauired to be taken by county and city officers. Each electoral board shall appoint the judges, clerks, and regis- trars of election for its city or county, including the towns therein; and in appointing judges of election, representation, as far as possible, shall be given to each of the two political parties which, at the general election next preceding their appointment, cast the highest and next highest num- ber of votes. No person, nor the deputy of any person, holding any office or post of profit or emolument under the United States government, or who is in the employment of such government, or holding any elective office of profit or trust in the State, or in any county, city or town thereof, shall be appointed a member of the electoral board or a registrar or iudge of election. (Code 1887, 64; 1893-4, p. 782; 1899-00, p. 843; 1902-3-4, p. 562.) Sec. 85. Chairman and secretary. The said board shall elect one of their number chairman and another secretary. (Code 1887, 65; 1902-3-4, p. 563.) Sec. 86. Appointment of registrars. It shall be the duty of the elec- toral board of each city and county, prior to the first day of April, nine- teen hundred and twenty and every alternate year thereafter, to appoint a registrar for each electoral district, of their respective counties and cities, who shall be a discreet citizen and resident of the election district in and 14 Virginia Election Laws for which he is appointed and such registrar shall not hold any office, by election or appointment, during his term. Said registrar shall hold office for two years from the first day of May following his appointment, and until his successor is duly appointed and qualified. The acceptance of any office, either elective or appointive, by such registrar during his term of office shall, ipso facto, vacate the office of registrar. The electoral board shall fill any vacancies that may occur in the office of registrar. Every registrar shall be compelled to serve at least two terms, unless excused by the circuit court of the county, or the corporation court of the city, or the judge of such court in vacation having jurisdiction over the electoral board of the city or county in which such registrar resides. Any person so appointed registrar, who shall refuse to serve, unless excused as aforesaid, shall be deemed to be guilty of a misdemeanor, and fined not less than ten nor more than one hundred dollars. (Code 1887, 67; 1893-4, p. 784; 1899-00, p. 864; 1902-3-4, pp. 15, 563; 1908, p. 327.) Sec. 87. Meetings of boards; quorum; record of proceedings. The electoral board of each city and county shall convene in regular session at such time in the month of March of each year as the board may pre- scribe, and at any other time upon the call of any member of the board, and at any special meeting the board' shall have the same powers as at a regular meeting. At any session two members shall constitute a quorum. The secretary of each electoral board shall keep, in a book to be provided for that purpose, an accurate account of all the proceedings of the board, including all appointments and removals of judges, clerks, and registrars, which shall be open to the inspection of any one who desires to examine the same at any time. (Code 1887, 68; 1893-4, p. 730; 1902-3-4, p. 563.) Sec. 88. Board to fill vacancy in office of registrar; may remove regis- trars, judges, and clerks. The said electoral boards shall have the power, and it shall be their duty to declare vacant, and to proceed to fill the office of any registrar in their respective cities, counties, and towns who fail to qualify and deliver to the clerk of the board his official oath in the usual form within thirty days after he has been notified of his appointment, which notification shall be promptly given by the clerk. The board shall also have power to remove from office any and every judge of election, registrar, or clerk, upon notice, who fails to discharge the duties of his office according to law. (Code 1887, 69; 1902-3-4, p. 563.) Sec. 89. Pay of board. Each member of the electoral board shall receive from the county or city, respectively, for each day of actual service the sum of two dollars, and the same mileage as is now paid jurors: pro- vided, that no member of such board shall receive more than ten dollars in any one year, exclusive of mileage, unless one or more special elections be held in such year, in which event the members of the electoral board shall be paid additional amounts at the same per diem, and mileage; but the secretary of such board shall, in addition to the per diem herein pro- vided for be allowed, his expenses not to exceed twenty-five dollars in any one year, and the counties and cities shall furnish the necessary postage and stationery, including a bound book for the minutes of its proceedings, for the use of the board. Each member of the electoral board, before he shall be entitled to receive any amount under this section, shall make put a statement under oath, of his claim, and the secretary shall in addition make out under his oath a statement of postage and stationery used by the board, and the statements when so made out and found correct shall be paid by the board of supervisors of the county or the council of the city for which such board was appointed. (Code 1887, 70; 1908, p. 538; 1910, p. 531; 1912, p. 652.) Sec. 90. New registration of voters. The electoral board shall pro- vide for a new registration of voters for any election district in their re- spective counties or cities, whenever the registration books have been de- Virginia Election Laws 15 stroyed by fire or otherwise, and whenever an order is made by the elec- toral board for such new registration of voters in any election district, it shall be the duty of the registrar in said precinct to give notice of the time and place of registration by printed handbills, posted at not less than five places in the election district, at least thirty days before the day of regis- tration, and shall sit three days for the purpose of such registration. In such new registration the registrar shall place upon the registration books the names of all voters at such precincts applying therefor who are known by him, or who can show by evidence satisfactory to the registrar that their names were on the old books, and who still reside in such elec- tion district or are entitled to a transfer therefrom; but before entering such name on the registration books the registrar shall require from the voter an affidavit made by himself that his name was on the old registra- tion books, and also giving the information required by section ninety-four. If the registrar does not have personal knowledge of the fact that the name of the voter was on the old registration book, he shall, in addition to the affidavit of the voter, require such evidence and affidavits of other persons, old poll books, or other evidence as will satisfy him that the name of the voter was on the old registration book. The registrar shall also register on said books the names of all other voters who may be entitled to register under existing laws, and who shall apply therefor. All affidavits or other evidence taken by the registrar under this section shall be preserved by him and shall be open to inspection. (Code 1887, 71; 1899-00, p. 864.) Sec. 91. Copy of registration books. Whenever the registration books in any election district are so mutilated, blotted, defaced, or other- wise in such condition as to render it difficult, troublesome or unsafe to use them longer, the electoral board shall order that the said books shall be copied, and in such case it shall be the duty of the registrar for such elec- tion district to cause fair copies to be made of the old registration books, and they shall take the place of the old books, which shall be filed and pre- served in the office of the registrar as the other books are kept, but said registrar shall not destroy the old books. (Code 1887, 71.) Sec. 92. When judges of circuit court to fill vacancies in board. If any of the members of the electoral board for any county or city shall fail to qualify within the time prescribed by this chapter, it shall be the duty of the judge of the circuit court of the county, or corporation court of the city, to fill vacancies either in term or vacation. (Code 1887, 72; 1897-8, p. 946; 1902-3-4, p. 563.) Sec. 93. Who to be registered. Each registrar shall register every male citizen of the United States, of his election district, who shall apply to be registered at the time and in the manner required by law, who shall be twenty-one years of age at the next election, who has been a resident of the State two years, of the county, city, or town one year, and of the precinct in which he offers to register thirty days next preceding the elec- tion, who, at least six months prior to the election, has paid to the proper officer all State poll taxes assessed or assessable against him for three years next preceding such election, or if he come of age at such time that no poll taxes shall be assessable against him for the year preceding the year in which he offers to register, has paid one dollar and fifty cents in satisfaction of the first year's poll tax assessable against him, and unless physically unable to do so, shall make application to the registrar in his own handwriting, without aid, suggestion, or memorandum, in the presence of the registrar, stating therein his name, age, date, and place of birth, residence, and occupation at the time and for the two years next preceding, and whether he has previously voted; and if so, the State, county, and precinct in which he voted last; and shall answer on oath any and all questions affecting his qualifications as an elector, submitted to him by the registrar, which questions and answers thereto shall be reduced to 16 Virginia Election Laws writing, certified by the said registrar, and preserved as a part of the offi- cial records; but the following persons shall be excluded from registering: Idiots, insane persons, and paupers and persons who prior to the adoption of the Constitution were disqualified from voting by conviction of crime, either within or without the State, and whose disabilities shall not have been removed; persons convicted after the adoption of the Constitution, within or without the State, of treason, or any felony, bribery, petit lar- ceny, obtaining money or property under false pretenses, embezzlement, forgery, or perjury; persons who while citizens of this State, after the adoption of the Constitution, have fought a duel with a deadly weapon, or sent or accepted a challenge to fight such duel, within or without this State, or knowingly conveyed a challenge, or aided or assisted in any way in the fighting of such duel, unless the disabilities incurred thereby have been removed. If any person claiming to be a naturalized citizen of the United States shall not be able to establish the date of his papers, or the court in which they were issued, by reason of his having lost the same, or for other cause, then his oath or affirmation that he has been duly naturalized shall be accepted and shall entitle him to register. It shall be the duty of the registrar to furnish a suitable and convenient place, with necessary table, chair, paper, and ink or pencil to be used by persons desiring to register in writing their application for registration, the cost of the same to be paid out of the countv or city treasury. It shall also be the duty of the registrar to preserve the written application of all persons who are registered, or who are denied registration by him, for at least one year after such application is presented, said written application to be filed and kept with the registration books and preserved as a part of the official records. If a person is refused registration, he shall be at once notified of such refusal. (Code 1887, 73; 1902-3-4, p. 563.) Note. For an act to provide for the registration of voters in cities having a popula- tion of fifty thousand or more, see Acts 1922, p. 184, also printed herein. (See index.) Sec. 94. Secretary of Commonwealth to prepare and distribute books for registration. The Secretary of the Commonwealth shall cause to be prepared suitable books for the registration of voters, and forward them to the county clerks and to the clerks of the corporation courts of the cities, to be by them distributed to the registrars of their respective elec- tion districts. The books shall be so arranged as to admit of the alpha- betical classification of those registered, and shall be ruled in T)arallel columns in which shall be entered the number, name of voter, the fact that he is sworn, his age, occupation, the place of residence at time of registration, the length of time of his residence in the county or city and, if in a city, stating the name of the street and number of house in which he resides, if the same be numbered; the time of his residence in the State, and if naturalized, the date of his papers and the court by which issued, if known, and if registered as a voter, exempt from payment of poll tax under section twenty-two of the Constitution. The list of voters, white and colored, shall be kept and arranged in separate books. (Code 1887, 74; 1902-3-4, p. 564.) Sec. 95. Registration oath. Before a registrar shall register the name of any person as a voter he shall be satisfied of his qualification as herein- before prescribed, and every person applying for registration shall, before he is registered, take and subscribe the following oath: "I, , do solemnly swear (or affirm) that I am entitled to register under the Constitution and laws of this State, and that I am not disqualified from exercising the right of suffrage by the Constitution of Virginia," which oath, so subscribed, shall be filed with the registrar and preserved with the books of registration. (Code 1887, 75; 1902-3-4, p. 565.) Sec. 96. Oath of registrar: his pay. Each registrar shall, before en- tering upon the duties of his office, take and subscribe before some officer authorized by law to administer oaths, the oath of office prescribed in the Virginia Election Laws 17 Constitution of this State, which oath he shall subscribe and file in the clerk's office of the circuit court of his county or the corporation court of his city. He shall receive a compensation of two dollars for each day that he is sitting as registrar, and one dollar for posting notices, to be paid out of the county or corporation treasury. (Code 1887, 76.) Sec. 97. Registrar ineligible to office. No person who acts as regis- trar shall be eligible to an office to be filled by election by the people at the election to be held next after he has so acted as registrar. (Code 1887, 77.) Sec. 98. When voters registered; duties of registrars; their pay. Each registrar in the cities and towns of this State shall annually, on the third Tuesday in May, at his voting place, proceed to register the names of all qualified voters within his election district not previously registered in the said district, in accordance with the provisions of this chapter, who shall apply to be registered, commencing at sunrise and closing at sunset, and shall complete such registration on the third Tuesday in May. Thirty days previous to the November elections each registrar in this State shall sit one day for the purpose of amending and correcting the list, at which time any qualified voter applying, and not previously registered, may be added. He shall give notice of the time and place of all registrations for at least ten days before each sitting, by posting written or printed notices thereof at ten or more public places in his election district. The registrar shall, at any time previous to the regular days of registration, register any voter entitled to vote at the next succeeding election who may apply to him to be registered; and he shall receive as compensation ten cents for the name so registered on days other than the regular days of registration, the same to be paid out of the county or city treasury. It shall be the duty of the registrar within five days after each sitting, to have posted at three or more public places in his election district written or printed lists of the names of all persons so admitted to registration, and at the same time also certify to the clerk of the circuit court of the county, or the corporation court of the city a true copy of such list, and to have like list posted on the day of the election at the place of voting in his election district. And it shall be the duty of the said clerk, upon receipt of such list, to forthwith record in a suitable book, to be kept in his office for that pur- pose, the names of the registered voters so certified, in alphabetical ar- rangement. For making and certifying such list the registrars shall be allowed three cents for each ten words, counting initials as words, and the clerks for recording the same shall be allowed two cents for each ten words, counting initials as words, the same to be paid out of the treasury of the county, city or town. (Code 1887, 78; 1902-3-4, p. 565; 1906, p. 571; 1916, p. 770.) Sec. 99. Clerks to furnish registrars with names of voters who have been convicted of certain offenses; their names and the names, of persons who have died to be struck from books. The county clerk, and the clerk of each corporation court shall, at each registration, deliver to each registrar in his county or city a list of all voters, who have been convicted of any of the offenses enumerated in section twenty-three of the Constitu- tion since the last registration. It shall be the duty of the registrar to correct his list in accordance with the list thus furnished, and he shall strike from the list of voters the name of any person so convicted upon the pro- duction before him of a certificate of the clerk of a court of competent jurisdiction that such person has been so convicted since December first, eighteen hundred and seventy-six, in such court, or has been so convicted by a mayor, police justice, or justice of the peace in the county, city or town wherein is held the court to which the said clerk belongs, unless such person shall produce a pardon from the Governor, or a certificate from the Governor that his disabilities have been removed by him, or a certificate 18 Virginia Election Laws from the Keeper of the Rolls that his disabilities have been removed by the General Assembly. It shall also be the duty of the registrar to strike from the list of voters the names of all persons who are proved before him to have died. If any voter whose name has been so stricken off shall appear at any election and offer to vote, upon satisfactory proof that he has not changed his residence since his registration, his name shall be restored to the registration books by the judges of election, and he shall be per- mitted to vote if qualified in other respects. (Code 1887, 79; 1902-3-4, p. 565.) Sec. 100. Voter changing his residence may change his registration. Whenever a registered voter changes his place of residence from one election district to another, in the same county or city, it shall be lawful for him to apply for, in person or in writing, and it shall be the duty of the registrar of his former election district, at any time, to furnish a certi- ficate that he was duly registered, and that his name has, since his removal, been erased from the registration books of said election district, which shall be sufficient evidence to entitle him to be registered in the election district to which he has removed, on its appearing to the satisfaction of the registrar that he has resided, prior to the next election, in such district for thirty days; and the name of every such person shall be entered at any time, by the registrar, on the registration books of the election district to which the voter has removed; but in cities and towns containing over two thousand, five hundred inhabitants, the name of such person shall only be entered by the registrar prior to or on the days named in section ninety- eight; and whenever a registered voter changes his place of residence from one county or city to another county or city, it shall be lawful for him to apply to the registrar of his former election district, at any time up to and including the regular days of registration, in person or in writing, to fur- nish a certificate that he was duly registered, and that his name, since his change of residence and removal, has been erased from the registration books of said election district, which certificate shall be delivered to the registrar of the election district in which he resides and offers to be regis- tered in the county or city to which he has removed, and will entitle him to be registered in said district, on its appearing to the satisfaction of said registrar that he has resided, or will have resided prior to the next election, in the county or city to which he has removed, for one year, and the name of every such person shall be entered at any time, up to and including the regular days of registration, by the registrar, on the registration books of the election district in which said person resides, and no voter who has been heretofore registered at any election district in this State shall be entitled to be registered in any other election district, unless he shall deliver to the registrar of the district in which he offers to be registered said certificate, which shall be kept on file by said registrar. The registrar shall receive the same fee for issuing a certificate of transfer that he is allowed for registering a voter other than on regular registration days, and for entering on his registration books a certificate of registration other than on regular registration days he shall receive a like fee. (Code 1887, 80; 1899-90, p. 189; 1902-3-4, p. 566.) Sec. 101. When boundaries of district changed, how voter may change his registration. When the boundaries of any election district, changed in pursuance of law, shall include the residence of any voter who has been already registered in another election district, it shall be lawful for said voter to change his place of registration to his own election district in the manner provided for a registered voter in the preceding section. (Code 1887, 81.) Sec. 102. Duty of registrars when bounds of election districts changed. When a re-arrangement of existing election districts is made, the registrars thereof shall make out, certify, and deliver to each other, lists of the registered voters in their respective districts whose voting places are changed by the re-arrangement; or when a new election district Virginia Election Laws 19 is created out of one or more already existing, the registrar of the old dis- trict or districts shall make out, certify, and deliver to the registrar of the new district, a list of the registered voters who have been placed by the change in the new district. The registrars to whom said lists are delivered, shall forthwith enter the names of the persons contained in said lists in their respective registration books; and the said persons shall at once ac- quire the right to vote in the districts, respectively, to which they are so transferred. The names thus transferred shall be stricken, by the regis- trars transferring them, from their registration books; and when a new district is created as aforesaid, the registrar of the old district shall, after making such transfers, make out new registration books for his district. For such services as may be rendered by the registrars under this section, the board of supervisors of the county or the council of the city, as the case may be, shall make proper allowance. (Code 1887, 82.) Sec. 103. Appeal of person denied registration. Any person denied registration shall have the right to appeal, without payment of writ tax or giving security for costs, to the circuit court of the county or to the corporation court of the city, in which he offers to register, or to the judge thereof in vacation, by presenting to such court or judge, within ten days thereafter, a petition in writing to have his right to register determined, containing a statement of the facts proved before the said registrar, to which the registrar shall make answer in writing. The matter shall be heard and determined upon such petition and answer and such evidence as may be introduced in support thereof. Such proceedings shall take pre- cedence over all other business of the said court or judge, and shall be heard as soon as possible. Upon the filing of such petition the clerk of the court shall at once give notice to the Commonwealth's attorney for his county or city, whose duty it shall be to appear and defend against said petition in behalf of the State. Judgment in favor of the petitioner shall entitle him to registration. From a judgment rendered against him, a writ of error shall lie from the Supreme Court of Appeals in favor of the petitioner. (1902-3-4, p. 544.) Sec. 104. Registrars to deliver books to judges of election; fine for failure. The registrar, at each place of voting, shall deliver to the judges of election his registration books, not later than sunrise on the morning of election day; and after such election, the judges of election shall turn over the registration books to the registrar, who shall keep and preserve the same and the said registration books shall at all times be open to public inspection. Any registrar, negligently failing so to deliver his books, shall be fined thirty dollars; and any registrar, wilfully failing so to do, shall be fined not less than twenty nor more than one hundred dollars, and im- prisoned in jail not less than six nor more than twelve months. (Code 1887, 84.) Sec. 105. Registrar to be a conservator of the peace. Every registrar shall preserve order at and in the vicinity of the place of registration; and to enable him to do so, he shall be clothed with all the powers of a con- servator of the peace while engaged in the duties imposed by law; he may exclude from the place of registration all persons whose presence he deems unnecessary, and may appoint special constables, not exceeding three in number, in each magisterial district or ward, and may summon the by- standers or other persons in the vicinity to assist whenever, in his judg- ment, it shall be necessary to preserve order. (Code 1887, 85; 1902-3-4, pp. 15, 537, 567.) Sec. 106. Disturbance of registrars; punishment therefor. Any per- son or persons who shall, by threats, intimidation, abuse, force, or other unlawful means, hinder, delay, or disturb, or attempt to so hinder, delay, or disturb, any registrar in the discharge of his duties at the time or place set apart and designated for registration according to law, shall be deemed guilty of a misdemeanor. (1902-3-4, p. 16.) 20 Virginia Election Laws Sec. 107. How registration books purged. The electoral board of every county or city may direct the registration books of any precinct to be purged whenever they deem it proper, and they shall direct such purg- ing of the registration book of every precinct once every six years. When such books are directed to be purged, it shall be the duty of the registrar within ten days previous to either of the regular days of registration, to post printed notices at not less than three public places in said district, including the voting place therein, of the names of all persons who, in the judgment of said registrar, or those who may be alleged by any three qualified voters of said election district, to be improperly on the registra- tion books of that district. The notice shall be signed by the registrar. On the regular day of registration, the registrar shall hear the testimony produced for or 'against the right of the persons named in said notice, to be retained on the registration books, and if he be satisfied that any person mentioned in said notice has removed from said election district, has died, or for any other reason is not entitled to be on the registration books of said district, he shall strike his name from the registration books. If the registrar shall be unable to hear the evidence in reference to the names alleged to be improperly on the registration books on the regular days of registration, the books shall be kept open as to such names only until such hearing is completed. From the decision of the registrar whereby any person is stricken from the registration books, such person shall have the right of appeal, as provided in section one hundred and three, and from the decision of a registrar refusing to strike from the registration books any person alleged to be improperly on the registration books, any qualified voter of the county or city shall have the like right of appeal. Whenever any person's name has been placed upon the registra- tion books of any election district, and an election, either general or special, is appointed to be held in said district at such time that no regular registration day will intervene between the time when the name of such person is posted as required by law and the said election, then it shall be lawful for three qualified voters of said election district to appeal to the circuit court of his county or to the corporation court of his city, or the judge thereof in vacation, from the action of the said registrar in placing such name on the registration books. Such appeal shall conform, as far as practicable, to the provisions of section one hundred and three, and any person whose right to have his name remain on the registration books is contested, shall have at least five days' notice of the time and place when said appeal will be' heard. When a general purging of the registration books shall be ordered, as hereinbefore required, the registrar, after he shall have purged the regis- tration books, shall make a copy of said books in like manner as is pro- vided in section ninety-one, leaving off all names stricken therefrom under the provisions of this section. (Code 1887, 86; 1914, p. 430.) Sec. 108. Preservation of the permanent registration rolls; transfer of voters on said rolls; copy to be used with same effect as the original. The registration rolls or books made by the boards of registration ap- pointed by the Constitutional Convention which assembled in Richmond on the twelfth day of June, nineteen hundred and one, and which, under the registration ordinance adopted by said convention, have been delivered to the registrars, shall be known as the permanent registration rolls or books, and shall be carefully preserved by the said registrars, and the voters on said rolls or books shall be kept separate from the voters whose names have been or shall be entered on the registration books after the first day of January , nineteen hundred and four. If any person whose name is registered on said permanent roll shall move to another precinct, he shall be entitled to register therein, after such residence therein as is required by law, on the permanent roll upon transfer issued by the regis- trar having custody of the permanent roll upon which he last registered, and said transfer shall state that the voter's name is on the permanent Virginia Election Laws 21 roll, and a note of such transfer shall be made by the registrar upon the permanent roll in his possession. The registrar giving the transfer shall send a duplicate to the county clerk of his county, or to the clerk of the corporation court of his city, as the case may be, who shall note the same upon the permanent roll in his possession, and the registrar of the pre- cinct to which said voter is transferred shall send a certificate of his regis- tration to the county clerk of his county, or to the clerk of the corpora- tion court of his city, as the case may be, who shall enter the voter's name upon the permanent roll in his office, and be entitled to the same fee for his service that the registrar is for registering a voter. And whenever any permanent roll or book of any precinct in the possession of the regis- trar shall be lost or destroyed, a copy of the permanent roll or book in the county clerk's office of the county, or in the office of the clerk of the corporation court of a city, as the case may be, shall be made and certified by the county clerk of the county or clerk of the corporation court of the city, as the case may be, and when so made and certified shall be used for all purposes with the same force and effect as the original roll or book. The clerk, for said services, shall be allowed one cent for every fifteen words, to be paid out of the treasury of the said county or city, and the registrar shall receive for the services required of him under this section, the same fees as are provided for making transfers in section one hun- dred of this Code. (1902-3-4, p. 543.) CHAPTER 11. Provisions Concerning the Payment of Capitation Tax as a Prerequisite to Voting. Sec. * Sec. 109. Lists of all persons who have paid 114. County treasurers to furnish incor- their State poll taxes shall be made porated towns list of those who have by treasurer ; duties of clerk in refer- paid their State poll taxes. ence thereto; posting thereof by the 115> Evidence of prepayment of State poll 1 -i n rf- u? e taxes by voters transferred from one 110. Rights of court or judge to correct city Q / county to another city or 111. Duty 'of clerk to deliver lists with poll ^-^ books, and to forward copies to Audi- 116 - Omitted capitation taxes and capita- tor, tion taxes of persons becoming of 112. Compensation for treasurers and a ^ e after February first. clerks. 117. Record of assessments; how and when 113. Penalties on treasurers, clerks and payments made into the treasury. sheriffs. Sec. 109. List of all persons who have paid their State poll taxes shall be made by treasurer; duties of clerk in reference thereto; posting thereof by the sheriff. The treasurer of each county and city shall, at least five months before the second Tuesday in June and each regular election in November, file with the clerk of the circuit court of his county, or the cor- poration court of his city, a list of all persons in his county or city who have paid not later than six months prior to each of said dates the State poll taxes required by the Constitution of this State during the three years next- preceding that in which such election is to be held, which list shall be arranged alphabetically by magisterial districts or wards, shall state the white and colored persons separately, and shall be verified by the oath of the treasurer. The clerk, within ten days of receipt of the list, shall make and certify a sufficient number of copies thereof, and shall deliver one copy for each voting place in his county or city to the sheriff of the county or sergeant of the city, whose duty it shall be to post one copy without delay, at each of the voting places, and, within ten days from the receipt thereof, to make return on oath to the clerk as to the places where and dates at 22 Virginia Election Laws which said copies were respectively posted; which return the clerk shall record in a book kept in his office for the purpose; and he shall keep in his office for public inspection, for at least sixty days after receiving the list, not less than ten certified copies thereof. (1904, p. 131; 1908, p. 162.) Sec. 110. Right of court or judge to correct lists. Within thirty days after the list has been so posted any person who shall have paid his capitation tax, but whose name is omitted from the certified list, may, after five days' written notice to the treasurer, apply to the circuit court of his county, or corporation court of his city, or to the judge thereof in vacation, to have the same corrected and his name entered thereon, which application the court or judge shall promptly hear and decide. If it be decided that the name was improperly omitted, the judge shall enter an order to that effect and the clerk of the court shall correct the list fur- nished him by the treasurer accordingly, and deliver a certified copy of such corrected list to the judges of election at the precinct at which such voter is registered. (1904, p. 131; 1908, p. 162.) Sec. 111. Duty of clerk to deliver lists with poll books, and to forward copies to Auditor. The clerk shall deliver, or cause to be delivered, with the poll books at a reasonable time before every election, to one of the judges of election of each precinct in his county or city, a like certified copy of the list, which shall be conclusive evidence of the facts therein stated for the purpose of voting. The clerk shall also, within sixty days after the filing of the list by the treasurer, forward a certified copy thereof, with such corrections as may have been made by order of the court or judge, to the Auditor of Public Accounts, who shall charge the amount of the poll taxes stated therein to such treasurer, unless previously accounted for. (1904, p. 131; 1908, p. 162.) Sec. 112. Compensation for treasurers and clerks. For making and certifying such lists the treasurer shall be allowed three cents for each ten words, counting initials as words, and the clerk for copying and certifying the same shall be allowed two cents for each ten words, counting initials as words, for the first copy, and the actual reasonable costs of printing or otherwise making, in the cheapest way obtainable, the other copies he is required to make. The sheriff or sergeant posting the lists shall receive twenty-five cents for each list which he posts. These fees shall be paid out of the treasury of the county or city wherein such lists are made. (1904, p. 131; 1908, p. 162; 1916, p. 757.) Sec. 113. Penalties on treasurers, clerks and sheriffs. Any treasurer, clerk, or sheriff failing or refusing to comply with the provisions of the four preceding sections shall, upon conviction, be deemed guilty of a mis- demeanor, and be punished by a fine of not less than fifty and not exceed- ing one thousand dollars. (1904, p. 131; 1908, p. 162.) Sec. 114. County treasurers to furnish incorporated towns list of those who have paid their State poll taxes. The treasurer of every county in this Commonwealth in which any incorporated town is located, in which a regular election is to be held on the second Tuesday in June in any year in pursuance of law, shall furnish the clerk of the circuit court of his county with a list of the residents of said incorporated town who have paid the State poll tax provided by law six months prior to the second Tuesday in June. The said lists shall be prepared and posted in all respects as.it is pro- vided for in section thirty-eight of the Constitution; and the treasurer shall receive such compensation as is now provided by law for similar services in preparing lists required by section thirty-eight of the Consti- tution. (1902-3-4, p. 946; 1908, p. 162.) Sec. 115. Evidence of the prepayment of State poll taxes by voters transferred from one city or county to another city or county. In any case where a voter has been transferred from one city or county to another city or county, and has paid his State poll taxes for the three years next Virginia Election Laws 23 preceding that in which he offers to vote, or for any of said years, in any county or city in this State, such voter may exhibit to the judges of elec- tion the certificate of the treasurer of the city or county wherein the said taxes were paid, showing such payment, and that the same was made at least six months prior to the election, by the person offering to vote, such certificate shall be conclusive evidence of the facts therein stated for the purpose of voting. The treasurer of any county or city, upon the appli- cation of any such voters, shall furnish the certificate herein required. Any treasurer who shall give a false certificate, so as to show that the taxes have been paid six months before any election when in fact they have not been so paid, shall be guilty of a misdmeanor. The granting of each false certificate shall constitute a separate offense. (1904, p. 308.) Sec. 116. Omitted capitation taxes and capitation taxes of persons be- coming of age after February first. Any person assessable with capitation taxes for any year or years, who has not been assessed therewith, and any person who will be assessable with such taxes for the ensuing year by reason of his becoming of age after the first of February in any year, may apply to the commissioner of the revenue for the district of the county or for the city in which he resides and have himself assessed with such omitted capitation taxes or with such capitation taxes as shall become assessable against him for the ensuing year by reason of his becoming of age after the first of February in any year, and it shall be the duty of the commissioner of the revenue to assess such person with such omitted capi- tation taxes or with such capitation taxes as will become assessable against him for the ensuing year by reason of his becoming of age after the first of February in any year, and to give to such person a certificate of such assessment, and thereupon the treasurer of the county or city in which the person so assessed resides shall receive from such person the capitation taxes set out in such certificate. (1902-3-4, p. 559; 1910, p. 464.) Sec. 117. Record of assessments; how and when payments made into the treasury. The commissioner of the revenue making the assessments provided for in the preceding section shall keep a record thereof and re- port to the Auditor of Public Accounts on the first day of January and July of each year a list of such assessments made by him during the pre- ceding six months. The county and city treasurers receiving the taxes assessed under the preceding section shall pay the same into the treasury on or before the tenth of January and July of each year and shall furnish the Auditor of Public Accounts with a list of the taxes received by them under the same. The Auditor of Public Accounts shall charge the treas- urer with the amount of the assessments reported by the commissioner of the revenue and shall require the treasurer to account for the amount of such assessments received by him and shall credit him with so much of said assessments as he shall state under oath in his report were not re- ceived by him. (1902-3-4, p. 559; 1910, p. 464.) CHAPTER 12. Elections of State, County, District, and City Officers, and the Terms of Their Offices; Filling Vacancies. Sec. Sec. 118. Governor, Lieutenant-Governor, Attor- tenant-Governor vacant; who to dis- ney-General, Secretary of the Com- charge duties; how vacancies filled. monwealth, State Treasurer, Superin- 121. When office of Lieutenant-Governor tendent of Public Instruction, and vacant, who to discharge duties. Commissioner of Agriculture; elec- 122. How vacancies in certain offices filled. tion ; term of office. 123. Sheriffs, attorneys for the Common- 19. Returns; how votes counted and elec- wealth, commissioners of the revenue IOA u n de ^ rmined - and treasurers; when elected; terms 120. When offices of Governor and Lieu- of office. 24 Virginia Election Laws Sec. Sec. 124. Clerks of courts; when elected; term 132. When officers to enter upon their of office. duties. 125. Voters of cities not to vote for county 133. When term of officer elected to fill va- officers. cancy commences and expires. 126. Surveyors and superintendents of the 134. When duties of officers appointed under poor ; how appointed ; term of office. section one hundred and twenty-eight 127. When district officers to be elected; or to fill a vacancy begin and end. term of office. 135. To whom writs of election directed. 128. Additional justices and constables pro- 136. By whom and when issued; how va- vided for. cancies temporarily filled. 129. Providing for officers of cities, their 137. When officer is declared insane, office elction or appointment and term of shall become vacant. office. 138. Vacancy may be filled by judge in va- 130. When election held to fill vacancy. cation. 131. How election for free school purposes 139. Appointees to qualify and give bond held and results determined. in thirty days. Sec. 118. Governor, Lieutenant-Governor, Attorney-General, Secre- tary of the Commonwealth, State Treasurer, Superintendent of Public In- struction, and Commissioner of Agriculture; election; term of office. The Governor, Lieutenant-Governor, Attorney-General, Secretary of the Com- monwealth, State Treasurer, Superintendent of Public Instruction, and Commissioner of Agriculture shall be chosen by the qualified voters of the Commonwealth, at the general election to be held on the Tuesday after the first Monday in November, of the year one thousand nine hundred and twenty-one, and every fourth year thereafter, and shall hold their offices for a term of four years, to commence on the first day of February next succeeding their election. (Code 1887, 87; 1902-3-4, pp. 504, 740.) (Note. Members of the State Corporation Commission are now elected by the quali- fied voters of the State. Acts 1918, p. 108, printed herein. See index.) Sec. 119. Returns; how votes counted and election determined. The Secretary of the Commonwealth, on the first day of the session of the General^ Assembly, next succeeding the election of a Governor and Lieu- tenant-Governor, shall deliver the returns of such election to the Speaker of the House of Delegates, who shall, within one week thereafter, in the presence of a majority of the Senate and House of Delegates, open said returns, and the vote shall be counted, and the election determined in conformity with the provisions of section seventy of the Constitution. (Code 1887, 88; 1902-3-4, pp. 504, 740.) Sec. 120. When offices of Governor and Lieutenant-Governor vacant, who to discharge duties; how vacancies filled. When a vacancy occurs in the office of Governor and Lieutenant-Governor, the duties of the office of Governor shall be discharged by the President pro tempore of the Senate, until a Governor is elected and qualified; or if the Senate be not in session, by the person who was President pro tempore at the close of the last pre- ceding session. While so discharging the duties of the office of Governor, such person shall not act as President pro tempore of the Senate, nor vote as a member thereof. He shall, within five days after such vacancy occurs, issue writs of election for the unexpired terms of the said officers, to be held within sixty days from the issuing of such writs. If the Gen- eral Assembly be not in session at the time of such election, or be not otherwise convened within sixty days thereafter, it shall be his duty to convene the same within the sixty days, in order that the vote may be counted in the mode prescribed by the Constitution. (Code 1887, 89; 1902-3-4, pp. 504, 741.) Sec. 121. When office of Lieutenant-Governor vacant, who to dis- charge duties. When a vacancy occurs in the office of Lieutenant-Gov- ernor only, the duties of that office shall be discharged by the President pro tempore of the Senate, but he shall not by reason thereof be deprived of his right to act and vote as a member of the Senate. (Code 1887, 90; 1902-3-4, pp. 504, 741.) Virginia Election Laivs 25 Sec. 122. How vacancies in certain offices filled. When a vacancy occurs during the session of the General Assembly in the office of Attor- ney-General, Secretary of the Commonwealth, or State Treasurer, it shall be filled by election by the joint vote of two houses. If such vacancy occur during a recess of the General Assembly, the Governor shall fill, pro tempore, the vacancy by commission to expire with the expiration of such unexpired term or at the end of thirty days after the commencement of the next session of the General Assembly, whichever shall happen first. At such next session, the General Assembly shall fill any such vacancy by election by the joint vote of the two houses for the unexpired portion of the term. (Code 1887, 91; 1902-3-4, pp. 504, 741; 1920, p. 11.) Sec. 123. Sheriffs, attorneys for the Commonwealth, commissioners of the revenue and treasurers; when elected; terms of office. Sheriffs, at- torneys for the Commonwealth, county treasurers and commissioners of the revenue shall be chosen by the qualified voters of the respective coun- ties, at the general election, on the Tuesday after the first Monday in November, nineteen hundred and nineteen, and every fourth year there- after, and shall hold their offices for the term of four years from the first day of January next succeeding their election. (Code 1887, 92; 1902-3-4, pp. 504, 741; 1906, p. 251; 1908, p. 66.) Sec. 124. Clerks of courts; when elected; term of office. In every county there shall be a county clerk, who shall be the clerk of the circuit court of the said county. Clerks shall be chosen by the qualified voters of the respective counties, at the general election, on the Tuesday after the first Monday in November, nineteen hundred and nineteen, and every eighth year thereafter, and shall hold their offices for a term of eight years from the first day of January next succeeding their election. (Code 1887, 93; 1902-3-4, pp. 504, 742.) Sec. 125. Voters of cities not to vote for county officers. Nothing contained in the two preceding sections shall be construed to authorize the voters of any city, living within the corporate limits thereof, to vote at any election held for treasurer, Commonwealth's attorney, sheriff, clerk, or any commissioner of the revenue for the county in which the said city is located in whole or in part. (Code 1887, 94; 1902-3-4, pp. 504, 742.) Sec. 126. Surveyors and superintendents of the poor; how appointed; term of office. The judge of each circuit court in term-time or vacation shall, upon the recommendation of the board of supervisors in each county in which he holds court, in the month of November, nineteen hundred and nineteen, and every fourth year thereafter, or whenever a vacancy occurs, appoint for each county in which he holds his court one county surveyor and one superintendent of the poor; but he may, if he thinks proper, for reasons entered of record, reject the recommendation, and unless the board of supervisors recommend other persons suitable, in his opinion, for said offices, within thirty days after their first recommendation has been re- jected, he shall fill the said offices, or either of them, by his own appoint- ment in term-time, or in vacation. Such officers shall enter upon the du- ties of their offices upon the first day of January next succeeding their appointment, and shall hold their offices for the term of four years, ex- cept that in case of an appointment made to fill a vacancy, the term of office shall commence as soon as the officer shall qualify, and shall con- tinue for the unexpired portion of the term of four years hereinbefore specified. (Code 1887, 95; 1889-90, p. 233; 1893-94, p. 795; 1897-8, p. 975; 1902-3-4, pp. 504, 742; 1904, p. 324.) Sec. 127. When district officers to be elected; terms of office. In each magisterial district there shall be chosen by the qualified voters thereof at the general election to be held on the Tuesday after the first Monday in November, in the year nineteen hundred and nineteen, and every four 26 Virginia Election Laws years thereafter, one supervisor, one constable, three justices, and one overseer of the poor, who shall hold their respective offices for the term of four years. (Code 1887, 96; 1902-3-4, pp. 504, 743.) Sec. 128. Additional justices and constables provided for. Whenever a circuit court shall be of opinion that the public service requires a greater number of justices or constables in any district than those specified in the preceding section, and shall so enter of record and designate the number of such additional officers, notice thereof shall be published in such dis- trict, and at the next succeeding general election for district officers, such additional officers shall be elected in the mode prescribed for the election of district officers, and continue to be elected at each succeeding general election of district officers until otherwise ordered by the court. And it shall be lawful for the said court to appoint officers to serve until such additional officers are elected and qualified. Such officers, whether elected or appointed, shall qualify and give bond as prescribed for district officers. The said court may, in its discretion, revoke the order requiring such additional officers, such revocation to take effect at the expiration of the terms of such officers. (Code 1887, 97; 1902-3-4, pp. 504, 743.) Sec. 129. Providing for officers of cities, their election or appointment and term of office. In each city of this Commonwealth there shall be elected by the qualified voters thereof on the second Tuesday in June, nineteen hundred and twenty, and every four years thereafter, a mayor, who shall be the chief executive officer of such city, whose term of office shall begin on the first day of September succeeding his election, and con- tinue for four years thereafter. On the Tuesday after the first Monday in November, nineteen hundred and twenty-one, and every four years thereafter, the qualified voters of each of the cities of this Commonwealth shall elect a city sergeant, an attorney for the Commonwealth, a city treasurer, and all other city officers elected by such qualified voters whose election is not otherwise provided for by law, whose term of office shall begin on the first day of January next succeeding their election, and con- tinue for four years thereafter. In each city which has a court in whose office deeds are admitted to record, except the cities of Bristol, Radford and Buena Vista, there shall be elected by the qualified voters on the Tues- day after the first Monday in November, nineteen hundred and twenty- one, and every eight years thereafter, a clerk of such court to be called the clerk of the corporation or hustings court, whose term of office shall begin on the first day of February of the second year after such election, and shall continue thereafter for eight years, and in the city of Richmond there shall be elected also at the same time and for the same terms a clerk of the Chancery Court, and a clerk of the Law and Equity Court, and a clerk of the Hustings Court, and a clerk of the Hustings Court, Part II, of the city of Richmond, whose term of office shall begin on the first day of February of the second year after such election. In cities having a population of thirty thousand or more there shall be elected by the qualified voters a separate clerk of the circuit court of such city on the Tuesday after the first Monday in November, nineteen hundred and nineteen, and every eight years thereafter, whose term of office shall begin on the first day of January, succeeding his election, and continue thereafter for eight years. In the cities of Radford, Bristol and Buena Vista there shall be elected by the qualified voters on the Tuesday after the first Monday in November, nineteen hundred and nineteen, and every eight years thereafter, unless such courts are soon abolished, a clerk of such city court, to be called the clerk of the corporation court, whose term of office shall begin on the first day of February following his election, and continue for eight years thereafter, unless the said court shall be sooner abolished. On the Tuesday after the first Monday in November, nineteen hun- dred and twenty-one, and every four years thereafter, the qualified voters Virginia Election Laws 27 of each of the cities of this Commonwealth shall elect a commissioner of the revenue, whose term of office shall begin on the first day of January next succeeding his election and continue for four years thereafter. (Code 1887, 98; 1889-90, p. 45; 1902-3-4, pp. 106, 304, 743; 1906, p. 251; 1908, p. 66.) Sec. 130. When election held to fill vacancy. In case the election to any public office required to be filled by the qualified voters of any county, corporation, magisterial district, or ward, shall not be specially provided for by law, an election to such office may be held at the general election held next before the time provided for the term of such office to commence. (Code 1887, 100; 1902-3-4, pp. 504, 744.) Sec. 131. How election for free school purposes held and results de- termined. All officers who, under the general laws, are charged with the conduct of elections and the determination of the results thereof, shall render official service in the matter of votes ordered for public free school purposes. But all election for public free school purposes shall be held, after notice thereof given according in section one hundred and forty-six. (Code 1887, 101; 1902-3-4, pp. 504, 744.) Sec. 132. When officers to enter upon their duties. All State, county, district, and city officers chosen at a general election shall, unless other- wise provided, enter upon the duties of their respective offices on the first day of January next thereafter, except that the terms of office of mayors, and members of councils of cities and towns shall begin on the first day of September succeeding their election. They shall continue to discharge the duties of their respective offices until their successors shall have qualified. (Code 1887, 102; 1897-8, p. 245; 1902-3-4, pp. 504, 744.) Sec. 133. When term of office elected to fill vacancy commences and expires. The term of office of any person chosen at a special election to fill a vacancy in any public office shall commence as soon as he shall qualify and give bond, and continue for the unexpired term of such office. (Code 1887, 103; 1902-3-4, pp. 504, 744.) Sec. 134. When duties of officers appointed under section one hun- dred and twenty-eight, or to fill a vacancy, begin and end. Any person appointed a justice or constable under the provisions of section one hun- dred and twenty-eight, or to fill a vacancy in any public office, shall enter upon the duties thereof as soon as he shall have qualified, and continue to discharge the same until the person chosen to fill the office has qualified. (Code 1887, 104; 1902-3-4, pp. 504, 745.) Sec. 135. To whom v/rits of election directed. A writ of election shall be directed to the sheriff of the county or sergeant of the corporation for which the election is to be held; or if the election is to be held for an election district, or to fill a vacancy in the General Assembly or in Con- gress, to the sheriffs and sergeants of the respective counties and cities which, or any part of which are included in the district. (Code 1887, 105; 1902-3-4, pp. 504, 745.) Sec. 136. By whom and when issued; how vacancies temporarily filled. When a vacancy occurs in any county, city, town or district office, and no other provision is made for filling the same, it shall be filled by the circuit court of the county or corporation court of the city in which it oc- curs, or the judge thereof in vacation; provided, however, that if such vacancy occurs in any office of a city or town as to filling which vacancy there is no provision in the charter or ordinances of such city or town, and which has no corporation court, the same shall be filled by the circuit court of the county in which said city or town is situated, or by the judge thereof in vacation; when in the office of clerk of a county, by such court, or the judge thereof in vacation; when in the office of clerk of the chancery court of the city of Richmond, by the said court, or the judge thereof in vaca- tion; when in the office of sheriff of said city, by the circuit court thereof, 28 . Virginia Election Laws and when in the office of corporation court clerk, or attorney for the Com- monwealth for a city, by the corporation court of such city, or the judge thereof in vacation. The term of office of any person appointed under this section shall commence as soon as he shall qualify and continue for the unexpired term of such office. Upon the death of a clerk of court, the deputy clerk thereof shall perform all the duties of clerk until a clerk shall be appointed and shall qualify according to law. (Code 1887, 106; 1897-8, p. 687; 1891-2, p. 564; 1902-3-4, pp. 504, 745; 1920, p. 410.) Sec. 137. When officer is declared insane, office shall become vacant. Whenever any State, county, city, town or district officer, whether the same be executive, judicial, ministerial, elective or appointive, shall be ad- judged in any manner prescribed by law a lunatic or insane person, the office held by him shall become vacant, and any vacancy occurring by rea- son thereof shall be filled in the manner provided by law for filling va- cancies in such offices. (1912, p. 6.) Sec. 138. Vacancy may be filled by judge in vacation. Any appoint- ment authorized by section one hundred and thirty-six to be made by a court may be made by the judge thereof in vacation; and the appointment, when made in vacation, shall be certified by the judge making the same to the clerk of his court, to be entered as a vacation order. (Code 1887, 107; 1902-3-4, pp. 504, 745.) Sec. 139. Appointees to qualify and give bond in thirty days. All officers appointed under sections one hundred and thirty-six and one hun- dred and thirty-eight to fill vacancies shall, within thirty days after their appointment, qualify and give bond before the court or judge making the appointment, or before the clerk of the court having authority to make such appointment, in like manner as is provided by section two thousand six hundred and ninety-six for the qualification of such officers when elected by the people; and if he qualify before the jud<^e in vacation, the judge shall certify the fact, and the certificate and bond shall be returned and recorded as provided by law. (Code 1887, 108; 1906, p. 12.) CHAPTER 13. General and Special Elections; When and Where to Be Held; Regulations for Their Conduct and Government; Compensation for Services in Elections. Sec. Sec. 140. General elections; when held. 157. Elections for President and Vice- 141. Special elections; what, and when held. President. 142. Elections; where held. 158. Duties of electoral boards, seal, etc. 143. Election districts; how constituted. 159. How and when ballots opened. 144. How number increased or diminished, 160. How voting places arranged. or boundaries altered, or name 161. Persons approaching ballot box; order changed. of voting. 145. Councils of cities to establish election 162. Method of voting. districts. 163. Ballot not to be carried away or 146. When special election ordered by Gov- copied; penalty. ernor, etc.; how writ issued and no- 164. Time allowed for voting, tice given. 165. Defaced ballots. 147. How in other cases. 166. Judges to assist certain voters. 148. How judges of election appointed; 167. Crowds forbidden; counterfeit ballots. failing to attend, who to act. 168. Elections in towns. 149. Qualification of judges and clerks. 169. Penalty for violations. 150. How and by whom poll books fur- 170. Cost of elections. nished. 171. Ballot boxes. 151. Form of poll books. 172. How emptied before election. 152. When polls opened and closed. 173. Where ballot box kept; how ballots 153. Elections to be by ballot. received and names of voters entered 154. Duty of candidates for office. on poll books. 155. How and when ballots printed. 174. Challenges. 15^6. Oath of the printer. 175. How challenge tried. Virginia Election Laws 29 Sec. Sec. 176 How polls closed; when votes can- 188. Board of State canvassers. vassed and result declared. 189. Secretary of Commonwealth to open 177. How votes canvassed. and record returns. 178 How votes counted and returns made. 190. If abstracts not forwarded, messenger 179! When ballots void. to be sent for them. 180. Poll books and ballots to be sealed: 191. How election returns canvassed by when and by whom delivered to clerk ; State board and certificates of elec- where kept ; if returns not made ; how tion given. obtained. 192. How election determined in case of a 181. Destruction of certain poll books and tie. ballots in clerk's offices. 193. Preservation of order at elections. 182. How commissioners of election ap- 194. Intimidation, etc., of voters; how pre- pointed ; when to meet and open re- vented ; punishment therefor. turns; how vacancies supplied. 195. Intimidation, etc., of election officers; 183. How irregularities in returns cor- how punished. rected. 196. Disturbance of election; how prevented. 184. Who to receive certificates of election; 197. How special elections superintended how tie determined. and determined. 185. Abstracts of votes to be made out and 198. Pay of clerks of courts. certified ; to whom forwarded. ] 99 . Pay of sheriffs and sergeants. 186. When a clerk to make out and deliver 200. Pay of judges, clerks and commis- certificate of election. sioners. 187. When clerk absent, who to perform his 201. Pay of messenger. duties. Sec. 140. General Election; when held. There shall be held through- out the State on the Tuesday after the first Monday in November in the counties and cities, and on the second Tuesday in June in the cities and towns, general elections for all officers required to be chosen at such elections respectively. (Code 1887, 109; 1902-3-4, p. 923; 1906, p. 19.) Sec. 141. Special elections; what, and when held. Special elections shall be deemed to be such as are held in pursuance of a special law, and also such as are held to supply vacancies in any office, whether the same be filled by the qualified voters of the State or of any county, city, town, magisterial district, or ward, and the same may be held at such time as may be designated by such special law or the proper officer duly authorized to order such elections. (Code 1887, 110; 1902-3-4, p. 923.) Sec. 142. Elections; where held. Polls shall be opened at each place of voting prescribed by law in all counties, cities, towns, and election dis- tricts in which officers are to be elected by the people. (Code 1887, 111; 1902-3-4, p. 923.) Sec. 143. Election districts; how constituted. Each magisterial dis- trict of a county, and each ward of a city, shall severally constitute an election district, unless such magisterial district or ward be divided into more election districts than one, and the elections therein shall be held at such place or places as may be designated by the proper authorities appointed by law for that purpose. The election districts and voting places as now constituted shall so continue unless and until changed as hereinafter provided. (Code 1887, 112; 1887-8, p. 16; 1902-3-4, p. 923.) Sec. 144. How number increased or diminished, or boundaries altered, or name changed. Upon the petition of twenty qualified voters of a magis- terial district of a county, the circuit court of such county may, in its dis- cretion, change the name of any election district therein, alter the boun- daries of any election district therein, and re-arrange, increase or diminish the number thereof, and it may change the voting places, or establish others therein. When an order is entered, under this section, changing the name of an election district, or re-arranging, increasing or diminishing the num- ber of election districts in a magisterial district, it shall be the duty of the court in its order to designate such new election district or districts by proper and well defined boundaries. A copy of the order shall be posted, without delay, at the court house of the county, also at the voting place of an election district the name of which has been changed, and at each 80 Virginia Election Laws new voting place established, and at any former voting place which may be affected by the change; but no change shall be made in the name of any election district, or in any of the said boundaries or voting places, within thirty days next preceding any general election, nor until notice shall have been posted for thirty days at the front door of the court house and at each voting place in each election district to be affected by the said change. (Code 1887, 113; 1902-3-4, p. 923; 1912, p. 590.) Sec. 145. Councils of cities to establish election districts. The coun- cil of a city shall establish for each ward as many election districts as it may deem necessary, and a voting place in each district (but so that there shall not be less than one election district for every one thousand voters or fractional part thereof above five hundred), and prescribe and cause to be published the boundaries of said districts; and it may alter the boundaries of any such election district, and re-arrange, increase, or diminish the number thereof, and change the voting places or establish others therein, not to exceed however, one voting place for each election district; but no change shall be made in any of the said boundaries or voting places within thirty days next preceding any general election. (Code 1887, 114; 1902-3-4, p. 923.) Sec. 146. When special election ordered by Governor, etc.; how writ issued and notice given. Whenever a special election is ordered by the Governor, Speaker of the House, or President of the Senate, it shall be his duty to issue a writ of election, designating the office to be filled at such election and the time when such election is to be held, and to transmit the same to the sheriff of the county and the sergeant of the city in which such election is to be held, to be by such sheriff or sergeant published by posting a copy thereof at each voting place in his county or city at least ten days before such election. Code 1887, 115; 1902-3-4, p. 924.) Sec. 147. How in other cases. Whenever a special election is ordered to fill a vacancy otherwise than under the preceding section, it shall be the duty of the officer ordering such election, at least twenty days before such election, to issue his writ of election, directed to the sheriff of the county or sergeant of the city or town in which the election is to be held, desig- nating therein the office to be filled, and the time and place of holding the same; upon receipt of which such officer shall proceed to cause public no- tice to be given of such election in the same manner as is required in the preceding section. (Code 1887, 116; 1902-3-4, p. 924.) Sec. 148. How judges of election appointed; failing to attend, who to act. It shall be the duty of the electoral board of each city and county appointed as provided by section thirty-one of the Constitution, in May, nineteen hundred and nineteen, and in each year thereafter, to appoint three competent citizens, being qualified voters, whose terms of office shall begin on the first of June following their appointment, who shall con- stitute the judges of election for all elections to be held in their respec- tive election districts for the term of one year or until their successors are appointed, and shall at the same time appoint two clerks for each place of voting, whose terms of office shall be coincident with the judges, to whom shall be administered by the judges, or either of them, or by the officer swearing the judges, the same oath as that taken by the said judges. Whenever it is possible to do so, the persons so appointed judges of election shall be chosen for each voting place from persons known to belong to the two political parties casting the highest and next highest number of votes at the last preceding election, each of whom shall be able to read and write. The members of any electoral board who shall wilfully fail to comply with this requirement shall be deemed guilty of a misdemeanor, and on conviction thereof shall be fined not less than one hundred nor more than five hundred dollars; but no election shall be deemed invalid when the judges shall not belong to different political parties or shall not possess the above qualifications. Should any judge of Virginia Election Laws 31 election fail to attend at any place of voting for one hour after the time prescribed by law for opening the polls at such election it shall be lawful for the judge or judges in attendance to select from among the bystanders one or more persons possessing the qualifications of judge of election, who shall act as judge or judges of such election, and who shall have all the powers and authority of judges appointed by said electoral board; but if the judge or judges present have information that the absent judge or judges will not attend, he or they need not wait for the expiration of an hour or any other time. Should all the judges appointed for any place of voting fail or refuse to attend or to act at the place of voting for one hour after the time prescribed by law for opening the polls at such election, it shall be the duty of any justice of the district in which the election is held, who shall be applied to for that purpose, or the mayor, if the election is in any election district in a town or a city, to appoint three judges of election for such election district, who shall possess the same qualifications and have the same powers as judges appointed by an electoral board. Should no judges of election be appointed for any county, city, or place of voting therein, for one hour after the time prescribed by law for opening the polls at such election, it shall be lawful for any three qualified voters of the district, who shall be present and willing to act, upon taking the oath prescribed for judges of election, to proceed to hold, conduct, and certify the election in the manner provided in this chapter, and for that purpose shall have all the powers and authority of judges appointed by an electoral board, which shall include the power to appoint clerks if those chosen by the electoral board shall fail to attend or refuse to act. (Code 1887, 117; 1897-8, p. 858; 1902-3-4, p. 924.) Sec. 149. Qualification of judges and clerks. No person shall act as a judge or clerk of any election who is a candidate for, or the deputy or employee of any person who is a candidate for, any' office to be filled at such election, or who is the deputy of any person holding any office or post of profit or emolument under the United States government, or who is in the employment of such government, or holding any elective office of profit or trust in the State, or in any county, city, or town thereof. And before any judge or clerk of election shall enter upon the performance of the duties imposed upon him by law he shall take and subscribe an oath in the following form, to-wit: "I, A B, judge (or clerk) of the election (as the case may be), do solemnly swear (or affirm) that I will perform the duties of judge (or clerk) of the election (as the case may be)) according to law and the best of my ability, and that I will studiously endeavor to prevent fraud, deceit, and abuse in conducting this election. So help me God." If there is no one present authorized to administer oaths, the judges of election may administer to each other and to the clerks the oaths above provided . (Code 1887, 118; 1902-3-4, p. 925.) Sec. 150. How and by whom poll books furnished. It shall be the duty of the county clerk of the county, and the clerks of the corporation courts, on the first day of April and October in each year, to make out and transmit to the Secretary of the Commonwealth a list of the number of election districts in their respective counties and corporations, together with the number of voters in such district; upon the receipt of which the Secretary of the Commonwealth shall transmit to the said clerks, respect- ively, duplicate poll books or poll lists for each election district in their respective counties or cities, of sufficient size to contain the names of all the voters therein. (Code 1887, 119; 1902-3-4, p. 925.) Sec. 151. Form of poll books. The following shall be the form of poll books to be kept by the judges and clerks of election: Poll books of the election held in the county of in the election district of (or in the election district of ward of city) in the year one thousand nine hundred and A B, C D, and E F, judges, and G. H. clerk of said 32 Virginia Election Laws election, were respectively sworn (or affirmed) as the law directs previous to their entering on the duties of their respective offices: Number and Names of Electors. A B, ........................................ No. 1. C D, ........................................ No. 2. E F, ........................................ No. 3. G H, ........................................ No. 4. It is hereby certified that the number of electors at this election amounts to -- . And we further certify that - ballots were not counted because void. Attest: A B, 1 C D, Judges E F. J f Q' | Clerks. Names of persons voted for, and for what office; containing the num- ber of votes given for each candidate. Governor. Lieutenant-Governor. Representatives in Congress. A, 1, C 1, E 1, B 1, D, 1, F 1, Representatives in General Assembly. Senate. House of Delegates. G, 1, J, 1, H, 1, K, 1, And such other officers as may be voted for at the said election. We hereby certify that A had - - votes for Governor, and B had - votes for Governor; that C had - votes for Lieutenant- Governor, etc. A B, C D, Judges E F, ' Clerks. (Code 1887, 120; 1897-8, p. 710; 1902-3-4, p. 925.) Sec. 152. When polls opened and closed. At all elections by the peo pie, the polls shall be opened at each voting place at sunrise of the day on which the election is directed to be had, and closed at sunset of the same day. (Code 1887, 121; 1902-3-4, p. 927.) Sec. 153. Elections to be by ballot. Every elector shall vote by Dai- lot, and each person offering to vote shall deliver a single ballot to one of the judges of election, in the presence of the other two judges. The ballot shall be a white paper ticket, without any distinguishing mark or symbol, and containing on one side the names of the candidates, and offices to be filled, in clear print and due and orderly succession, and the names of all persons voted for by an elector shall be on one ballot, and the form thereof shall be the same in all places when the same persons shall be voted for for the same offices; but any voter may erase any name on the ballot voted by him and insert another. (Code 1887, 122; 1902-3-4, p. 927.) Sec. 154. Duty of candidates for office. Any person who intends to be a candidate for any office, State or national, to be elected by the electors of the State at large or of a congressional district shall, at least thirty days before such election, notify the Secretary of the Commonwealth, in writing, attested by two witnesses, of such intention, designating the office for which he is a candidate. Such written notice shall be signed by the said candidate, but, if he be incapable of writing his proper signature, then some mark adopted by him as his signature shall be acknowledged before some officer authorized to take acknowledgments to deeds and in the same manner. Any person who intends to be a candidate for any office not embraced in the foregoing at any election shall give notice at least thirty Virginia Election Laws 33 days before such election to the county clerk or clerks of the county or counties, and to the clerk or clerks of the corporation courts of the city or cities whose electors vote for such office, which notice shall in all re- spects be in the same form as that above described required to be given to the Secretary of the Commonwealth. No person not announcing his can- didacy as above shall have his name printed on the ballots provided for such election. On receipt of the foregoing notice it shall be the duty of the Secretary of the Commonwealth to notify the secretary of each elec- toral board of each county and city of the State or of said congressional district, and it shall be the duty of said clerk or clerks to notify the secre- tary of the electoral boards of their respective counties and cities, which notices shall be sent by the Secretary of the Commonwealth and clerks im- mediately after the time has expired in which candidates may give notice of their candidacy as prescribed by this section. Said clerks shall send copies of the original notice of candidacy to the secretary of the electoral board when they notify him. Whenever any secretary of an electoral board is elected he shall at once notify the Secretary of the Common- wealth of his election, and inform him as to his postoffice address. (1899- 00, p. 969; 1902-3-1, pp. 14, 468, 927.) Sec. 155. How and when ballots printed. It shall be the duty of the electoral boards of the several counties and cities of this State, within thirty days preceding each election, to cause to be printed a number of bal- lots equal to the entire registered vote of the said county or city. In mag- isterial districts of a county or wards of a city, only the names of the can- didates to be voted for in said district or ward shall be placed on the said ballots. These ballots shall be white paper tickets without any distin- guishing mark or symbol, shall contain the names of all the candidates complying with the provisions of the law, printed in black ink, immedi- ately below the office for which they have so announced their candidacy, in due and orderly succession, and the names on said ballot shall be in clear print, in the same order and each name in a separate line, and the type used in printing said ballots shall be plain Roman type, not smaller than pica. (1899-00, p. 969; 1902-3-4, pp. 14, 468, 927; 1920, p. 309.) Sec. 156. Oath of the printer. The printer with whom the board shall contract for the printing of the said ballots shall, before the work is commenced, take an oath before the secretary of said board, who is hereby empowered to administer said oath, to the following effect: "I, , solemnly swear that I will print (here insert number) ballots according to the instructions of the electoral board of the county (or city) of ; that I will print, and permit to be printed, directly or indi- rectly, no more than the above number; that I will at once destroy all imperfect and perfect impressions other than those required to be deliv- ered to the electoral board; that as soon as said number of ballots is printed I will distribute the type used for said work, and that I will not communicate to any one whomsoever, in any manner whatsoever, the size, style, or contents of said ballots." This oath shall be reduced to writing and signed by the person taking it, and also a similar affidavit shall be required of any employee or other person engaged upon said work, or who shall have access to it; and any intentional violation of said oath shall constitute the crime of perjury. It shall be the duty of said board to designate one of their number to be con- tinuously present in the room in which the said ballots are printed from the commencement until the end of said work, and see that the under- takings of said oath are strictly complied with. For the faithful discharge of said duty he shall receive the compensation of two dollars. As soon as said ballots are printed they shall be securely wrapped and sealed, and such member of the electoral board shall take and keep them in his exclusive possession, allowing no one to examine them until delivered to the electoral board as provided by law; nor shall such member communi- 34 Virginia Election Laws cate to any one any information as to the size, style, or contents of said ballots. Any violation of the provisions of this section, for which no punishment has been otherwise provided, shall be deemed a misdemeanor and punished by a fine of two hundred dollars and imprisonment for one month in jail. (1899-00, p. 969; 1902-3-4, pp. 14, 468, 927.) Sec. 157. Elections for President and Vice-President. In elections for President and Vice-President of the United States the names of elec- tors selected by the different political parties, together with the names of the candidate for whom they are expected to vote in the electoral college, shall be furnished to the Secretary of the Commonwealth by any person or persons representing said parties at least thirty days before any elec- tion for the said electors of President and Vice-President of the United States; and thereupon it shall be the duty of the Secretary of the Com- monwealth to immediately notify the secretary of the electoral board of each county and city of the State; and it shall then become the duty of the electoral boards of the several counties and cities within the State, within twenty days preceding such election, to cause to be printed on the official ballot provided for in this chapter the name of each candidate for Presi- dent and Vice-President of each political party, and the names of the electors nominated by the political party of such candidates; and the qualified voters at said election shall designate their preference for any candidates for President and Vice-President by scratching the names of the other candidates for President and Vice-President, as is provided in section one hundred and sixty-two, and the ballots shall be counted as they would be counted if the names of the electors had been scratched. (1899- 00, p. 969; 1902-3-4, pp. 14, 468, 928.) Sec. 158. Duties of electoral boards, seal, etc. It shall be the duty of the electoral board to procure and adopt a seal, if there be not one already adopted by the electoral board of such city or county, which seal may be changed from time to time in the discretion of said board, and shall not be less than two inches in diameter. Said board shall meet as soon as convenient after the printing of the ballots as provided for in this chap- ter, of which meeting the chairman of the board of supervisors of the county or the commissioner of accounts of the corporation or circuit court of the city, shall be notified, and at which there shall be present the said chairman or commissioner and the members of the said board, but no other person; and in the event of the inability, through sickness or other in- capacity, of the said chairman or either of said commissioners to discharge any of the duties imposed by this section, it shall be lawful for the said duties to be performed by some other member of the board of supervisors of said county, or the commissioner of accounts of the corporation or cir- cuit court of some other city. At this meeting the member of the board who shall have secured from the printer the ballots as required by section one hundred and fifty-six shall deliver said ballots to said board. The ballots shall then be carefully counted by said board and the number thereof entered by the secretary of the board in a book provided by him and kept for such purpose. The board shall affix its seal to every ballot printed as above provided, upon the side reverse from that upon which the names of the candidates appear, and said chairman or commissioner shall thereupon enter of record upon the minutes of the electoral board an affidavit stating that said ballots were counted and sealed in his presence in the manner prescribed by law. Of the said ballots they shall make as many packages as there are voting precincts in said county or city, one for each precinct, which package shall contain twice as many official ballots as there are voters registered at the precinct for which it is intended. Each of these packages shall be securely sealed so that the ballots shall be in- visible, and so that they could not be readily opened without detection. Utton each of said packages shall be endorsed the name of the precinct for which it is intended and the number of ballots therein contained. The Virginia Election Laws 35 packages designed for the various precincts shall remain in the exclusive possession of the secretary of the board until delivered by him to the judges, or one of the judges, of election of the several precincts as pro- vided oy the following section, or until he shall have delivered the same to one or the other members of the board to be delivered to .the judge or judges as required by this chapter. The secretary of said electoral board shall keep in his sole custody the seal or stamp of said board and in a sealed package, to be opened only in the presence of the electoral board and the chairman or other member of the board of supervisors or the commissioner of accounts of the corporation or circuit court when in the discharge of their duties as prescribed by this chapter. (1899-00, p. 969; 1902-3-4, pp. 14, 468, 929; 1920, p. 795.) Sec. 159. How and when ballots opened. Before every election the secretary of the electoral board shall deliver to the judges, or one of the judges, of election the package of official ballots for that precinct, taking a receipt therefor and a certificate that the seals appeared to be untam- pered with. And in the event of the inability, by sickness or other in- capacity of said secretary to deliver said official ballots, the said electoral board or the said secretary may cause them to be delivered by another member of said board. Said sealed package, at the opening of the poll, shall be opened in the presence of the clerks and judges of election, and the ballots in said packages shall then be carefully counted. All ballots remaining unused at the close of the polls shall be carefully destroyed be- fore the box is opened. Any person wilfully and corruptly failing to per- form the duties required of him, or intentionally violating any of the provisions of this section, or opening any sealed package of official ballots, except as especially provided for herein, shall be deemed guilty of a mis- demeanor and be punished with a fine of two hundred dollars and impris- oned one month in jail. (1890-00, p. 969; 1902-3-4, pp. 14, 468, 930.) Sec. 160. How voting places arranged. It shall be the duty of the electoral board of the several counties and cities to provide at each of the voting places in their respective counties and cities a small compartment or booth large enough to contain and conceal from general observation a voter, and a desk or other convenience for writing. In said booth there shall be placed pen and ink. Said compartment or booth shall be so erected that a person standing at said desk in said booth or compartment shall be wholly excluded from the observation of the clerks, judges of election, and other persons. The said board, in its discretion, may have one or more of said booths at said voting places. (1899-00, p. 969; 1902- 3-4, pp. 14, 468, 930.) Sec. 161. Persons approaching ballot box; order of voting. Except as hereinafter provided for, save the judges of election and clerks, no per- son other than the elector offering to vote shall be within forty feet of the ballot box. The judges of election shall promptly decide any dispute as to precedence of electors to the right to vote, deciding who first offered, or if two or more offered at the same time, selecting the one to whom pre- cedence shall be given; but in case of a challenge the challengers and chal- lenged and the witnesses may appear before the judges; when such chal- lenge is decided, only the elector having the right to vote shall remain within the prescribed limits. (1899-00, p. 969; 1902-3-4, pp. 14, 468, 930.) Sec. 162. Method of voting. Every elector qualified to vote at a precinct shall, when he so demands, be furnished with an official ballot by one of the judges of election selected for that duty by a majority of the judges present. The said elector shall then take the said official ballot and retire to said voting booth. He shall then draw a line with a pen or pencil through the names of the candidates he does not wish to vote for, leaving the title of the office and the name or names of the candidates he does wish to vote for unscratched. No name shall be considered scratched unless the pen or pencil mark extends through three-fourths of the length 36 Virginia Election Laws of said name; and no ballot, save an official ballot especially prepared as provided for in this chapter shall be counted for any persons. The elector shall fold said ballot with the names of the candidates on the inside and hand the same to the judge of the election, who shall place the same in the ballot box without any inspection further than to assure himself that only a single ballot has been tendered and that the ballot is a genuine ballot, for which latter purpose he may, without looking at the printed inside of said ballot, inspect the official seal upon the back thereof; but, it shall be lawful for any voter to erase any or all names printed upon said official ballot and substitute therein in writing the name or names of any person or persons for any office for which he may desire to vote. (1899- 00, p. 969; 1902-3-4, pp. 14, 468, 930.) Sec. 163. Ballot not to be carried away or copied; penalty. It shall be unlawful for any elector to carry the official ballot furnished him by the judge of election further than the voting booth or to make any copy there- of, and should he, after inspecting said ballot, conclude not to vote, he shall immediately return said ballot to the judges of election. Except as provided by section one hundred and sixty-six, no person shall advise, counsel, or assist any elector, by writing, word or gesture, as to how he shall vote or mark his ballot after the same has been delivered to him by the judges of election. Any person violating the provisions of this section shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined not less than five hundred nor more than one thousand dol- lars and confined in jail six months. If any elector carry an official ballot or copy thereof beyond the voting booth, or away from said booth, except to the judges of election, or vote any ballot except such as shall be re- ceived by him from the judge of election, he shall be deemed guilty of a misdemeanor and punished therefor by a fine of one hundred dollars; and it shall be the duty of the judge of election to cause by verbal order or warrant the instant arrest of any person making such attempt, and he shall be required to vote or surrender said ballot, and, upon failure so to do, he may be confined in jail by order of the judges of election until he obeys said requirements, but such confinement shall not exceed ten days. (1899-00, p. 969; 1902-3-4, pp. 14, 468, 931.) Sec. 164. Time allowed for voting. No elector shall be allowed by the judges of election to remain in the voting booth more than two and one-half minutes, to the obstruction of other electors desiring to vote. Said judges of election shall cause any elector attempting to occupy said voting both for a longer time to retire and surrender his ballot, and he shall not again be allowed to receive an official ballot unless in the dis- cretion of the judges of election another opportunity to vote will not delay or hinder other electors. (1899-00, p. 969; 1902-3-4, pp. 14, 468, 931.) Sec. 165. Defaced ballots. Should any ballot be unintentionally or accidentally defaced, or in any way rendered unfit for voting by such elector, he shall deliver such defaced ballot to the judges of election and receive another upon taking an oath that the defacement of the ballot first delivered to him was not done for the purpose of defacing said official ballot. Any person swearing falsely to such fact shall be deemed guilty of perjury, (1899-00, p. 969; 1902-3-4, pp. 14, 468, 931.) Sec. 166. Judges to assist certain voters. Any person registered prior to the first of January, nineteen hundred and four, shall, if requested, be assisted in the preparation of his ballot by one of the officers of election designated by himself. The judges, or a majority of them, shall designate one of their number, whose duty it shall be, at the request of any elector registered after the first day of January, nineteen hundred and four, who may be physically unable to prepare his ballot, to enter the booth with said elector and render him assistance in preparing his ballot by striking out such names as he shall designate. In case said elector be blind, said judge of election so appointed and designated shall prepare said ballot for said Virginia Election Laws 37 elector in accordance with his instructions, but the said judge shall not enter the booth with the voter unless requested by him, and shall not in any manner divulge or indicate, by signs or otherwise, the name or names of the person or persons for whom any elector shall vote. The said judges, or a majority of them, shall have power, from time to time, when and as often as they may see proper, to change the appointment and designation of the judge who shall discharge the duty of assisting voters who are physi- cally disabled or blind, as above provided, and designate another judge in his place and stead to perform the same; and for a corrupt violation of any of the provisions of this section, the person so violating shall be deemed guilty of a misdemeanor and be confined in jail not less than one nor more than twelve months. (1899-00, p. 969; 1902-3-4, pp. 14, 468, 931.) Sec. 167. Crowds forbidden; counterfeit ballots. It shall not be law- ful, upon the day of election, for persons to congregate and crowd upon the public highway within one hundred feet of any of the voting places, and any person violating the provisions of this section shall, upon convic- tion thereof, pay a fine of twenty-five dollars or be confined in jail not exceeding ten days. Any member of the electoral board, the printer who shall print the official ballots provided for by this chapter, any judge of election, or any person who shall sell or give to any person whomsoever except where it is distinctly provided by this chapter, any official ballot or copy, or any fac-simile of the same, or any information about the same, or shall counterfeit, or attempt to counterfeit, the same, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined five hundred dollars and imprisoned in jail six months. It shall be the duty of the judges of election to see that the provisions of this section are strictly carried out. (1899-00, p. 969; 1902-3-4, pp. 14, 468, 932.) Sec. 168. Elections in towns. The provisions of this chapter shall apply to all elections held in this State except as is otherwise provided; and where the election is held in an incorporated town for town officers it shall be the duty of all persons who intend to be candidates for office in said town to give notice of said candidacy to the county clerk of the county in which said town is, as provided by section one hundred and fifty-four, and said clerk shall notify the electoral board, and the tickets shall be printed and delivered and the election held and conducted in the manner provided by this chapter, and where the election is to be held to ascertain the sense of the qualified voters of this State, or of any county, city, town, or dis- trict of any county, upon any question submitted to them by law, it shall be the duty of the electoral board of the county or city, or of the county in which said town or district is, as the case may be, to have the words printed upon the tickets directed by the law submitting said question; but in all other respects said elections shall conform to the provisions of this chapter. (1899-00, p. 969; 1902-3-4, pp. 14, 468, 982.) Sec. 169. Penalty for violations. Any violation of the provisions of this chapter, for which no punishment has been otherwise provided, shall be deemed a misdemeanor, and punished by a fine not exceeding one hundred dollars and imprisonment in jail not exceeding one month. (1899- 00, p. 969; 1902-3-4, pp. 14, 468, 932.) Sec. 170. Cost of elections. The cost of conducting elections under this chapter shall be paid by the counties and cities, respectively. (1899- 00, p. 969; 1902-3-4, pp. 14, 468, 933.) Sec. 171. Ballot boxes. The board of supervisors of each county and the council of each city shall, at the expense of their respective coun- ties or cities, procure a ballot box for each place of voting in any election district destitute of the same, which box shall be provided with a lock and key and have an opening through the lid of sufficient size to admit a single folded ballot and no more. The said boxes shall be kept by the judges of election for the use of their several elections districts. (Code 1887, 123; 1902-3-4, p. 933.) 38 Virginia Election Laws Sec. 172. How emptied before election. The judges of election, or one of them, immediately before proclamation is made of the opening of the polls, shall open the ballot boxes in the presence of the people there assembled, and turn them upside down, so as to empty them of everything that is in them, and then lock them, and the key thereof shall be delivered to one of the said judges, and one of the judges shall forthwith proclaim that the polls are open. Said boxes shall not be opened until the close of the polls and for the purposes of counting the ballots therein. (Code 1887, 124; 1902-3-4, p. 933.) Sec. 173. Where ballot box kept; how ballots received and names of voters entered on poll books. The ballot box shall be kept in public view during all elections. The judge to whom any ballot is delivered shall, upon the receipt thereof, pronounce in an audible voice the name of the person from whom the ballot is received, and if his name is found on the registration book, and there be no objection made, the said judge shall, without opening the said ballot or permitting it to be examined (except as provided by section one hundred and sixty-two), deposit the same in the ballot box, whereupon the name of the elector shall be checked on the registration book by one of the judges and entered by the clerks of elec- tion on the poll books and correctly numbered; but where a registered voter has changed his place of residence from one election district to an- other in the same county, and has resided for thirty days in the election district in which he offers to vote, if he has a certificate showing that he was duly registered in his former election district in said county, and that his name has since his removal been erased from the registration books of said election district, it shall be sufficient evidence to -entitle him to vote in the district in which he resides, and his name shall be registered in the registration book by the registrar, if he be present, or by one of the judges of election if he be not present. No person, however, who removes from one city or county to another city or county in this State, or who offers to vote in a city or town having twenty-five hundred inhabitants or more, shall be allowed to vote at any election therein without having first registered upon his transfer at the time and in the modes prescribed in sections ninety-eight and one hundred of this Code. (Code 1887, 125; 1889-90, p. 191; 1902-3-4, pp. 12, 933.) Sec. 174. Challenges. Any elector may, and it shall be the duty of the judges of election to, challenge the vote of any person who may be known or suspected not to be a duly qualified voter. (Code 1887, 126; 1902-3-4, p. 934.) Sec. 175. How challenge tried. When any person is so challenged the judges shall explain to him the qualifications of an elector, and may examine him as to the same ; and if the person insists hat he is qualified, and the challenge is not withdrawn, one of the judges shall tender to him the following oath: "You do solemnly swear (or affirm) that you are a citizen of the United States, that you are twenty-one years old, that you have resided in this State for two years, in this county, city, or town for one year, and in this district thirty days next preceding this election; and that you are, according to the best of your knowledge, information and be- lief, not disqualified from voting by the Constitution or laws of this State; that your name is (here insert the name given) that in such name you were duly registered as a voter of this election district; that you are now an actual resident of the same; that you are the identical person you rep- resent yourself to be; and that you have not voted in this election at this or any voting place. So help you God." If he refuse to take such oath his vote shall be rejected; if, however, he does take it, his vote shall be re- ceived, unless the judges be satisfied, from record or other legal evidence adduced before them, or from their own knowledge that he is not a quali- fied voter, in which case they may refuse to permit such person to vote. And they are hereby authorized to administer the necessary oaths or af- Virginia Election Laws 39 firmations to all witnesses brought before them to testify as to the qualifi- cations of any persons offering to vote. When the vote of any person shall be received, after having taken the oath prescribed in this section, it shall be the duty of the clerks of election to write on the poll books at the end of the name of such person, the word "sworn." (Code 1887, 127; 1902-3-4, p. 934.) Sec. 176. How polls closed; when votes canvassed and result de- clared. As soon as the polls are finally closed (of which closing proclama- tion shall be made by the judges fifteen minutes previously thereto) the judges shall immediately proceed to canvass the vote given at such elec- tion, and the said canvass shall be continued without adjournment until completed and the result thereof declared. (Code 1887, 128; 1902-3-4, p. 934.) Sec. 177. How votes canvassed. The canvass shall commence by taking out of the box the ballots unopened not in secret, but in the pres- ence of at least two representatives from each political party represented in the election, if such representatives request the judges of election to allow them to be present when the ballots are taken from the box, and said representatives shall be entitled to be present and witness the count of the ballots and the making up of the returns as hereinafter provided in this and the following section. In case the said representatives, or any of them, do not request to be present, the judges shall notify the bystanders and select from them as many to come in as with the representatives of the political parties present shall make the number of four, and in their pres- ence shall open the ballot boxes and canvass and count the votes; and the judges of election shall at once proceed to examine and count the ballots to ascertain 'if any double ballots have been cast, and whether the num- ber of ballots corresponds with the number of names on the poll books; and if two or more separate ballots are found so folded together as to represent the appearance of a single ballot they shall be laid aside until the count of the ballots is completed, if, upon a comparison of the said count, and the number of names of electors on the poll books, it appears that the two or more ballots thus folded together were cast by the same elector, they shall be destroyed. If the ballots in the box are found to exceed the number of names on the poll books, all ballots shall be replaced in the ballot box, and after the same shall be well shaken, one of the judges of election, being blindfolded, shall draw therefrom a sufficient number of ballots to reduce the same to a number equal to the number of names of electors on the poll books. The number of ballots being thus made to agree with the number of names on the poll books, the books shall be signed by the judges and attested by the clerks; and the number of names thereon shall be set down in words and figures at the foot of the list of electors on the poll books and over the signatures of the judges and attes- tations of the clerks in the manner and form prescribed by section one hundred and fifty-one. Whenever the number of ballots is reduced by de- struction of fraudulent ballots below the number of names of electors on the poll books the cause of such reduction shall be stated at the foot of the list of electors on the poll books before the same are signed and attested by the judges and clerks, respectively. (Code 1887, 129; 1902-3-4, pp. 12, 934.) Sec. 178. How votes counted and returns made. After the poll books are thus signed and attested, the judges shall, in the presence of such persons as shall be present under the preceding section, proceed to count and ascertain the number of votes cast for each person voted for; and the tickets or ballots shall be distinctly read, and as soon as read and canvassed shall be strung by one of the judges on a string, and the clerk shall set down on the poll books, next after the certificate of the judges at the foot of the list of electors as the returns of the election, the name of every person voted for, written in full length, the office i ? pr which such person received such votes, and the number of votes he received, the num- ber being expressed in figures and also at full length in writing, in' ac- cordance with the form prescribed in said section one hundred and fifty- 40 Virginia Election Laws one, which said returns, when so made out, shall be signed and attested as provided in said section, but no person other than the judges of the elec- tion shall handle the ballots. (Code 1887, 130; 1902-3-4, p. 935.) Sec. 179. When ballot void. If a ballot is found to contain a greater number of names for any one office than the number of persons required to fill the said office, or if the title of the office is erased, the said ballot shall be considered void as to all the names designated to fill such office, but no further; but no ballot shall be void for containing a less number of names than is authorized to be inserted therein. (Code 1887, 131; 1902-3-4, p. 935.) Sec. 180. Poll books and ballots to be sealed; when and by whom delivered to clerk; where kept; if returns not made, how obtained. After canvassing the votes in the manner aforesaid, the judges, before they ad- journ, shall put under cover the poll books, seal the same, and direct them to the county clerk of the county or clerk of the corporation court of the city( as the case may be) in which the election is held; and the poll books thus sealed and directed (together with the ballots strung as aforesaid en- closed and sealed) shall be conveyed by one of the judges, to be deter- mined by lot, if they cannot otherwise agree, to the clerk to whom they are directed on the day following the election, there to remain for the use of the persons who may be 4 lawfully entitled to inspect the same. The clerk to whom the ballots are Delivered as aforesaid, shall, without breaking the seal, deposit them in his office, where they shall be safely kept for twelve months; and he shall not allow the same to be inspected unless in cases of contested elections or unless they became necessary to be used in evi- dence, and then only on the order of the proper court or officer. If from any cause the judges of election shall fail to make return, as pro- vided by this section, within the time limited by section one hundred and eighty-two for the commissioners to meet and open the returns, it shall be the duty of the clerk to whose office such returns ought to have been made to dispatch a special messenger to obtain such returns, who shall be subject to the same penalties and entitled to the same compensation as a judge of election for such service. (Code 1887, 132; 1902-3-4, p. 936.) Se~. 181. Destruction of certain poll books and ballots in clerks' of- fices. Whenever the poll books and ballots required by law to be returned to the clerks' offices in this State shall have remained in said offices for as much as three years, it shall be lawful for the clerks of said offices to destroy these books and ballots upon an order of their respective courts to this effect. (1897-8, p. 845.) Sec. 182. How commissioners of election appointed; when to meet and open returns; how vacancies supplied. The electoral board of each county and city shall, at the time they appoint judges and clerks of elec- tion, designate five of the judges so appointed to act as commissioners, who, or any three of whom shall constitute a board, of which the county clerk or the clerk of the corporation court, as the case may be, shall, ex- officio, be clerk, whose duty it shall be to meet at the clerk's office of the county or city for which they are appointed, on the second iay (Sunday excepted) after any election held therein, and proceed to open the several returns which shall have been made at that office; and the said commis- sioners shall ascertain from the returns the persons who have received the greatest number of votes in the county or city for the several offices to be filled at said election. The result as so ascertained shall be reduced to writing and signed by a majority of the commissioners present and consti- tuting such board, and attested by the clerk, and shall be annexed to the abstract of votes cast at such election, as provided for in section one hundred and eighty-five. If from any cause the number of commissioners in attendance at the time and place for opening returns be less than three, the commissioner or commissioners in attendance shall select from the Virginia Election Laws 41 voters of the county or city, as the case may be, one or more persons haY- ing the qualification of judges of election, who shall act as commissioner or commissioners. Should all the commissioners appointed for any county or city fail to attend at the time and place for opening returns, it shall be lawful for any justice of the county, or the mayor, if the failure occur in any city or town, to appoint from among the voters of the county or city, as 'the case may be, three persons having the qualifications of judges of elections, who shall act as commissioners. The electoral board of the sev- eral counties and cities shall have power to fill vacancies in such appomt-- ments in their respective cities and counties whenever necessary to do stf. Any person appointed under this section to fill a vacancy in the board of commissioners shall, before entering upon the discharge of his duties as commissioner, take an oath before some one authorized ^to administer oaths, to faithfully discharge his duties as commissioner;* and when so sworn shall have all the power and authority and be subject to all the penalties of a judge of election appointed for that purpose by the said electoral board. The fact of the appointment being made, and the oath taken, shall be noted by the clerk at the foot of the abstract of votes pro- vided for in section one hundred and eighty-five. (Code 1887, 133; 1902-3-4, p. 936.) Sec. 183. How irregularities in returns corrected. If it shall appear to any board of election commissioners, in determining the persons who have received the greatest number of votes for the several offices voted for in such election, that irregularities or informalities occur in the returns of the judges or clerks of election, which can be cured by amending or cor- recting the same, it shall be the duty of said board of commissioners imme- diately to summon the said judges and clerks, or such of them as may be requisite, to appear before said board, on some day not exceeding five days from the date of the summons, for the purpose of amending such returns so that the same may conform to the law. The summons may be executed by any sheriff, sergeant, constable, or qualified voter, who shall receive for such service fifty cents for each person summoned, to be paid by the county or city in which such election was held. (Code 1887, 134; 1902- 3-4, p. 937.) Sec. 184. Who to receive certificates of election; how tie determined. In all elections for the choice of any officer, unless it is otherwise ex- pressly provided, the person having the highest number of votes for any office shall be deemed to have been elected to such office and shall receive the certificate of election; but if two or more persons have an equal num- ber of votes for any county, city, town, or district office, and a higher number than any other person, the commissioners aforesaid shall proceed publicly to determine by lot which of the candidates shall be declared elected. (Code 1887, 135; 1902-3-4, T>. 937.) Sec. 185. Abstracts of votes to be made out and certified; to whom forwarded. So soon as the commissioners aforesaid shall determine the persons who have received the highest number of votes for any office, the clerk shall make out abstracts of the votes in the following manner: First, for Governor and Lieutenant-Governor on one sheet: second, for Attorney- General on one sheet; third, for Secretary of the Commonwealth on one sheet: fourth, for State Treasurer on one sheet; fifth, for Superintendent of Public Instruction on one sheet; sixth, for Commissioner of Agriculture and Immigration on one sheet; seventh,- for member or members of the Senate and House of Delegates on one sheet; eighth, for a representative in Congress on one sheet; ninth, for electors of President and Vice-Presi- dent of the United States on one sheet; tenth, for county officers on one sheet; eleventh, for district officers on one sheet; twelfth, for corporation officers on one sheet, which abstracts, being certified and signed bv said commissioners and attested by the clerk, shall be deposited in the office of the latter, and certified copies thereof, numbered one, two, three, four, five, six, seven, eight, nine, ten, eleven, and twelve (when said officers have been voted for at said elections), under the official seal of said clerk, shall be placed in separate envelopes, endorsed, and directed to the Secretary 42 Virginia Election Laws of the Commonwealth, and forwarded immediately to the seat of govern- ment by mail; and the said clerk shall endorse on the back of each en- velope in which the said certified copies are enclosed: "Copy of the ab- stracts of votes cast for Governor, and so forth (as the case may be), cast at the general election in county (or city), in , nineteen hundred and ." Any clerk wilfull^ violating any of the provisions of this section, except those relating to a representative in Congress and to electors for President and Vice-President of the United States, shall be punished by a fine of not less than one hundred nor more than one thou- sand dollars, and by confinement in jail for a period of not less than thirty days nor .more than six months. (Code 1887, 136; 1889-90, p. 8; 1902- 3-4, p. 937.) Sec. 186.When a clerk to make out and deliver certificate of elec- tion. The clerk shall immediately make out, in pursuance of the deter- mination of the commissioners, a certificate of election for each of the persons having the highest number of votes for any county, city, town, or district office, or, in case of a tie, who have been decided by lot to be elected, and deliver the same to the person elected upon his making appli- cation therefor. Any clerk wilfully violating the provisions of this sec- tion shall be punished by a fine of not less than one hundred nor more than one thousand dollars, and by confinement in jail for a period of not less than thirty days nor more than six months. (Code 1887, 137; 1889-90, p. 8; 1902-3-4, p. 937.) Sec. 187. When clerk absent, who to perform his duties. When a clerk shall die, be absent, or from any other cause be prevented from discharging any of the duties required of him under this chapter, it shall be lawful for his deputy, or such other person as may then be acting as clerk, to discharge such duties. (Code 1887, 138; 1902-3-4, p. 938.) Sec. 188. Board of State Canvassers. The Governor, Secretary of the Commonwealth, Auditor of Public Accounts, State Treasurer, Attor- ney-General, or any three of them, shall constitute the Board of State Canvassers. (Code 1887, 139; 1902-3-4, p. 938.) Sec. 189. Secretary of Commonwealth to open and record returns. The Secretary of the Commonwealth, upon receipt of the certified ab- stracts of the votes given in the several counties and cities directed to be sent to him, shall proceed to open the same (except the abstract of votes for Governor and Lieutenant-Governor, the Attorney-General, Secretary of the Commonwealth, and State Treasurer), and shall record them in a suitable book to be kept by him for the purpose, and file and carefully preserve in his office said abstracts and the original envelopes in which they were enclosed. (Code 1887, 140; 1902-3-4, p. 938.) Sec. 190. If abstracts not forwarded, messenger to be sent for them. If from any county or city no such abstract of votes shall have been re- ceived by the Secretary of the Commonwealth within twelve days next after any election, he shall dispatch a special messenger to obtain a copy of the same from the proper clerk; and such clerk shall immediately, on demand of such messenger, make out and deliver to him the copy required, which copy of the abstracts of votes the messenger shall deliver to the Secretary of the Commonwealth without delay, to be recorded by him as aforesaid. (Code 1887, 141; 1902-3-4, p. 938.) Sec. 191. How election returns canvassed by State board and certifi- cates of election given. For the purpose of canvassing the result of elec- tions, the Board of State Canvassers shall meet at the office of the Secre- tary of the Commonwealth on the fourth Monday in November next after the election, when they shall, upon the certified abstracts on file in the of- fice of the Secretary of the Commonwealth, proceed to examine and make statements of the whole number of votes given at any such election for Superintendent of Public Instruction, Commissioner of Agriculture and Immigration, members of the Senate and House of Delegates, Senators and Representatives in Congress, and electors of President and Vice-President of the United States, or for so many of said officers as have been voted for Virginia Election Laws 43 at such election, which statement shall show the names of persons for whom such votes have been given for either of the said offices and the whole number given to each, distinguishing the several districts, cities, and counties in which they were given; they shall certify such statements to be correct and subscribe their names thereto, and they shall thereupon determine what persons have been by the greatest number of votes duly elected to such offices, or either of them, and shall endorse and subscribe on such statements a certificate of such determination and deliver them to the Secretary of the Commonwealth. The Secretary of the Common- wealth shall record in a suitable book to be kept by him in his office for that purpose each certified statement and determination as made by the Board of State Canvassers, and shall without delay make out and transmit to each of the persons thereby declared to be elected (except the Attorney- General, who shall be commissioned by the Governor) a certificate of his election, certified by him under his seal of office. In the election of a Senator he shall also forward to the Clerk of the Senate a certificate of the election of such Senator; and in the case of election of a member of the House of Delegates he shall forward to the Clerk of the House of Delegates a certificate of the election of such member. And upon the first day of the session of the General Assembly he shall lay before each house a list of the members elected thereto, with the districts they repre- sent. In cases of special elections to fill vacancies held at any other time than that fixed for general elections, the Board of State Canvassers shall meet at the office of the Secretary of the Commonwealth on the day after the returns of such elections are received for the purpose of canvassing the result of such special elections in the manner hereinbefore set forth. But if said abstracts, or any of them, shall not be received within twelve days from said election, the board shall meet and adjourn from time to time until the abstracts shall be received; and in any case the board mav adjourn from time to time until their labors are completed. (Code 1887, 14?; 1902-3-4, p. 939.) Sec. 192. How election determined in case of a tie. If any two or more persons have an equal number of votes and a higher number than any other person for Superintendent of Public Instruction, Commissioner of Agriculture and Immigration, member of the Senate or House of Dele- gates, member of Congress, or elector of President and Vice-President of the United States, the State canvassers shall proceed publicly to determine by lot which of them shall be declared elected. Reasonable notice shall be given to such candidates of the time when such election shall be so determined; and if they, or either of them, shall fail to appear in accord- ance with said notice, the State canvassers shall proceed so to determine said election in their absence. (Code 1887, 143; 1902-3-4, p. 939.) Sec. 193. Preservation of order at elections. Any constable of a dis- trict in_ which an election is held, who may be designated for the purpose by the judges of election, shall attend at the place of election and preserve order at and about the same; and if no constable be in attendance, the judges of election may, by writing, appoint one or more persons specially, who shall have all the powers of a constable in the premises. (Code 1887, 144; 1902-3-4, p. 940.) Sec. 194. Intimidation, etc., of voters; how prevented; punishment therefor. The judges of election, if it shall appear that the voters are being intimidated or coerced from any source in the exercise of their suf- frage by bystanders about the polling place, or that voters are being hindered or tampered with in any way so as to prevent the casting of a secret ballot, may order such person or persons so engaged in intimidating, coercing, hindering, or tampering with voters to cease such action, and if such person or persons so engaged do not forthwith desist, the judges of election, or a majority of them, may order the arrest of such persons by a constable or any other person authorized by law to make arrests, and confine him or them in the county or city jail, as the case may be, not 44 Virginia Election Laws exceeding twenty-four hours, and such person or persons, upon convic- tion thereof, shall be punished as for misdemeanor. (1889-90, p. 174; 1902-3-4, pp. 386, 940.) Sec. 195. Intimidation, etc., of election officers; how punished. Any person or persons who shall, by bribery, intimidation, or other unlawful or corrupt means, wilfully hinder* or prevent, or attempt to so hinder or prevent, the election officers at any precinct from holding an election at the time and place set apart and designated as a place for holding such election, shall be deemed guilty of a misdemeanor. (1889-90, p. 174; 1902-3-4, pp. 386, 940.) Sec. 196. Disturbance of election; how prevented. If any person con- duct himself in a noisy, riotous, or tumultuous manner at or about the polls, so as to disturb the election or insult or abuse a judge or a clerk of election, the constable, or any other person authorized to make arrests, may forthwith arrest him and bring him before the judges of the election, and they, by warrant under their hands, may commit him to the jail of the county or corporation for not exceeding twenty-four hours; but they shall permit him to vote if he be so entitled. (Code 1887, 145; 1902-3-4, p. 940.) Sec. 197. How special elections superintended and determined. All special elections, and all elections to fill vacancies in office, shall be super- intended and held, notice thereof given, returns made and certified, votes canvassed, results ascertained and made known, and commissioners and certificates of election given, by the same officers, under the same penal- ties, and subject to the same regulations as prescribed for general elec- tions, except so far as may be otherwise provided, and except also that in case where there is a vacancy in the office of any officer who has some duty to perform in such election, the duties of such officer shall be performed by such other officer or person as shall be appointed for that purpose. (Code 1887, 146; 1902-3-4, p. 940.) Sec. 198. Pay of clerks of courts. Clerks of courts shall receive for their services, performed under any law relative to general or special elec- tions, the following fees, to-wit: For making out abstracts, for every one hundred words, ten cents; for each certificate, with seal attached to ab- stract, twenty-five cents; the fees for such abstracts and certificates shall be paid out of the county, city, or town treasury, as the case may be; for certificate to county officer, with seal attached, fifty cents, which fee, as well as the tax on said seal, shall be paid by the person receiving the certificate. (Code 1887, 147; 1902-3-4, p. 941.) Sec. 199. Pay of sheriffs and sergeants. The sheriffs of counties and sergeants of corporations shall each receive for their services, performed in like manner, the following fees: For posting each notice of election, the sum of fifty cents, which fees shall be paid out of the county or city, or town treasury. (Code 1887, 148; 1902-3-4, p. 941.) Sec. 200. Pay of judges, clerks, registrars, members of electoral board and commissioners. The judges, clerks, registrars, members of elec- toral board, and commissioners of any election shall receive as compen- sation for their services the sum of three dollars each for each day's serv- ice rendered, and the judge carrying the returns and tickets to and from his voting place and to the county clerk's office and the commissioners of election shall receive the pay and mileage now allowed to jurors for each mile necessarily traveled, to be paid out of the treasury of the county, city or town in which the election is held. (Code 1887, 149; 1893-94, p. 579; 1897-98, pp. 193, 280; 1899-00, p. 753; 1901, p. 237; 1901-2, p. 541; 1902-3-4, p. 941; 1920, p. 387.) Sec. 201. Pay of messenger. The special messenger sent by the Sec- retary of the Commonwealth to any county or corporation for a copy of the abstract of votes of such county shall receive as compensation for his services the sum of two dollars per day for the time necessary to go and Virginia Election Laws 45 return from such county or city, and five cents per mile for each mile traveled in going to and returning by the route usually traveled from the capital to such city or to the county seat of such county, to be paid out of the public treasury. (Code 1887, 151; 1902-3-4, p. 941.) CHAPTER 14. Absent Voters. Sec. Sec. 202. Absent voter may vote. 210. Ballots to be furnished by electoral 203. Letter of application for ballot, when board. and how forwarded. 211. Deposit of return ballot by registrar. 204. When voter out of jurisdiction of 212. Names of applicants for ballots to be United States ; how ballot to be sent ; posted. when in army or navy. 213. Box containing ballots to be delivered 205. Duty of registrar on receipt of ap- to judge. plication. 214. Opening box containing ballots. 206. Form of voucher. 215. Disposition of empty envelopes. 207. Form of coupon. 216. Fees of registrar. 208. Receipt, voting and return of ballot. 217. Penalties prescribed. 209. Voting by elector described in section 218. Chapter shall be liberally construed in two hundred and four. favor of absent voter. Sec. 202. Absent voter may vote. Any voter, only when required by his regular business or habitual duties to be absent from the city, if in a city, or from the precinct, if in a county, in which he is registered, may vote; provided, (1916, p. 633; 1922, p. 875.) Sec. 203. Letter of application for ballot, when and how forwarded. He shall make application in writing for a ballot to the registrar of his precinct, not less than fifteen nor more than sixty days prior to the pri- mary or general election in which he desires to vote, if he be within the confines of the United States, or not less than sixty days nor more than ninety days, if he be in the Philippines, Hawaii, Porto Rico, the Canal zone, or in touch with an American consulate in territory over which the United States has no jurisdiction. The application may be handed to the registrar in person, or forwarded to him by mail, and shall contain neces- sary postage, or the correct amount in legal tender, necessary for register- ins: the ballot to him, and full directions for mailing the same. But the failure to enclose necessary postage, shall not render void a vote other- wise legally cast. (1916, p. 633; 1920, p. 268; 1922, p. 875.) Sec. 204. When voter out of jurisdiction of United States; how bal- lot to be sent; when in army or navy. When the voter is not within the jurisdiction of the United States, the letter containing the ballot shall be directed in care of the nearest American consulate, and when in service of the army or navy, of his commanding officer. (1916, p. 633; 1922, p. 875.) Sec. 205. Duty of registrar on receipt of application. The regis- trar, upon receipt of the application for ballot, if the applicant is duly registered in that precinct, shall enroll the name and address of the ap- plicant on a list to be kept by him for the purpose, and forward to the applicant by registered mail the following, all of which shall be furnished by the electoral board: 46 Virginia Election Laws (a) An envelope containing the folded ballot, sealed and marked "Ballot within. Do not open except in presence of postmaster" (or other person mentioned in section two hundred and eight). (b) An envelope, for resealing the marked ballot, on which is printed the "voucher," form of which is hereinafter provided. (c) A properly addressed envelope for the return of said ballot. (d) A printed slip giving full instructions regarding the manner of marking of the ballot, in order that the same may be counted, and how prepared and returned. (e) A "coupon," the form of which is hereinafter given. (Id.) Sec. 206. Form of voucher. The "voucher" called for in section two hundred and five, and printed on the envelope in which the ballot is to be sealed up after the same has been marked, shall be in the fol- lowing form: Voucher. This is to certify that the enclosed ballot was received by me as per my application to the registrar of precinct, county (or city), Virginia. The envelope marked "ballot within" was opened by me in the presence of postmaster (or other person mentioned in section two hundred and eight, infra), of , marked while in his presence and office without assistance or knowledge on the part of anyone as to manner in which same was prepared, and then and there sealed as provided by law. (Signed) Tester , Postmaster, (or other person designated in section two hundred and eight). (Id.) Sec. 207. Form of coupon. The "coupon" called for in section two hundred and six shall be in the following form: Coupon. Name (given by voter) , color , height , age (given by voter) , color of hair , color of eyes , weight (estimated) , birthplace given by voter) , occupation (given by voter) , State and precinct where voter claimed to have last voted To the best of my knowledge, the above information is correct and the applicant has complied with the requirements of the law as above provided. I have no knowledge whatever of the marking, erasure, or in- tent of the ballot enclosed. (Signed).... , Postmaster. (or other person mentioned in section two hundred and eight). (Id.) Sec. 208. Receipt, voting and return of ballot. Upon receipt of the registered letter, forwarded by the registrar, the voter shall not open the sealed envelope, marked "ballot within," except in the presence of the postmaster, or his assistant, postal clerk, or rural letter carrier, and shall then and there mark and refold the ballot without assistance and Virginia Election Laws 47 without making known the manner of marking same. He shall then and there place the ballot in the envelope provided for the same, seal the same, and fill in and sign the voucher printed on the back of the envelope, in the presence of the postmaster or other person hereinabove provided, who shall witness the same in writing. This envelope, together with the coupon, which must be filled out and signed by the postmaster, or other person as herein provided, shall be enclosed within the envelope directed to the registrar, which shall then and there be sealed, registered^ and mailed to the registrar. (Id.) Sec. 209. Voting by elector described in section two hundred and four. An elector, receiving his ballot under the provisions cf section two hundred and four, shall conform to all the requirements of the pre- ceding section, except that the consul, or his assistant, if received at a consulate, or his commanding officer, or some commissioned officer designated by him, if in the army or navy, shall answer in all respects for, and perform all the duties required of the postmaster or his as- sistant or other officer mentioned in the preceding; section; preserving, however, all the secrecy of^the ballots as therein provided, and the same shall be registerd and mailed by the first mail thereafter leaving said con- sulate, command or vessel. (Id.) Sec. 210. Ballots to be furnished by electoral board.- It shall be the duty of the electoral board of each county and city to furnish the registrar of each precinct with a sufficient number of official ballots, each properly sealed in an envelope marked "Ballot within. Do not open except in presence of postmaster" (or other person mentioned in section two hundred and eight), and take his receipt therefor. And it shall be the duty of the registrar to deliver to the judges of election on election day all unused ballots in their original sealed envelopes which remain in his possession, to be by them destroyed as are other unused ballots on that day. (Id.) Sec. 211. Deposit of return ballot by registrar. Upon the receipt of the ballot from the .voter, the registrar shall on the list kept by him, mentioned in section two hundred and five, write in ink, "Received ballot on date" and shall file the coupon enclosed with the sealed ballot, with the letter of application, and deposit the envelope containing the ballot, unopened, in a sealed box to be provided for the purpose, and there it shall remain until the day of election. (Id.) Sec. 212. Names of applicants for ballots to be posted. On the morning of the day of election on which the ballots are to be offered, the registrar shall post a true copy of the list required by- sections two hundred and five and two hundred and eleven in a conspicuous place at the polling place of his precinct. (Id.) Sec. 213. Box containing ballots to be delivered to judge. On the day of election the registrar shall deliver the box containing the sealed ballots together with the letters of application and their accompanying coupons enclosed in envelopes and the list required by sections two hun- dred and five and two hundred and eleven to be kept by him, to the judges of election at his precinct, taking their receipt therefor. (Id.) Sec. 214. Opening box containing ballots. At the close of the regu- lar balloting, the box shall be opened by the judges of election, and the ballots deposited in regular ballot boxes as follows: As each envelope is removed from the box, the name of the voter is to be called and 48 Virginia Election Laws checked as if the voter were voting in person. If found entitled to cast his vote, the envelope is then, but not until then, opened, and the ballot deposited in the regular box without examination or unfolding it, and the name of the voter entered by the clerks on the poll books. (Id.) Sec. 215. Disposition of empty envelopes. When all ballots have been accounted for and either voted or rejected, the empty envelopes that previously contained the ballots are to be placd in an envelope with letters of application and coupons, and they, together with the rejected envelopes, if any, on which, or attached, shall be plainly written the cause of rejection, signed by a majority of the judges, shall be sealed up with the ballots cast at said election to be delivered as provided by law. Id.) Sec. 216. Fees of registrar. The registrar shall receive for each voter availing himself of the provisions of this chapter the same fee that he receives for registering a voter, and the compensation for posting no- tices shall also be governed by the general election laws. (Id.) Sec. 217. Penalties prescribed. Any person attempting to aid or abet fraud in connection with any vote cast, or to be cast, under the pro- visions of this chapter, shall, upon conviction, be sentened to the peniten- tiary for not less than one nor more than five years. Any person attempting to vote by fraudulently signing the name oi a regularly qualified voter shall be guilty of forgery. Any public official who knowingly violates any of the provisions of this chapter, and thereby aids in any way the illegal casting or attempt- ing to cast a vote, or who shall connive to nullify any provisions of this chapter in order that fraud may be perpetrated, shall forever be disquali- fied from holding office in the Commonwealth, and shall forever be dis- qualified from exercising the right of franchise. (Id.) Sec. 218. Chapter shall be liberally construed in favor of absent voter. The provisions of this chapter shall be liberally construed in favor of the absent voter. (Id.) Sec. 219. (Repealed, Acts 1922, p. 875.) Sec. 220. (Repealed, Acts 1922, p. 875.) CHAPTER 15. Primary Elections. Sec. Sec. 221 Construction of words and phrases 227. Right and power of parties. 222. To what nominations this chapter ap- 228. Who may vote. plies. 228. Declaration of candidacy. 223. When primaries to be held. 230. Filing declaration of candidacy. 224. How primaries are to be held. 231. Regulating publications in newspa- 225. The vote required to nominate. pers. 226. Nominations to which chapter is in- 232. Statements of expenditures by candi- applicable. dates. Virginia Election Laws 49 Sec. Sec. 233. Penalties for failure to make state- 241. Abstracts of votes to be made out and nient. certified in nomination of United 234. Expenses of candidates limited, ^n States senators; members of the amount. House of Representatives of the 235 . Influencing vote by soliciting money, United States ; members of the Gen- etc., a misdemeanor. eral Assembly, and State and other 236. Primary ballots and poll books. officers; to whom forwarded. 237. Poll books and ballot boxes. 242. Returns canvassed by State Board of ^ve^ef 1o 243. i SS not forwarded, messenger ' 245. Expense of primary; how paid. 239. How commissioners of election ap- 2 46. When no primary shall be held. pointed; when to meet and open re- 2 47. How primaries may be contested. turns; how vacancies supplied. 2 48. Duty of party authorities. 240. How irregularities fti returns cor- 249. Fees to be paid by candidates. rected. 250. Preservation of order at the polls. Sec. 221. Construction of words and phrases. The words and phrases in this chapter, unless inconsistent with the context, shall be construed as follows : (a) The word "primary," the primary elections provided for by this chapter. (b) The word "election," a general or municipal election as distin- guished from a primary election. (c) The words "general election," the election provided by law for the Tuesday after the first Monday in November of each year. (d) The word "party," a political party or organization, which, at the presidential election next preceding the primary, polled at least one- fourth of the total vote cast at such election. The provisions of this chapter shall be liberally construed so that the will of the electors may not be defeated by any informality. (1912, p. 611; 1914, p. 513.) Sec. 222. To what nominations this chapter applies. This chapter shall apply to the nomination of candidates for such offices as shall be nominated by a direct primary and to no other nominations. The right to provide that a party nomination shall be made by a direct primary or by some other method shall be determined as follows: For a member of the Senate in the Congress of the United States, or for any State office, by the duly constituted authorities of any political party for the State at large; for any district office or member of the House of Representatives of the United States, or for State senator, member of the House of Dele- gates, or for any city, town, or county office, by the duly constituted au- thorities of any political party of the district, county, city, town, or other political subdivision of the State in which such office is to be filled. All nominations made by a direct primary shall be made in accordance with the provisions of this chapter, but nothing in this chapter shall be con- strued to prohibit the printing of the name of an independent candidate or the candidate of a political organization not included in the definition of a "party" as established by this chapter, upon the official ballot used at any election; provided, such candidate complies with the election laws concerning the same. (Id.) Sec. 223. When primaries to be held. Primaries for the nomination of candidates coming within the terms of this chapter shall be held as follows: (a) A primary for the nomination of candidates to be voted for at the general election shall be held on the first Tuesday in August next preceding such election; (b) a primary for the nomination of candidates for officers to be voted for on the second Tuesday in June in the cities and towns of the State shall be held on the first Tuesday in April next preceding such election. (Id.) 50 Virginia Election Laivs Sec. 224. How primaries are to be held. The primaries provided for in this chapter shall be held by three judges appointed for each party par- ticipating from members of that party by the electoral boards of the respective cities and counties in the Stjjp) upon application made by the duly constituted authorities of the party or parties desiring to hold a pri- mary under this law, in such manner as may be provided by the party plan of such party or parties, one of which judges so appointed shall act as clerk in the conduct of such primary so held, at each of the several pre- cincts as now designated or as may be hereafter provided by law. No judge or clerk of any election held under this chapter shall, during the prog- ress of the same, attempt to influence any voter to vote for or against any candidate. The said primaries shall be held by three judges and two clerks, appointed as above provided, for each party participating in said primary, if in the judgment of said board the two clerks are necessary in order to have the vote cast at any voting place. The judges so appointed for each party shall conduct the primary for that party. All the provisions and requirements of the statutes of this State in relation to the holding of elec- tions, the counting of ballots, the making and certifying of returns and all other kindred subjects shall apply to all primaries insofar as they are consistent with this chapter. The courts of record of this State, and the judges thereof in vacation, shall have jurisdiction to enforce the pro- visions of this chapter by injunction, mandamus, prohibition, or any other proper remedy. All the provisions of this Code, insofar as they relate to crimes against the electoral franchise, are hereby made applicable to primaries except when inconsistent with this chapter. Lists of qualified voters shall be furnished the judges of the primary of each party partici- pating in the same manner as they are directed by law to be furnished the judges of election. Each judge of a primary shall, before entering upon the discharge of his duties, take an oath, which may be administered by any judge, faithfully to discharge the duties of his office. In the event of the absence from the voting place of any of the judges appointed by the electoral board for one hour after sunrise, then the other judge or judges present shall appoint a substitute judge or judges from duly qualified voters present of the party or parties holding the primary, and in the absence for two hours after sunrise of all the judges appointed by the electoral board, then three duly qualified voters belonging to the political party holding the election may act as judges and conduct the election in the manner herein prescribed. Any judge or clerk violating the pro- visions of this section shall be deemed guilty of a misdemeanor. (Id.) Sec. 225. The vote required to nominate. Any candidate for party nomination to any office who receives a plurality of the votes cast by his party shall be the nominee of his party for such office and his name shall be printed on the official ballots used in the election for which the primary was held. In case of a tie, the nominee shall be determined by lot in accordance with the election law of the State. But nothing in this sec- tion shall prohibit the county or city committee of any political party from holding a primary which requires a majority of the vote cast in the said primary to nominate. (Id.) Sec. 226. Nominations to which chapter is inapplicable. This chap- ter .shall not apply to the nomination of presidential electors, nor to the nomination of candidates to fill vacancies. (Id.) Sec. 227. Right and power of parties. Each party shall have the power to make its own rules and regulations, call conventions to proclaim a platform or ratify a nomination, or for any other purpose, and perform all functions inherent in such organization. Each party shall have the power to provide in any way it sees fit for the nomination of its candi- dates, and the nomination and election of its candidates for office in case of any vacancy, and the nomination and election of its State, county or city committees; but no convention shall have the power to nominate any Virginia Election Laws 51 candidate to be voted for at any primary. Should the nominee of any party die, or refuse his candidacy, or if his nomination is set aside for fi-uuu between any primary and the succeeding election, any party may nominate to fill such vacancy in accordance with its own rules, except that no party shall nominate any person whose nomination has been set aside for fraud participated in by the candidate. Nothing in this chapter shall be construed to limit or circumscribe the power of any political party to prescribe the rules and regulations for its own government, and to determine its own methods of making nomina- tions for public office; but no party which has adopted the plan of mak- ing nominations for office by primary, shall have the power to nominate by a convention any candidate to be voted for at any particular primary. A primary when held shall be conducted in all respects under the pro- visions of this chapter. (Id.) Sec. 228. Who may vote. All persons qualified to vote at the elec- tion for which the primary is held, and not disqualified by reasons of other requirements, in the law of the party, to which he belongs, may vote at the primary; except that: No person shall vote for the candidates of more than one party: No person shall be permitted to vote for the candidates of any party unless in the last preceding general election he voted for the presidential electors nominated by such party, or for the nominee of the House of Rep- resentatives of such party, or the nominee of such party for Governor, or the nominee of such party for the House of Delegates; but if he did not vote at such general election, then upon his declaration that he will sup- port at the ensuing election the nominee of the party in whose primary he wishes to vote, he shall be allowed to vote. Any person offering to vote at a primary, upon challenge, shall be sworn by one of the judges of the primary, and if he knowingly makes any false statement as to any matter material to his right to vote, he shall be deemed guilty of perjury, and, upon conviction, shall be punished accord- ingly. (Id.) Sec. 229. Declaration of candidacy. The name of no candidate shall be printed upon any official ballot used at any primary unless such person is legally qualified to hold the office for which he is a candidate, and unless at least sixty days before the primary he makes and files a written decla- ration of candidacy, and has complied with the rules and regulations of the proper committee of his party, which declaration shall be in, substantially, the following form: I, , of the county of (or town or city of), a member of the party, declare myself to be a candidate for nomination to the office of to be made at the primary to be held on the " day of This declaration shall be acknowledged before some officer who has the authority to take the acknowledgments to deeds, or attested by two per- sons who can write, signing as witnesses. The .name of no candidate for United States Senate, for representa- tives in Congress, or for any State office shall be printed upon any official ballot used at any primary unless he file along with his declaration of candidacy a petition therefor signed by two hundred and fifty qualified voters of the congressional district of the candidate for House of Repre- sentatives and of the State at large with respect to a candidate for United States Senate or any State office, each signature to which has been wit- nessed by a person whose affidavit to that effect is attached to the petition. Nor shall the name of any candidate for the General Assembly, or for any city or county office, be printed upon any official ballot used at any pri- mary unless he file along with his declaration of candidacy a petition there- 52 Virginia Election Laws for signed by fifty qualified voters of his city or county witnessed as aforesaid and with like affidavit attached thereto. (Id.) Sec. 230. Filing declaration of candidacy. Candidates for nomina- tion shall file their declaration with the chairman or chairmen of the sev- eral committees of the respective parties, and it shall be the duty of such chairman or chairmen to furnish to the electoral boards charged with the duty of preparing and printing the primary ballots the names of the can- didates to be printed thereon. (Id.) Sec. 231. Regulating publications in newspapers. It shall be unlaw- ful for any owner, proprietor, editor, manager, officer, clerk, agent, re- porter, or employee of any newspaper, magazine, or periodical printed or published in this State to take, accept or receive, or agree to take, accept or receive, for himself or any other person, firm or corporation, either by himself or any other person or persons, firm or corporation, any money or other valuable consideration for such newspaper, magazine, or other periodical supporting or advocating the election or defeat of any candidate or candidates at any primary election. Any such owner, proprietor, editor, manager, officer, clerk, agent, reporter, or employee of any newspaper, magazine or other periodical violating the provisions of this section shall be' deemed guilty of a misdemeanor and shall be fined not less than one hundred dollars, nor more than five hundred dollars for each offense. But nothing in this section shall prevent any person or persons, firm 'or corpora- tion engaged in the publication of any newspaper, magazine or periodical from receiving from any person for publication and publishing any mat- ter, article or articles advocating the election or defeat of any candidate or candidates and receiving from such person a compensation therefor, if such articles so published or printed have placed at the beginning thereof in plain type in black face Roman capitals in a conspicuous place the statement, "Paid advertisement." (Id.) Sec. 232. Statement of expenditures by candidates. Every candidate for nomination under the terms of this chapter shall, within twenty days after the day of holding the primary in which he is a candidate, file an itemized statement in writing, duly sworn to, with the clerk of the court of the county or city in which he resides, setting forth each sum of money and thing of value or any consideration whatever constituted, paid or promised by him or any one for him with his knowledge or acquiescence, for the purpose of securing or influencing or in any way affecting his nomination to said office. Said statement shall set forth the sum paid as personal expenses, setting forth fully and in detail the nature, kind and character of the expense from which the sums were expended. If any money or other consideration has been paid or promised to any newspaper, magazine or other periodical, the name of such newspaper, magazine or other periodical shall be set forth as well as the amount or thing prom- ised or paid. In this statement all sums or other consideration promised by him and not paid shall be included. Such statement when so filed shall immediately be subject to public inspection and examination, and shall be and become a public record. No officer shall receive and file any state- ment of any candidate unless it is made in accordance with the require- ments of this chapter. (Id.) Sec. 233. Penalties for failure to make statement. Any candidate for nomination for any office under the terms of this chapter who shall fail, neglect or refuse to file with the proper officer the statement provided for in the preceding section within the time provided therein, or who shall fail to fully set out in detail any and all sums of money, or other thing of value or consideration expended, paid or promised, shall be guilty of a misdemeanor. (Id.) Sec. 234. Expenses of candidates limited in amount. No candidate for any office at any primary shall spend for any purpose whatever, a larger sum than an amount equal to fifteen cents for every vote cast for Virginia Election Laws 53 the candidate of his party receiving the largest vote at the last preceding gubernatorial election, within the territory, the qualified voters of which have the right to vote for the office for whose nomination such person is a candidate at such primary; except that in legislative districts where more than six candidates are to be nominated for the General Assembly, a can- didate for the General Assembly may spend not more than forty per centum of the salary to be paid him if elected. Any person violating the provisions of this section shall be guilty of a misdemeanor. (Id.) Sec. 235. Influencing vote by soliciting money, etc., a misdemeanor. No person shall solicit, request, or demand, directly or indirectly, any money, intoxicating liquor or any thing of value to influence his vote, or to be used, or u-nder the pretense of being used, to procure the vote of any other person or persons, at any primary for or against any candidate for office. Any person violating the provisions of this section shall be guilty of a misdemeanor, and upon conviction thereof shall be fined not less than twenty nor more than five hundred dollars and conviction shall disqualify such person from voting in this State for five years there- after. (Id.) Sec. 236. Primary ballots. The primary ballots for the several parties taking part in a primary shall be printed and delivered to the judges of election by the city or county electoral boards. These ballots shall be official and shall be composed, arranged, printed and provided in the same manner as the official election ballots except that across the head of each official primary ballot shall be printed in plain black type the date of the primary, the name of the political party, the names of whose candidates are printed thereon, and immediately underneath the following words: "Primary election ballot." The number of ballots printed for each party participating in the primary shall be equal to the number of qualified voters of such party. (Id.) Sec. 237. Poll books and ballot boxes. There shall be two poll books and a separate ballot box provided for each party taking part in any pri- mary. The ballot box of each party shall have plainly marked upon its top the words, "Primary ballot box," and immediately under the words the name of the party which uses the same. Two poll books shall be pro- vided for each party participating in the primary, and each poll book shall bear conspicuously upon its cover the name of the party whose voters are recorded therein, and shall have printed therein the following: Tally Sheet. For (name of party) for the precinct in the county of , for a primary held on day of A. D. The names of candidates for nominations shall be placed on the tally sheets of each political party by the primary clerks in the order in which they appear on the primary ballot. Copies of this chapter shall be distributed by the Secretary of the Commonwealth to the various members of the electoral boards and judges of election and clerks of circuit and corporation courts throughout the State. (Id.) Sec. 238. Poll books and ballots to be sealed; when and by whom de- livered to clerks; where kept; if returns not made, how obtained. After canvassing the votes, the judges, before they adjourn, shall put under cover the poll books, seal the same, and direct them to the clerk of the circuit court of the county or the clerk of the corporation court of the city, as the case may be, in which the election is held, and the poll books thus sealed and directed, together with the ballots strung, enclosed and sealed, shall be conveyed by one of the judges, to be determined by lot if they cannot otherwise agree, to the clerk to whom they are directed, on the day following the election, there to remain for the use of the persons who may be lawfully entitled to inspect the same. The clerk to whom the ballots are delivered, as aforesaid, shall, without breaking the seal, deposit them 54 Virginia Election Laws in his office, where they shall be safely kept for twelve months; and he shall not allow the same to be inspected unless in cases of contested elec- tions or unless they become necessary to be used in evidence, and then only on the order of the court given jurisdiction of such contest, or as otherwise provided in this chapter. The judges of election shall be responsible for all the primary ballots delivered to them, and shall return to the clerk of the circuit court of the county or the corporation court of the city, as the case may be, all unused ballots, including those not voted and those spoiled by voters while attempting to vote. Said clerks shall give his receipt for such unused ballots and shall retain the same in his office as provided in rspect of ballots which have been voted. If from any cause the judges of election shall fail to make returns as provided by this section, within the time limited by the following section for the commissioners to meet and open the returns, it shall be the duty of the clerk to whose office such re- turns ought to have been made to dispatch a special messenger to obtain such returns, who shall be subject to the same penalties and entitled to the same compensation as a judge of election for such services. (Id.) Sec. 239. How commissioners of election appointed; when to meet and open returns; how vacancies supplied. The electoral board in each county and city shall at the time they appoint judges and clerks of election desig- nate five of the judges so appointed to act as commissioners, who, or any three of whom, shall constitute a board, which shall elect one of their number secretary, whose duty it shall be to meet at the clerk's office of the county or city for which they are appointed, on the second day after any primary election held therein, and proceed to open the returns which shall have been made at that office; and the said commissioners shall ascertain from the returns the candidates who have received the greatest number of votes in the county or city. The result as so ascertained shall be reduced to writing and signed by a majority of the commissioners present and con- stituting such board, and attested by the secretary, and shall be annexed to the abstract of votes cast at such election, as provided for in section two hundred and forty-one. If from any cause the number of commissioners in attendance at the time and place for opening returns be less than three, the commissioner or commissioners in attendance shall select from the voters of the county or city, as the case may be, one or more persons having the qualification of judge of election, who shall act as commissioner or commissioners. The electoral boards of the respective counties and cities shall have power to fill vacancies in such appointments in their re- spective cities and counties whenever necessary to do so. Any person ap- pointed under this section to fill a vacancy in the board of commissioners, shall, before entering upon the discharge of his duties as commissioner, take an oath before some one authorized to administer oaths, to faith- fully discharge his duties as commissioner, and when so sworn shall have all the power and authority, and be subject to all the penalties of a judge of election. The fact of the appointment being made, and the oath taken, shall be noted by the secretary at the foot of the abstract of votes provided for in section two hundred and forty-one. (Id.) Sec. 240. How irregularities in returns corrected. If it shall appear to any board of election commissioners, in determining the candidates who have received the greatest number of votes, that irregularities or informali- ties occur in the returns of the judges or clerks of election, which can be cured by amending or correcting the same, it shall be the duty of said board of commissioners immediately to summon the said judges and clerks, or such of them as may be requisite, to appear before the said board, on some day not exceeding five days from the date of the summons, for the purpose of amending such returns so that the same may conform to the law. The summons may be executed by any sheriff, sergeant, constable, or qualified voter, who shall receive for such service fifty cents for each per- son summoned, to be paid by the county or city in which such election was held. (Id.) Virginia Election Laws 55 Sec. 241. Abstracts of votes to be made out and certified in nomina- tion of United States Senators; members of the House of Representatives of the United States; members of the General Assembly, and State and other officers; to whom forwarded. As soon as the commissioners afore- said shall determine the persons who have received the highest number of votes for nomination to any such office, the secretary shall immediately make out abstracts and certificates of the votes cast for United States senators, members of the House of Representatives, State officers, mem- bers of the General Assembly, county, city and district officers (as the case may be), which abstracts being certified and signed by said commissioners and attested by the secretary shall be deposited in the office of the clerk of the court, under seal, and certified copies thereof shall be placed in an en- velope by said secretary, and forwarded by registered mail as follows: For United States senator and State officers to the Secretary of the Common- wealth; for members of the House of Representatives of the United States, to the chairman of the congressional district committee; for State senator to the chairman or several chairmen, as the case may be, of the county or counties and cities composing the senatorial district; for member of the House of Delegates, to the chairman, or several chairmen, of the county or counties and cities comprising the district; and for county and city and district officers, to the chairman of the county or city; and the said secre- tary shall endorse on the back of the envelope in which said certified copies are enclosed: "Copy of the abstract of votes cast in the primary elec- tion in county (or city as the case may be) on nineteen hundred and " The chairman or chairmen hereinbefore referred to are the chairman or chairmen of the political party or parties under whose auspices the pri- mary is held. Any secretary wilfully violating any of the provisions of this section shall be punished by a fine of not less than one hundred dollars or more than one thousand dollars, or by confinement in jail for a period of not less than thirty days nor more than six months. The chairman or chairmen in the several instances aforesaid shall ascertain and publish in some newspaper in the district, county or city the names of the persons receiving the nomination. If from any county, city or congressional district the abstracts of votes shall not have been received within eight days after any primary by the chairman or chairmen of the party holding the election, he or they, as the case may be, shall dispatch a messenger to obtain a copy of the same from the secretary of the board of election commissioners, and the expense thereof shall be borne by the council of the city or the board of supervisors of the county wherein the delinquent secretary resides. (Id.) Sec. 242. Returns canvassed by State Board of Canvassers. The Secretary of the Commonwealth shall lay the certified abstract aforesaid before the State Board of Canvassers whom he shall convene for the pur- pose not later than ten days after their reception, and they shall open and tabulate the said returns and declare the nominees in manner and form as they do in general elections. (Id.) Sec. 243. If abstracts not forwarded, messenger to be sent for them. If from any county or city the abstract of votes shall not have been received within twelve days after any State primary election by the Secre- tary of the Commonwealth, he shall dispatch a special messenger to obtain a copy of the same from the secretary of the board of election commis- sioners; and said secretary shall immediately, on demand of such messen- ger, make out and deliver to him the copy required, which copy of the abstract of votes the messenger shall deliver to the Secretary of the Com- mon viealth without delay. 56 Virginia Election Laws The said special messenger shall receive for his services and mileage, the same compensation and mileage provided for a special messenger under section one hundred and ninety of the general elections laws, to be paid upon warrant of the board of supervisors of the county or council of the city, on the treasurer of such county or city, out of such funds as may be provided for the expenses of said election. (Id.) Sec. 244. False entries, etc. Any person who shall be guilty of steal- ing, or wilfully, fraudulently and wrongfully breaking, destroying, muti- lating, defacing, falsifying, or unlawfully moving, securing, or detaining the whole or any part of any ballot box, or any record, primary poll book, tally sheet or copy thereof, or the returns or any other paper or document required to be used in holding elections, or who shall fraudulently make any entry, erasure or alteration therein, or who shall fraudulently permit any other person to do so, shall be guilty of a misdemeanor, and upon con- viction thereof, shall be fined not less than two hundred nor more than one thousand dollars, and be confined in jail not more than sixty days, and such conviction shall disqualify such person from voting or holding office in this State thereafter. (Id.) Sec. 245. Expense of primary; how paid. The necessary expenses in- cident to holding and conducting primaries, such as the payment of judges and clerks of election, necessary stationery and supplies, rent of polling places, furnishing and distributing ballot boxes and poll books, delivering poll books, printing and providing ballots, and other like expense shall be paid as expenses of elections are paid. (Id.) Sec. 246. When no primary shall be held. Whenever within the time prescribed by this chapter there is only one declaration of candidacy in a political party for the nomination for any office, the name of the person filing such declaration shall be declared the nominee of such party for the office for which he has announced his candidacy. No primary shall be held for the nomination of candidates for office when the authorities of a political party acting within the discretion vested in them by this chapter shall require the nomination to be made otherwise. (Id.) Sec. 247. How primaries may be contested. Any primary election may be contested as follows: The nomination for United States senators and State officers in the circuit court of the city of Richmond; the nomination for candidates for the House of Representatives of the United States, State senators, mem- bers of the House of Delegates, and all county, district and city officers in the circuit court of the county or city in which the contestee resides. All contests shall be conducted according to the rules of law and equity gov- erning contest in regular elections. (Id.) Sec. 248. Duty of party'authorities. It shall be the duty of the chair- man and secretary of the State central committee of every party, by writ- ing signed by themselves, to notify the Secretary of the Commonwealth whether such committee has or has not adopted the direct primary and to what candidates such adoption refers. In case the discretion of nominat- ing local candidates be vested in the local committees, then it shall be the duty of the chairman and secretary of such local committee to notify the Secretary of the Commonwealth of the action taken by them in such re- gard; and the Secretary of the Commonwealth shall thereupon order the holding of a primary election in any county, city or other district of the State in which he is so notified that a primary is intended to be held. The notification required by this section shall be made at least thirty days before the date herein set for the primaries and, at all primaries held under this chapter, each candidate may have a representative at the polls, except when there are more than two candidates, in which case there shall be only two representatives, one to be appointed by a majority of the candidates and the other by the minority of the candidates. Virginia Election Laws 57 Nothing in this chapter shall be construed to require the county and city treasurers to pay expenses of more than one primary held by any one party for one election, but if any of the subordinate party committees call a primary at a date other than the date for the general primary, then the expenses of the primary called by such subordinate party committee shall be paid by the candidates themselves, (Id.) Sec. 249. Fees to be paid by candidates. Every candidate for any office at any primary shall, before he files his declaration of candidacy, as provided in the foregoing sections, pay a fee equal to two per centum of one years' salary attached to the office for which he is candidate. In case of a candidate whose compensation is paid in whole or in part by fees, the amount to be paid by such candidate as his contribution for the payment of the expenses of the primary shall be fixed by the proper committee of the respective parties. If there is no salary the fee shall be one dollar. These fees shall be paid as follows: (a) Candidates for United States senators, for representatives in Congress, and for all State offices shall pay such fee to the Auditor of Public Accounts of Virginia. Candidates for the Senate of Virginia or the House of Delegates of Virginia shall pay the primary fee to the treasurer of the candidate's county or city, and where the candidate's district is composed of more than one county or city the fee must be equally divided among the coun- ties and cities in the district, and paid to the respective treasurers by the candidate. The primary fees paid to the Auditor of Public Accounts shall be paid by him into the State treasury to the credit of a fund to be known as "The State primary fee fund," and shall be kept separate and distinct from all other monies in the treasury of the State. In the event a prospective candidate pays the fee to the Auditor of Public Accounts, and does not become a candidate, the Auditor of Public Accounts shall pay back the fee by warrant upon the State primary fee fund, and in the event the candidate who has paid the fee is not opposed, the Auditor of Public Accounts shall pay back the fee by warrant upon the State primary fee fund. All other State primary fees paid to the Auditor of Public Accounts shall, after the primary has been held, be paid to the literary fund of the State by warrant drawn upon the State primary fee fund, and any interest earned upon the State primary fees whilst the same remain in the State treasury to the credit of the State primary fee fund shall belong to the general fund of the Commonwealth. Primary fees heretofore paid the Auditor of Public Accounts, and now in his custody, as well as primary fees hereafter paid to the Auditor of Public Accounts, shall be by him disposed of in the manner herein- before provided for. (b) All other candidates shall pay said fee to the treasurer of the city or county in which they reside. A receipt for the payment of said fee must accompany and be attached to said declaration of candidacy; other- wise the same shall not be received or filed; provided, that when for dis- trict officers of more than one county the fee shall be divided equally be- tween the counties comprising such district and paid to the respective treasurers thereof. In the event a prospective candidate pays the fee to a county or city treasurer and does not become a candidate, the treasurer shall pay back the fee; and in the event the candidate who has paid the fee is not opposed, the treasurer shall pay back the fee. All other pri- mary fees paid a county or city treasurer shall, after the primary has been held, be paid or placed to the credit of the fund of the county or city out of which the expenses of the primary were paid by the county or city. (1912, p. 611; 1914, p. 513; 1918, p. 96.) Sec. 250. Preservation of order at the polls. The judges conducting a primary may require a constable present to assist in preserving order at 58 Virginia Election Laws or near the polls, and in his absence may appoint a special constable for the purpose aforesaid, who for the time being shall be clothed with all the powers and subject to all the duties of a duly elected constable. (1912, p. 611; 1914, p. 513.) CHAPTER 14J. Pure Elections. Sec. Sec. 251. To promote pure elections and conven- 254. Certificate or commission not to issue tions, and to prevent corrupt prac- until statement and oath filed. tices or bribery in same by candi- 255. Penalty prescribed. dates. 256. Officers not permitted to qualify un- 252. To prohibit corrupt practices or brib- mUf anT^h ery by any person other than candi- ^ion 257. When election to be declared null and 253. Requiring candidates to furnish lists void. of expenses and declaring void elec- 258. Witnesses giving in case of Superintendent of 263. New election in case of a tie. Public Instruction and Commissioner 264. Contested elections of Governor, Lieu- 'of Agriculture and Immigration. tenant - Governor, Attorney - General, 267. How election of county, corporation Secretary of the Commonwealth, State and district officers contested. Treasurer, Superintendent of Public 268. No appeal. Sec. 259. How election of members of the General Assembly con- tested. Any person intending to contest the election of another, as a Sen- ator or Delegate to the General Assembly, shall, within fifteen days after the day on which the election commenced, give to the other notice thereof in writing, and a list of the votes he will dispute, with his objections to each, and the votes improperly rejected for which he will contend. If he object to the legality of the election, or eligibility of the person elected, the notice shall set forth the objections; and the person whose election is contested, shall, within five days after receiving such notice, deliver to^his adversary a like list of all the votes which he will dispute, with his objec- tions, and the votes improperly rejected which he will claim, and the notice of his objections, if any he has, to the eligibility of the contesting party. Each party shall append to the list of votes he intends to dispute or claim an oath to the following effect: "I do swear (or affirm) that I have rea- son to believe that the persons, whose names are above mentioned, are not legally qualified (or are qualified, as the case may be), to vote in the county of (or corporation or district of )." The contestant shall take his depositions within twenty days after the day of election, and the contestee shall begin and complete the taking of his depo- sitions within ten days after the time fixed for the contestant to take his depositions. No depositions shall be read in favor of either party which are not taken within the time herein prescribed. (Code 1887, 152.) Sec. 260. How notice given and depositions taken. Any notice re- quired by this, or any other chapter relating to elections, may be given, and the lists before mentioned may be delivered, in the mode prescribed by law for giving notices. Every deposition shall be taken, after reason- able notice, before a justice or notary, who shall certify and seal up the same in like manner as if the deposition was in a civil suit, and direct the same to the clerk of the house in which the seat is contested. When the petition of the party contesting is referred to a committee, the clerk shall refer the depositions with the petition. (Code 1887, 153.) Sec. 261. How witnesses summoned and paid. Subpoenas for wit- nesses shall be issued by the clerks of the circuit and corporation courts, upon the application of either party. Such witnesses shall be entitled to the same allowances and privileges, and be subject to the same penalties, as witnesses summoned to attend the said courts. (Code 1887, 154.) Sec. 262. When and where petition presented. A petition or com- plaint shall be presented in writing to the proper house by the contesting party within ten days after its meeting, if the disputed election was held at the regular November election; or if it was a special election to supply a vacancy during the session of the General Assembly, within thirty days after such election. (Code 1887, 155.) Virginia Election Laws 61 Sec. 263. New election in 'case of a tie. If after investigation it shall be ascertained by the house in which the contest is being had, that an equal number of legal votes were given for the petitioner and for the member returned, the election shall be null and void, and a writ of elec- tion ordered, as in other cases of vacancy. (Code 1887, 156.) Sec. 254. Contested elections of Governor, Lieutenant-Governor, Attorney-General, Secretary of the Commonwealth, State Treasurer, Superintendent of Public Instruction, and the Commissioner of Agricul- ture and Immigration. In all contested elections of Governor, Lieutenant- Governor, Attorney-General, Secretary of the Commonwealth, State Treasurer, Superintendent, of Public Instruction, and Commissioner of Agriculture and Immigration, notice of such contest shall be given to the party whose election is contested within* fifteen days after the declaration of the result of such election shall have been officially made, and a counter notice shall be given to the contestant within ten days after the receipt of the notice of contest. Depositions shall be taken and certified to the Clerk of the House of Delegates, in contest for Governor, Lieutenant-Governor, Attorney-General, Secretary of the Commonwealth, and State Treasurer, as prescribed in contests for seats in the General Assembly, and in contests for the office of Superintendent of Public Instruction and Commissioner of Agriculture and Immigration the depositions shall be certified to the special court provided for in section two hundred and sixty-six; and the witnesses shall be summoned and entitled to like allowances and privi- leges, and be subject to like penalties as witnesses summoned to attend the circuit or corporation courts. (Code 1887, 157; 1902-3-4, p. 582.) Sec. 265. How contest determined in case of Governor, Lieutenant- Governor, Secretary of the Commonwealth, Treasurer, and Attorney-Gen- eral. Contested elections, in the cases of Governor, Lieutenant-Governor, Secretary of the Commonwealth, State Treasurer, and Attorney-General, shall be determined by the General Assembly, both branches thereof sitting in joint session in the hall of the House of Delegates, at which joint ses- sion the Speaker of the House of Delegates- shall preside. (Code 1887, 158; 1902-3-4, p. 583.) Sec. 266. How, in case of Superintendent of Public Instruction and Commissioner of Agriculture and Immigration. Contested elections for the offices of Superintendent of Public Instruction and Commissioner of Agriculture and Immigration shall be determined by a special court com- posed of three circuit judges (selected by the Governor), upon either oral or written evidence, taken in accordance with the laws prescribing the mode of taking and receiving testimony in courts of justice. The rules of proceeding shall be such as the said court may prescribe. Notice of such contest shall be delivered to the Governor, who shall issue his proclama- tion, convening the said court in the court room of the Supreme Court of Appeals, in the city of Richmond, at such time as he may appoint, not ex- ceeding ninety days after the date of such notice. Whereupon it shall be the duty of such court to hear and determine such case or cases of con- tested election. If any member of said court is prevented by any cause from sitting, his place shall be filled by selection of some other circuit judge by the Governor. (Code 1887, 159; 1902-3-4, p. 583.) Sec. 267. How election of county, corporation, and district officers contested. The returns of elections of county, corporation, and district officers shall be subject to the inquiry, determination and judgment of the circuit court of the county or corporation court of the city wherein the election was held, upon the complaint of fifteen or more qualified voters of such county, corporation or district, of an undue election or false return. If the objection be to the legality of the election or eligibility of the person receiving the certificate, the complaint shall so state, and the nature of the objection. If the objection be on the ground of votes received or rejected, the complaint shall set forth a list of such as were improperly received, 62 Virginia Election Laws with the objections to each, and of the votes improperly rejected. Two of the persons making the complaint shall take and subscribe an oath that the facts therein stated are true to the best of their knowledge and belief. The complaint shall be filed in the clerk's office of the circuit court of the county or corporation court of the city, and a copy thereof served, as a notice is served within fifteen days after the election, on the person whose election is contested, otherwise the complaint shall not be valid. Such per- son shall, within ten days after the copy is served on him as aforesaid, file in the clerk's office a counter complaint, in which he shall set forth a list of all the votes which he will dispute, with the objections to each, and of the votes improperly rejected which he will claim, and a statement of the objections, if any he has, to the person in whose behalf the contest is made. If no such counter complaint be filed within the time prescribed, the person whose election is contested shall not be heard to assert any claim or objection which is herein required to be stated in such counter complaint. After service of a copy of the complaint as aforesaid, either party, after reasonable notice to the adverse party, shall be at liberty to take depositions to sustain or invalidate the election or return, and unless good cause be shown for a continuance, the court, at the next term, shall proceed to determine the contest without a jury, on the testimony thus taken and upon any other legal testimony that may be adduced by either party. In judging of such election or return, the court shall proceed on the merits thereof and decide the same according to the Constitution and laws. When the contest is decided, a certificate of election shall be granted to the successful party, unless he shall have already received one. If, however, the court shall be of the opinion that there has been no valid election of any person, the proceedings shall be in conformity with sec- tion one hundred and thirty-six. (Code 1887, 160; 1902-3-4, p. 583.) Sec. 268. No appeal. No petition shall be presented for an appeal from or writ of error or supersedeas to any judgment or order of a circuit or corporation court under the preceding section, but the judgment or order of said court shall be final. (Code 1887, 161; 1902-3-4, p. 584.) CHAPTER 186. Offenses Against the Election Laws. Sec. Sec. 4723. Judge, clerk, etc., failing to attend or fraudulently putting ballot in box, election, how punished. or, etc., how punished. 4724. Officer, etc., neglecting his duty in 4726 Non-residents voting at election in regard to election, or doing it cor- * h .is. State - how Punished. ruptly, how punished. 4727 - n * un ^ he r | CeiVmg bribe f r V te ' 4725. Person voting unlawfully, or advis- 4728. Wilfully rejecting, or corruptly reg- ing another to do so, or attempting istering a voter, how punished. by threats or bribe to influence vote 4729. Altering, destroying, etc., books, etc., of elector, or furnishing false ballot, of registration, how punished. Sec. 4723. Judge, clerk, etc., failing to attend election, how punished. If any judge, clerk or commissioner of election fail to attend at the time and place appointed for such election, or to perform any of the duties im- posed on him by law, without good and sufficien-t reason, he shall be fined not less than ten nor more than one hundred dollars. (Code 1887, 3849.) Sec. 4724. Officer, etc., neglecting his duty in regard to election, or doing it corruptly, how punished. If any officer, messenger, or other per- son on whom any duty is enjoined by law relative to general, primary or special elections, be guilty of any wilful neglect of such duty, or any cor- Virginia Election Laws 63 rupt conduct in the execution of the same, he shall be fined not exceeding five hundred dollars, and confined in jail not exceeding one year; and if any officer be convicted as aforesaid, he shall be removed from office. (Code 1887, 3850.) Sec. 4725. Person voting unlawfuly, or advising another to do so, or attempting by threats or bribe to influence vote of elector, or furnishing false ballot, or fraudulently putting ballot in box, or, etc., how punished. If any person knowingly vote in any election district in which he does not actually reside, or, in which he is not a registered voter; or vote more than once at the same election; or not being a qualified elector, vote at any elec- tion with an unlawful intent; or procure, aid, assist, counsel, or advise another to vote, knowing that such person is not duly qualified to vote at the place where, and the time when, the vote is to be given; or, by threat or bribery, attempt to influence any elector in giving his vote or ballot, or, by such means, attempt to deter him from giving his vote or ballot; or procure, aid, assist, counsel, or advise another to go or come into any county, corporation, or election district for the purpose of illegally giving his vote in such county, corporation, or election district, knowing that such person is not legally qualified to vote therein; or furnish a ballot to an elector, who cannot read the language in which such ballot is printed or written, informing him that it contains a name or names different from those which are written or printed thereon, with an intent to deceive and induce him to vote contrary to his inclination; or fraudulently or deceit- fully change a ballot of an elector, by which such elector is prevented from voting for such candidate or candidates as he intended; or, after proclamation made of the opening of the polls and at any time before the vote is fully canvassed, fraudulently put a ballot or ticket in the box, he shall be confined in jail not exceeding one year, and fined not exceeding one thousand dollars. (Code 1887, 3851.) Sec. 4726. Non-residents, voting at election in this State, how pun- ished. If any person, not a resident of this State, vote at any election held in this State, he shall be confined in the penitentiary not less than six nor more than twelve months and fined not exceeding five hundred dol- lars; or, in the discretion of the jury, be confined in jail not exceeding twelve months and fined not exceeding one thousand dollars. (Code 1887, 3852.) Sec. 4727. Giving or receiving bribe for vote, how punished. If any person, directly or indirectly, give to a voter in any election any money, goods, or chattels under an agreement, express or implied, that such voter shall give his vote for a particular candidate, or for or agafnst any ques- tion voted on at any such election, such person shall be fined not less than one hundred dollars nor more than one thousand dollars, or confined in jail not less than one nor more than twelve months. And the voter re- ceiving such money, goods, or chattels, in pursuance of such agreement, shall be punished in like manner with the person giving the same. (Code 1887, 3853; 1902-3-4, p. 880.) Sec. 4728. Wilfully rejecting, or corruptly registering a voter, how punished. If any registrar wilfully or maliciously reject from registra- tion, or corruptly register any person, contrary to law, he shall be deemed guilty of a misdemeanor. (Code 1887, 3854.) Sec. 4729. Altering, destroying, etc., books, etc., of registration, how punished. If any officer or other person illegally change, alter, amend, or destroy any books or lists of registration, he shall be fined not less than fifty nor more than one hundred dollars, and confined in jail not less than three nor more than twelve months. (Code 1887, 3855.) 64 Virginia Election Laws CERTAIN SECTIONS OF THE CODE CONCERNING ELECTIONS IN CITIES AND TOWNS. Sec. 2994. Election of mayor and councilmen of towns. In every town there shall be elected every two years, on the second Tuesday in June, one elector of the said town, who shall be denominated the mayor, and lot less than three nor more than nine other electors, who shall be de- nominated the councilmen of said town. The mayor and councilmen shall constitute the council of said town. (Code 1887, 1021; 1902-3-4, p. 41.2; 1908, p. 46.) Sec. 2995. Appointment of registrars and judges of election. The electoral board of the county within which such town; or the greater part thereof, is situated, shall, not less than fifteen days before any town elec- tion therein, appoint one registrar and three judges of election, who shall also act as commissioners of election. The said registrar shall, before any election in said town, register all voters who are residents of such town, and who shall have previously registered as voters in the county, or either of them, in which said town is situated, and none others. The said regis- trar shall be governed, as to his qualification and powers, and in the per- formance of his duties, by the general laws of this Commonwealth, so far as the same may be applicable. (Code 1887, 1022; 1902-3-4, pp. 68, 412.) Sec. 2996. Opening of polls, etc., to conform to general laws. Such list of registered voters shall be placed by the registrar in the hands of the judges of election, who shall, at the time and in the manner prescribed by law, open a poll at the place designated by the proper officer; and the manner of receiving the ballots and canvassing the vote shall conform to the general law. (Code 1887, 1023; 1902-3-4, p. 412.) Sec. 2997. Who may vote. The electors of a town shall be actual residents thereof and qualified to vote for members of the General As- sembly. (Code 1887, 1024; 1902-3-4, p. 412.) Sec. 2998. Returns of elections. The election shall close at sunset of the day thereof, and the judges shall count the ballots and make dupli- cate returns of the result. One of said returns, with the ballots sealed up, shall be returned to the clerk's office of the court of the county; the other shall be returned to the council and recorded in the record book of said council. (Code 1887, 1025; 1902-3-4, p.^ 412.) Sec. 2999. Only one voting place; notice of election; how given. There shall be but one voting place in each town, which shall be fixed by ordinance, or, if there be no such ordinance, then by the judges of elec- tion. Of the time and place of such election five days' notice shall be given by the sheriff to the electors of the town by causing written or printed notices to be postd at three or more public places within the town, and in such other mode as he may deem best. (Code 1887, 1026; 1902-3-4, p. 412.) Sec. 3000. Penalty on sheriff. If any sheriff fail to perform any duty required of him by the preceding section, he shall forfeit to the town one hundred dollars. Any proceeding to enforce such forfeiture shall be com- menced within one year after the same was incurred. (Code 1887, 1027; 1902-3-4, p. 412.) Sec. 3001. When town officers to qualify. The persons so elected shall enter upon the duties of their office on the first day of September next succeeding their election, and shall continue in office until their suc- cessors are qualified. (Code 1887, 1028; 1902-3-4, p. 412.) Sec. 3003. Council of town to judge of returns of members; may punish or expel members; when and where new election to be held; how vacancies filled. The council of a town shall judge of the election, qualifi- cation, and returns of its members; may fine them for disorderly behavior, and, with the concurrence of two-thirds, expel a member. If any person returned be adjudged disqualified or be expelled, a new election to fill the vacancy shall be held at the same place, on such day as the council may prescribe, except that when there shall be vacancies in the majority of Virginia Election Laws 65 the council, the circuit court or the judge thereof in vacation, shall fill such vacancies. Any vacancy occurring otherwise during the term for whicn any of the said persons have been elected may be filled by the council by the appointment of any one eligible to such office. A vacancy in the office of mayor may be filled by the council from the electors of said town. (Code 1887, 1030; 1902-3-4, p. 412.) Sec. 3004. Suspension and removal of other town officers. The coun- cil shall have power to suspend and concurrent jurisdiction with the circuit courts to remove all other town officers, whether they be elected or ap- pointed, for misconduct in office or neglect of duty, to be specified in the order of suspension or removal; but no such removal shall be made with- out reasonable notice to the officer complained of, and an opportunity afforded him to be heard in his defense. (Code 1887, 1031; 1902-3-4, p. 412.) Sec. 3007. Clerk of courts of cities. In each city which has a court, in whose office deeds are admitted to record, there shall be elected for a term of eight years, by the qualified voters of such city, a clerk of said court, who shall perform such other duties as may be required by law. There shall be elected, in like manner and for a like term, all such addi- tional clerks of courts for cities as may be authorized by law, so long as such courts shall continue in existence. But in no city of less than thirty thousand inhabitants shall there be more than one clerk of the court, who shall be clerk of all the courts of record in such city. (1902-3-4, p. 412.) Sec. 3008. Commonwealth's attorneys for cities. In every city, SO long as it has a corporation court or a separate circuit court, there shall be elected, for a term of four years by the qualified voters of such city, one attorney for the Commonwealth, who shall also, in those cities having a separate circuit court, be the attorney for the Commonwealth for such cir- cuit court. (1902-3-4, p. 412.) Sec. 3012. Mayors, councils, and other elective officers of cities; when elected; when their terms begin, etc. The mayors and councils of cities shall be elected on the second Tuesday in June, immediately preceding the expiration of the terms of office of their predecessors, and their terms of office shall begin on the first day of September succeeding; all other city officers elected by the electors of such citres shall be elected on the Tues- day after the first Monday in November, and their terms of office shall begin on the first day of January succeeding, except that the terms of office of clerks of city courts shall begin coincidently with those of the judges of their said courts. (1902-3-4, pp. 412, 889.) Sec. 3026. Sergeants of cities and towns; their powers and duties. In every city and town, unless otherwise provided by its charter, there shall be elected by the qualified voters thereof one sergeant. The term of office of a city sergeant shall be four years and of a town sergeant two years, and their duties shall be as prescribed by law. Sergeants of towns shall have the same powers and discharge the same duties as constables within the corporate limits of the said towns, and to a distance of one mile beyond the same. (Code 1887, 1034; 1902-3-4, p. 412.) ACT EXTENDING THE RIGHT OF SUFFRAGE TO WOMEN. Section 1. In addition to the male persons who are or may be qualified under the Constitution and laws of the Commonwealth of Virginia to vote for members of the Gen- eral Assembly and all officers elective by the people, every female citizen of the United States, twenty-one years of age, who has been a resident of the State two years, of the county, city or town one year, and of the precinct in which she offers to vote thirty days next preceding the election in which she offers to vote, has been registered, and has paid her State poll taxes as hereinafter required, shall be entitled to vote for members of the General Assembly and all officers elective by the people ; but removal from one precinct to another in the same county, city or town shall not deprive any woman of her right to vote in the precinct from which she has moved, until the expiration of thirty days after such removal. For the purpose of registering and voting, the residence of a mar- ried woman shall not be controlled by the residence or domicile of her husband. (1920, p. 588 ; 1922, p. 462.) 66 Virginia Election Laws Sec. 2. After this act shall become effective, every female citizen of the United States, having the qualification of age and residence required by the preceding section of this act, shall be entitled to register, provided: First. If she offers to register in the year in which this act becomes effective, has personally paid to the proper officer one dollar and fifty cents in satisfaction of the poll tax assessed or assessable against her for the next succeeding year ; or if she offers to register in the year succeeding the year in which this act becomes effective, has personally paid the State poll tax assessed or assessable against her for that year ; or if she offers to register in the second- year succeeding the year in which this act becomes effective, has per- sonally paid all State poll taxes assessed or assessable against her for the preceding year ; or if she offers to register in the third year succeeding the year in which this act becomes effective, has personally paid the State poll taxes assessed or assessable against her for the two years next preceding the year in which she offers to register ; or if she offers to register in the fourth year succeeding the year in which this act becomes effective, or there- after, has personally paid all State poll taxes assessed or assssable against her under this act for the three years next preceding that in which she offers to register ; or if she come of age at such time that no poll tax shall have been assessable against her for the year preceding the year in which she offers to register, has personally paid one dollar and fifty cents in satisfaction of the first year's poll tax assessable against her ; and, Second. That, unless physically unable, she make application to register in her own handwriting, without aid, suggestion or memorandum, in the presence of the registration officers, stating therein her name, age, date and place of birth, residence and occupation at the time and for two years next preceding, and whether she has previously voted, and, if so, the State, county, and precinct in which she voted last ; and, Third. That she answer on oath any and all questions affecting her qualifications as an elector, submitted to her by the officers of registration, which questions, and her answers thereto, shall be reduced to writing, certified by the said officers, and preserved as a part of their official records. (1920, p. 588.) Sec. 3. Any person registered under the foregoing provisions of this act shall have the right to vote for members of the General Assembly and all officers elective by the people, subject to the following conditions : That she shall as a prerequisite to the right to vote after this act becomes effective personally pay at least six months prior to the election, all State poll taxes assessed or assessable against her under this act during the three years next preceding that in which she offers to vote ; provided that she shall, unless physically unable, prepare and deposit her ballot without aid, on such printed form as the law may prescribe ; and, provided, further, that the requirement that poll taxes shall have been personally paid at least six months prior to the election shall not apply to any election which may be held in the year in which this act becomes effective, for which year no poll tax is levied, but the pay- ment of the poll tax for the year next succeeding the year in which this act becomes effective at any time before thirty days next preceding such election held in the year in which this act becomes effective shall- entitle her to vote in such election, if otherwise qualified. Sec. 4. There is hereby levied, for the year succeeding the year in which this act becomes effective, and for every year thereafter, a State capitation tax of one dollar and fifty cents on every female resident of the State not less than twenty-one years of age, one dollar of which shall be applied exclusively in aid of the public free schools, in proportion to the school population, and the residue shall be returned and paid by the State into the treasury of the county or city in which it was collected to be appropriated by the proper county or city authorities to such county or city purposes as they shall respectively deter- mine ; but said State "capitation tax shall not be a lien upon, nor collected by legal process from, the personal property which may be exempt from levy or distress under the poor debtor's law. But no woman shall be required to pay more ^than one State poll tax for any one year, and any statutory provision in force on the day 'this act takes effect, requir- ing the payment of a State poll tax by women is hereby repealed. Sec. 5. Each registrar shall register every female citizen of the United States of his election district, who shall apply to be registered under the provisions of this act, and who is entitled to be registered under the said provisions, but no woman belonging to any of the classes mentioned in section twenty-three of the Constitution of Virginia shall be permitted to register or vote, and section ninety-three of the Code of Virginia, so far as applicable, shall be complied with. Furthermore, before a registrar shall register the name of any woman as a voter under this act, he shall be satisfied of her qualifica- tions as hereinbefore prescribed, and every woman applying for registration shall, before she is registered, take and subscribe to the following oath: "I , do solemnly swear (or affirm) that I am entitled to register under the act of Assembly of Virginia, extending the right of suffrage to women, and that I am not disqualified from exercising the right of suffrage by the said act," which oath, so subscribed, shall be filed with the registrar and preserved with the books of registration. Sec. 6. All the provisions of law in any way concerning elections, in so far as the same are not in conflict with this act, shall be applicable to the registration and voting of women in like manner and to the same extent as they are now applicable to the registra- tion and voting of men. Sec. 7. All acts or parts of acts in conflict with this act are to that extent hereby repealed. Virginia Election Laws 67 Sec. 8. This act shall not become effective until a proposed amendment to the Con- stitution of the United States extending the right of suffrage to women shall become a part of the Constitution of the United States in the manner prescribed by law, if such proposed amendment shall not become a part of the said Constitution until after the ex- piration of ninety days from the adjournment of this session of this General Assembly ; but if such proposed amendment shall become a part of the said Constitution before the expiration of said ninety days, this act shall take effect ninety days after the adjournment of this session of the General Assembly. (1920, p. 588.) ELECTION OF MEMBERS OF THE STATE CORPORATION COMMISSION. Chap. 55. An ACT providing for the election of the members of the State Corporation Commission by the qualified voters of the State and providing for their terms and commission. Approved February 16, 1918. Whereas, the Constitution of Virginia, section one hundred and fifty-five, provides that "After the first day of January, nineteen hundred and eight, the General Assembly may provide for the election of the members of the commission by the qualified voters of the State' ' ; therefore : 1. Be it enacted by the General Assembly of Virginia, That at the general election, to be held in the month of November, nineteen hundred and nineteen, and at the general election to be held in the month of November in each alternate year thereafter, there shall be elected by the qualified voters of the State a citizen of this State, possessing the qualifications prescribed by Constitution and by law, to be a member of the State Corpora- tion Commission (which shall be composed of three members), and whose term of office shall be that prescribed by the Constitution, and shall begin on the first day of February next succeeding his election, except in the case of an appointee to fill a vacancy, in which case the term of office of any such appointee shall begin from the date of his qualification. When a vacancy shall occur after the passage of this act, the same shall be filled by ap- pointment by the Governor, as provided in section one hundred and fifty-five of the Con- stitution, until the expiration of twenty days after the next general election held not less than sixty days after the vacancy occurs, at which election the vacancy shall be filled for the residue of the unexpired term. The members of the State Corporation Commission now in office, and the appointee of the Governor, whose term of office begins on the first day of February, nineteen hundred and eighteen, and those hereafter to be elected or ap- pointed, shall hold office for the respective terms for which they have been, or may here- after be, chosen and until their respective successors in office have been appointed or elected and qualified, unless they shall sooner be removed from office as prescribed "by the Constitution or by law. The Governor shall commission each of the members of the State Corporation Commission, who may be appointed or elected, as the case may be, and said commission shall be filed in the office of the clerk of the State Corporation Commis- sion. 2. The votes cast at elections for members of the State Corporation Commission shall be counted and returns made to the various clerks of the counties and cities of the Com- monwealth, as provided by law for other State officers, and shall be canvassed by commis- sioners of election, certified to the Secretary of the Commonwealth, and canvassed by the Board of State Canvassers, as the law directs the votes for Superintendent of Public In- struction and the Commissioner of Agriculture and Immigration to be canvassed and certi- fied. In case the election of a member of the State Corporation Commission is contested, the same shall be instituted and proceeded with and determined by the General Assembly in same manner as is provided for contests for the office of Governor, Lieutenant-Governor, Secretary of the Commonwealth, State Treasurer and Attorney-General. 3. That all acts and parts of acts in conflict with this act be, and they are hereby, repealed. (Acts 1918, p. 108.) Chap. 111. An ACT to provide for the registration of voters in cities having a popula- tion of fifty thousand or more ; and to repeal an act entitled an act to provide for the registration of voters in cities having a population of one hundred thousand or more, approved March 20, 1920. Approved March 2, 1922. 1. Be it enacted by the General Assembly of Virginia, That the electoral board of each city having a population of fifty thousand or more may, in its discretion, prior to the first day of April, nineteen hundred and twenty-three, and every alternate year thereafter, appoint a general registrar for such city, who shall be a discreet citizen and resident of the city for which he is appointed, and such registrar shall not hold any other office, by election or appointments, during his term. Said registrar shall hold office for two years from the first day of May following his appointment, and until his ruc- cessor is duly qualified, except as provided in section six of this act. The appointment of such general registrar shall be in addition to the office of registrar in each election dis- 68 Virginia Election Laws trict in such city now provided for by law, except that in cities of more than fifty thou- sand and less than sixty thousand inhabitants the appointment of such general registrar shall automatically abolish the office of registrar in each election district in such city now provided for by law ; but each of such registrars, upon the appointment of the gen- eral registrar provided for in this act shall deliver to said registrar all books, papers, and documents pertaining to their respective offices. 2. Such general registrar, subject to the approval of the electoral board, may ap- point such assistants as may be necessary for the performance of the duties of his office, and said assistants are hereby authorized to do all things necessary for the registration of qualified voters, and their compensation shall be fixed and paid as the compensation and salaries of other city officers are fixed and paid. 3. Tt shall be the duty of said general registrar to maintain in the city hall, or other municipal building, of the city for which he is appointed, an office wherein all qualified voters of such city may be registered. 4. Such general registrar shall keep separate registration books for each election district in said city, and, except as otherwise provided in this act, perform all of the duties now required by law to be performed by the registrars of the election districts of said city. 5. The city for which he is appointed shall furnish the general registrar a suitable office in the city hall, or other municipal building, of said city. All fees collected by the general registrar, or any of his assistants, shall be paid into the city treasury, and the council of the city shall allow said general registrar an annual salary for performing the duties required of him. 6. If any electoral board shall appoint a general registrar in pursuance of this act, it may, at the expiration of the term of any such general registrar, abolish such office by declining to appoint a successor and giving notice of such intention to the incum- bent, if any, in which event the preceding sections of this act shall cease to be operative in such city, and the registration of voters in such city thereafter shall in all respects conform to the general law (other than this act) then in force. 7. An act entitled an act to provide for the registration of voters in cities having a population of one hundred thousand or more, approved March twentieth, nineteen hun- dred and twenty, is hereby repealed. (1922, p. 184.) Chap. 51. An ACT providing for the use of voting machines in cities of fifty thousand inhabitants or more. Approved February 25, 1922. Be it enacted by the General Assembly of Virginia, as follows: 1. Councils of certain cities may purchase and order use of voting machines. The council of any city in this State, having, according to the last decennial United States census, a population of fifty thousand inhabitants or more may purchase and order the use of voting machines in any one or more voting precincts within said city. 2. Bonds Certificates of indebtedness. The city council, on the adoption and purchase of a voting machine, may provide for the payment therefor in such manner as it may deem for the best interest of such city, and may for that purpose issue bonds, certificates of indebtedness, or other obligations, which shall be a charge on the city. Such bonds, certificates or other obligations may be issued with or without interest, payable at such time or times as the council may determine, but shall not be issued or sold at less than par. 3. Commissioners. The Board of State Canvassers shall, ex-officio, be the State Board of Voting Machine Commissioners. 4. Examination of machine Report of commissioners Compensation. Any person or corporation owning or being interested in any voting machine may call upon the State Board of Voting Machine Commissioners to examine the said machine, and make report to the Secretary of the Commonwealth upon the capacity of the said machine to register the will of the voters, its accuracy and efficiency, and with respect to its mechanical per- fections and imperfections. Their report shall be filed in the office of the Secretary of the Commonwealth and shall state whether in their opinion the kind of machine so exam- ined can be safely used by such voters at elections under the conditions prescribed in this act. If the report states that the machine can be so used, it shall be deemed ap- proved by the said board, and machines of its kind may be adopted for use at elections -as herein provided. No form of voting machine not so approved may be used at any election. The State Board of Voting Machine Commissioners is authorized to employ such experts as it may deem necessary to assist in the examination of a machine at a cost not exceeding fifty dollars for each examination, the said cost to be borne by the person or corporation applying for such examination. 5. Construction of machine approved. A voting machine approved by the State Board of Voting Machine Commissioners must be so constructed as to provide a sufficient number of pairs of "yes" or "no" counters with the operating or voting devices therefor, and to Virginia Election Laws 69 provide facilities for voting for the candidates of at least seven different parties or or- ganizations, must permit a voter to vote for any person for any office although not nomi- nated as a candidate by any party or organization, and must permit voting in absolute secrecy. It must also be so constructed as to prevent voting for more than one person for the same office, except where the voter is lawfully entitled to vote for more than one person for that office ; and it must afford him an opportunity to vote for any or all per- sons for that office as he is by law entitled to vote for and no more, at the same time preventing his voting for the same person twice. It may also be provided with one ballot in each party column or row containing only the words "presidential electors," preceded by the party name, and a vote for such ballots shall operate as a vote for all the candi- dates of such party for presidential electors. Such machine shall be so constructed as to accurately account for every vote cast upon it. It shall also be constructed so that any voter may readily understand and understandingly and within the period of one minute cast his vote for all candidates of his choice. The machine must be provided with a lock or locks by the use of which any movement of the voting or registering mechanism is absolutely prevented, and so that it cannot be tampered with or manipulated for any fraudu- lent purpose ; and the machine must be susceptible of being so closed during the progress of the voting as that no person can see or know the number of votes registered for any candidate. 6. Experimental use. The council of any such city may provide for the experimental use at any election in one or more election districts, of a machine which it might lawfully adopt, without- a formal adoption thereof ; and its use at such election shall be as valid for all purposes as if it had been lawfully adopted. 7. Duties of local authorities. The electoral board of any city adopting a voting ma- chine shall, as soon as practicable thereafter, provide for each polling place one or more voting machines in complete working order, and shall thereafter keep them in repair, and shall have the custody thereof and of the furniture and equipment of the polling place when not in use at an election. If it shall be impracticable to supply each and every election district with a voting machine or voting machines at any election following such adoption, as many may be supplied as it is practicable to procure, and the same may be used in such election district or districts within the city as the council adopting the same may direct. 8. Ballots Form. In any city authorizing the use of voting machines the electoral board thereof shall furnish to the judges of election of the several precincts in which such voting machines are to be used a sufficient number of suitable ballots of such size as will fit the ballot frame, the arrangement of the names of the candidates on such ballots to be prescribed by the said electoral board ; provided, that all the provisions of sections one hundred and fifty-five, one hundred and fifty -six, one hundred and fifty-seven, and one hundred and fifty-eight of the Code of Virginia not in conflict herewith shall remain in full force and effect. 9. Sample ballots. The electoral board shall provide for each voting precinct two sample ballots, which shall be arranged in the form of a diagram showing the entire front of the voting machine as it will appear after the official ballots are arranged for voting on election day. Such sample ballots shall be open to public inspection at such polling place during the day of election. 10. Duties of election officers Independent ballots. The judges of election and clerks of each district shall meet at the voting place therein, at least three-quarters of an hour before the time set for the opening of the polls at each election, and shall proceed to arrange within the guard rail the furniture, stationery and voting machines for the conduct of the election. The judges of election shall then and there have the voting ma- chines, ballots and stationery required to be delivered to them for such election. The judges shall thereupon cause at least two instruction cards to be posted conspicuously within the polling place. If not previously done, they shall arrange, in their proper place on the voting machine, the ballots containing the names of the offices to be filled at such elec- tion, and the names of the candidates nominated therefor. If not previously done, the machine shall be so arranged as to show that no vote has been cast, and the same shall not be thereafter operated, except by electors in voting. Before the polls are open for election, each judge shall carefully examine every machine, and see that no vote has been cast, and the same shall be subject to inspection of the election officers. Ballots voted for any person, whose name does not appear on the machine as a nominated candidate for office, are herein referred to as independent ballots. When two or more persons are to be elected to the same office, and the machine requires that all independent ballots voted for that office be deposited in a single receptacle or device, an elector may vote in or by such receptacle or device for one or more persons whose names do not appear upon the machine with or without the names of one or more persons whose names do so appear. With that exception, and except for presidential electors, no independent ballot shall be voted for any person for any office whose name appears on the machine as a nominated candidate for that office ; any independent ballot so voted shall not be counted. An inde- pendent ballot must be cast in its appropriate place on the machine, or it shall be void and not counted. 11. Voting machine in plain view Guard rail. The exterior of the voting machine and every part of the polling place shall be in plain view of the election officers. The voting machine shall be placed at least three feet from every wall and partition of the polling place, and at least three feet from the guard rail, and at least four feet from the clerk's table. A guard rail shall be constructed at least three feet from the machine, with open- ings to admit electors to and from the machine. 70 Virginia Election Laws 12. Method of voting. After the opening of the polls, the judges shall not allow any voter to pass within the guard rail until they ascertain that he is duly entitled to vote. Only one voter at a time shall be permitted to pass within the guard rail to vote. The operating of the voting machine by the elector while voting shall be secret and obscured from all other persons except as provided by this chapter in cases of voting by assisted electors. No voter shall remain within the voting machine booth longer than one minute, and if he shall refuse to leave it after the lapse of one minute, he shall be removed by the judges. 13. Additional instructions. In case any elector, after entering the voting machine booth shall ask for further instructions concerning the manner of voting, two judges shall give such instructions to him ; but no judge or other election officer or person assisting an elector shall in any manner request, suggest, or to seek to persuade or induce any such elector to vote any particular ticket, or for any particular candidate, or for or against any par- ticular amendment, question, or proposition. After receiving such instructions, such elector shall vote as in the case of an unassisted voter. 14. Injury to machine. No' voter, or other person, shall deface or injure the voting machine or the ballot thereon. It shall be the duty of the judges to enforce the provisions of this section. During the entire period of an election, at least one of their number, designated by them from time to time, shall be stationed beside the entrance to the booth and shall see that it is properly closed after a voter has entered it to vote. He shall also, at such intervals as he may deem proper or necessary, examine the face of the ma- chine to ascertain whether it has been defaced, or injured, to detect the wrongdoer and to repair any injury. 15. Canvass of vote. As soon as the polls of the election are closed, the judges of the election thereat shall immediately lock the voting machine against voting and open the counting compartments in the presence of all persons who may be lawfully within the polling place, and proceed to canvass the vote. 16. Judges to lock machine. The judges of election shall, as soon as the count is completed and fully ascertained as in this chapter required, lock the machine against voting, and it shall so remain for the period of five days. 17. Written statements of election. After the total vote for each candidate has been ascertained, and before leaving the room or voting place, the judges shall make and sign written statements of election, as required by the election laws now in force, except that such statements of the canvass need not contain any ballots except the independent ballots as herein provided. 18. What statutes apply Separate ballots. All of the provisions of the election law now in force and not inconsistent with the provisions of this chapter shall apply with full force to all cities adopting the use of the voting machines. Nothing in this chapter rhall be construed as prohibiting the use of a separate ballot for constitutional amendments and other public measures. 19. Primary elections. If in any city voting machines shall have been adopted under the laws of this State, and shall be on hand for use at regular or special elections, i uch machines may be used at primary elections in such city. When so used all provisions of the laws of this State providing for or applying to their use at general or special elections not inconsistent with the provisions of this act, and all provisions of this act as far as applicable, shall apply to the use of such voting machines at such primary elections. THE PRIMARY PLAN OF THE DEMOCRATIC PARTY ADOPTED FEBRUARY 13, 1913. Who May Vote. All white persons qualified to vote at the election for which the primary is held may vote at the primary ; provided, however, that no person shall be permitted to vote unless at the last next preceding general election he voted for the presidential electors of the Demo- cratic party, or for the nominee of the House of Representatives of the party, or the nominee for Governor, or the nominee for House of Delegates ; provided, further, that if he did not vote at such general election, then upon his declaration that he will support at the ensuing election the nominee of the party, he shall be allowed to vote. United States Senatorial Primaries and State Elective Officers. The primary for the nomination of United States Senators and all State elective officers shall be held at such time as the State Central Committee may determine, of which at least ninety days' public notice shall be given. Declaration of Candidacy. The name of no candidate shall be printed upon any official ballot used at any primary election, unless such person is legally qualified to hold the office for which he is a candi- Virginia Election Laws 71 date, and unless at least sixty days before the primary he makes and files a written declara- tion of candidacy and has paid the fee required on or before the day upon which he has been required to file his declaration of candidacy by the State committee and has complied with the rules and regulations of the party. The county and city committees shall select and appoint three judges, one of whom shall act as clerk, to hold and conduct the election at each voting place, who shall can- vass the returns, tabulate, certify and seal them, and within two days after the election shall deliver the returns to the county or city chairman, who in turn with the city or county committee shall within five days after the receipt of such returns canvass the same and certify the result as the act to establish and holding of primary elections, ap- proved March 14, 1912, requires. Poll books used at the various precincts throughout the State shall, after the vote has been properly canvassed and counted, and the certificate of the returns made out and signed, be securely sealed and returned along with the said certificate to the respective county and city committees, which committees are required to preserve and safely keep said poll books, subject to the inspection, control and disposition of the State Central Committee for a period of at least twelve months. If only one person shall announce his candidacy in accordance with the foregoing pro- vision, the chairman shall make known that fact, and declare the said person the nominee, and give notice that no one will be voted for for that office. Representatives in Congress. Congressional primary elections shall be held under the direction of the respective dis- trict committees. Each district committee will decide upon what date the primary election will be held throughout the congressional district ; but will leave to the respective county and city committees the selection and appointment of the judges and clerks, who shall con- duct the election, and who shall, within two days after the election, certify the returns to the county or city chairman, who, in turn, with the city or county committee shall, within five days after their receipt, canvass the returns, tabulate and seal them and certify the result to the chairman of the district committee. The chairman of the district committee shall call the same together within ten days after said primary election, and power is given the committee to adjourn from time to time until all the returns are in and can- vassed, when the committee shall declare the result of the election. The poll books shall be ' returned, as heretofore provided, and shall be subject, for at least twelve months, to the inspection and control of the district committee. The said district committee shall give at least ninety days' public notice in the Demo- cratic papers of the district, of the time at which said primary is to be held, which notice shall require all persons who desire to be candidates to give notice thereof, in writing, to the chairman of the district committee on or before a day named, which day shall not be less than sixty days before said primary is to be held, and only such persons as shall comply with said condition shall be voted for at said primary election. If only one person shall comply with this requirement, the district committee shall meet and announce that fact, and declare the said person the nominee, and give notice that the primary election will not be held. The district committee shall decide all contests, subject to an appeal to the State Central Committee. But nothing herein contained shall be taken to limit the right given the said district committee to prescribe the method of making nominations as provided in the act approved March 14, 1912, entitled an act to establish and regulate the holding of primary elections. State Senatorial Primaries. State senatorial primary elections shall be held under the direction of the chairmen of the counties and cities comprising the several senatorial districts throughout the State, except where a single county or city shall comprise a senatorial district, in which r-ase the said primary election for such district shall be held under the direction of the com- mittee for said county or city. The said chairmen, or committee, shall decide upon what date the primary election is to be held throughout the senatorial district. Wherever there is a tie or failure to act in a State senatorial district committee the State chairman shall act with paid committee, leaving to the respective county and city committees the appointment of judges and clerks to conduct the election, which judges shall, within two days after the said primary elec- tion, certify the returns to the respective county and city chairmen, or to the city or county committee, where a single county or city shall comprise a senatorial district, who, in turn, shall, within five days after said election meet ; but mav adjourn from time to time until all the returns are in, and canvass and declare the result of the election. The poll books shall be sealed, returned, and preserved as heretofore provided, and shall be subject to the inspection, control, and disposition of the district committee or committees having jurisdiction. Said chairmen or committee, as the ra=e maye be. shall give at l a n=t ninety days' public notice in Democratic papers of the district of the time at which said primary shall be held, and shall reouire all persons who desire to become candidates to give notice thereof, in writing, sixty davs prior to said primary, to the chairman of the counties and cities composing the senatorial district. Should there be no Democratic paper published in the senatorial district, then the notice herein required to be given, shall be published in any two Democratic papers which the chairmen of the respective counties and cities may select and by posting notices of said election in every voting precinct in the district. If only one person shall oomnlv with the requirement, the chairmen of the counties and cities composing a senatorial district shall meet and announce that fact, except where a single county or city shall comprise a senatorial district, in which case the county or city committee shall meet and announce t>>at fact, and declare the said person the nominee, and give notice that the said primary will not be held. The chairmen of the counties and cities comprising a district shall decide all contests in the presence of the candidates, or in the presence of a representative chosen by each candidate subject to appeal to the district committee or committees having jurisdiction, whose decision shall be final. 72 Virginia Election Laws Primaries for Members of the General Assembly and County and City Officers. County and city committees shall have the direction and regulation of primaries held for the nomination of candidates for members of the General Assembly, county and city offices, respectively, and shall decide contests subject to the right of appeal to the con- gressional district committee, whose decision shall be final. County and city committees shall have the right to determine whether nominations for county and city offices shall be made by primary or by some other method. At all primary elections held for the nomination of candidates for members of the General Assembly, and for county and city offices, the poll books shall be sealed and re- turned by the persons conducting the elections, as provided by law, and preserved by the respective county or city committees for a period of at least twelve months. In all nominations for members of the General Assembly, it shall be discretionary with the properly constituted committees of the counties composing the legislative district, whether House or Senate, having charge of such nominations as to whether such nomi- nations be made pursuant to said primary plan or by some other method. In the selection of all county or city committees the method adopted may be by primary election or otherwise, as the local committee may direct. In the event of a vacancy occurring after the nomination of a candidate and before th election, then the committee, whose duty it would be to hold a primary to fill such vacancy, shall determine the manner in which such vacancy shall be filled. Primary elections held under this plan must be governed by the Act of the General Assembly approved March 14,' 1912, entitled an Act to establish and regulate the holding of primary elections. VIRGINIA DEMOCRATIC ORGANIZATION, ADOPTED AT THE STATE CONVENTION AT NORFOLK, VA., MAY 3, 1900, AND . AMENDED BY THE CONVENTION AT RICHMOND, JUNE 9, 1904, AND FURTHER AMENDED FEBRUARY 13, 1913. State Committee. 1. There shall be a chairman of the Central State and executive committees, elected by the State convention whenever they assemble. 2. There shall be a State committee, composed of five members from each congressional district. Such members shall be appointed by the State conventions on the nomination of their respective congressional delegations ; provided that such nomination shall be made by at least a majority of such district concurring. Otherwise, and in default of such nomi- nation, the president of the convention shall make the appointments for such districts. Vacancies in any such district committees, after the same shall have been formed, shall be filled by the State committee upon the nomination of the remaining members of such district committee. The State committee thus constituted is charged with the affairs of the party, and shall have power to perfect its organization and to direct its conduct in obedience to the declarations and policy of the party, as the game shall be set forth by the State conven- tions. It may decide all questions at issue which may arise in election districts calcu- lated to affect the harmony and the interests of the party, and may, in its discretion, settle all disputes within the party relating to organization or nominations which can- not be settled by county or city committees of the respective localities affected. The State committee shall meet at such times and places as they may themselves determine, but especially at such time and place as the chairman may designate. Executive Committee. 3. There shall be an executive committee, composed of ten persons, to be appointed by the chairman of the State committee, and a secretary, to be appointed by the chair- man, subject to the approval of the committee. It shall be their duty to execute and carry out the plans of the State committee as the same shall, from time to time, be laid down by that committee, under whose authority it shall act, and to whose revision all the acts of this executive committee shall be subject. Congressional District Committees. 4. The members from each congressional district shall constitute a committee for that district, who shall determine the basis of representation and designate the time and place for holding conventions for nominating candidates for Congress, and have charge of all matters relating to the campaign in their respective districts, subject to the control of the State committee or its chairman. Legislative District Committees. 5. The chairmen of the respective county and city committees for the several coun- ties and cities composing any senatorial or legislative district, where they consist of more Virginia Election Laws 73 than one county or city, shall fix the basis of representation and the time and place for holding conventions for nominating the candidates for the State Senate and for the House of Delegates in such district. County and City Organization. 6. Each county and city, by popular meeting, after due notice, or through the medium of existing organization, may appoint a county or city committee, which shall be selected by the Democratic voters of their respective districts or wards. The number of com- mitteemen for each ward or district to be apportioned upon a basis of the number of Democratic votes cast in the next preceding gubernatorial or presidential election, as the county or city committee may determine ; provided, however that no district or ward shall have less than two members. Such committees shall be 'charged with the affairs and con- duct of the party in such county or city, regulating and directing the same, either by districts or wards, or otherwise as such committee may prescribe. Such committees shall be reorganized every two years. All county and city committees must be reorganized in 1901, when nominations are made for the House of Delegates, and every two years there- after. Such committee shall elect a chairman, whose duty it shall be to appoint all meetings and regulate all affairs as to the party which may affect the county or city. In the election of delegates to any elective district convention, it shall be the duty of such committee of the county or city to prescribe, by public notice, whether such ap- pointments shall be made by district, ward, county or city meeting, or by primary election, and the number of delegates to which such district, ward, county, or city shall be entitled. 7. The county and city committee will appoint a superintendent of registration, sub- ject to the control and direction of the county and city chairman, for each precinct in their respective counties and cities. 8. The county and city chairmen, together with the county or city committee, shall appoint five or more reliable precinct committeemen one of whom shall be appointed chair- man or chief of said committee. The duty of this committee shall consist in listing the votes of the precinct and a division of the same into fifties and tens, each division being placed in charge of a chief and leader, to be selected from the most reliable workers of the party. This committee will take charge of the party's interests at the precinct. Proxies. 9. In no committee or other representative body of the party shall any member be permitted to vote by proxy, or otherwise delegate his powers, unless expressly authorized so to do by the power appointing him. J. N. BRENAMAN, J. TAYLOR ELLYSON, Secretary. Chairman State Committee. Richmond, Va., February 13, 1913. INDEX ABSENT VOTERS. PAGE In general 45, 48 May vote when 45 Notice of intention to vote, when and to whom given 45 Application for ballot, how forwarded 45 effect of failure to register 45 Return envelope, how directed when voter out of jurisdiction of United States 45 when voter in army or navy 45 When envelope containing ballot to be opened 46 Opening envelope, marking and returning ballot 46 when voter is out of jurisdiction of the United States 47 when Voter is in army or navy Sealed ballot, called, checked and deposited in regular box. . . 47 Empty envelope, applications, and rejected ballots, disposition of 48 Electoral board to furnish ballots to registrars 47 Fees of registrar 48 posting notices 48 Judge of elections to open box containing ballots 47 Registrar, duties of on receipt of application for ballot 45 book kept by 45 what to enclose in letter 46 -return of unused ballots 47 list of names of voters furnished with ballots 47 deposit of return ballot by list of voters who have applied for ballots 47 copy posted 47 delivered to judge of election 47 Postmaster, duties of 46 Postal clerk and rural letter carrier, duties of . 46 Consular officer, duties of 46 Army and navy officer, duties of 46 Offenses, penalties for 48 Disqualification from franchise 48 Disqualification from holding office 48 ATTORNEY GENERAL. See Election of Particular Officers. BALLOTS. General Assembly to provide for (Va. Const.) 4 Contents (Va. Const.) 4 Substitution of names on (Va. Const.) 4 Secrecy of (Va. Const.) 4 Election to be by 32 How delivered 32 Contents of . 32 How and when printed, form of 33, 34 Oath of printer For presidential electors Duties of electoral boards . 34 76 Virginia Election Laws PAGE Ballots Continued. Sealing of by electoral board 34 How and when opened 34, 35 Delivery to judges 34, 35 Unused ballots 35 Erasure of names on and substitution of others 35 Not to be carried away or copied, penalty 36 Defaced ballots V 36 Improperly printing, or giving information about, or counter- feiting 37 Form of when question submitted 37 Received, how 38 Void, when 40 Sealing 40 Where kept and for how long 40 Destroyed, when 40 Messenger to obtain 40 Changing ballots of another fraudulently, penalty $3 Fraudulently putting ballot in box, penalty 63 BALLOT BOXES. General Assembly may provide for voting machines (Va. Const. ) 5 Persons approaching 35 How provided and kept 37 Opened, emptied, and closed before election 38 Kept in public view during election 38 Virginia Constitution 36 BOARD OF STATE CANVASSERS. See Count of Votes, Returns and Canvass. CANDIDATES. Notification by of intention to become 32 Procedure to become 32 Committees of parties to furnish electoral boards names of candidates 52 Expenditures by, when prohibited 58 by another on behalf of 58 penalty 58 Statement of expenditures when and where filed 58 what to contain 58 oath to 58 penalty for failing to file 59 officer not to qualify until filed 59 nor to receive salary 59 Certificate of election not to issue until statement of expenses and oath filed by candidate . 59 CANVASS. See Count of Votes, Returns and Canvass. CITY ELECTIONS. Clerks of Court 65 Commonwealth's Attorneys 65 Mayor 65 Virginia Election Laws 77 PAGE City Elections Continued. Councilmen 65 terms of 65 Sergeants 65 Registration of voters in cities of more than fifty thousand inhabitants 67 Authorizing use of voting machines in certain 68 CLERKS OF COURTS. See Election of Particular Officers. CLERKS OF ELECTION. Appointment 13, 30 Virginia Constitution Removal 14 Term 30 Qualification 31 Oath 30, 31 Delivery of poll books and ballots to. . 40 Destruction of poll books and ballots 40 Making and certifying abstracts of votes ' 41 To make and deliver certificates of election. . . 42 Absence, who to perform duties 42 Interference with or abuse of 44 Compensation 44 Failing to attend, penalty 62 COMMISSIONER OF AGRICULTURE AND IMMIGRATION. See Election of Particular Officers. COMMISSIONERS OF ELECTION. Appointment 40 Clerk of 40 Meeting 40 Duties and powers 40 Vacancies 40 Oath 40 Penalties 40 Irregularities in returns corrected by 41 Summons issued by 41 Tie vote, how determined 41 Abstract of votes 41 Compensation 44 In towns 64 Failing to attend, penalty 62 COMMISSIONER OF THE REVENUE, COMMONWEALTH'S ATTORNEY, CONGRESSMEN, CONSTABLES. See Election of Particular Officers. CONTESTED ELECTIONS. In general 60, 62 Attorney General 61 how determined . 61 78 Virginia Election Laws PAGE Contested Elections Continued. Appeal 62 Certificate of election . 61 Commissioner of Agriculture and Immigration 61 how determined 61 County, corporation and district officers 61 Depositions 60, 61 For General Assembly 60 when and where petition presented 60 tie, new election 61 Governor 61 how determined 61 Lieutenant Governor 61 how determined 61 Notices 60, 61 Secretary of the Commonwealth 61 how determined 61 Special court to determine 61 State Treasurer 61 how determined 61 Superintendent of Public Instruction 61 how determined 61 Vacancies as result of contested election 59 Void if provisions of chapter 16 violated 59 Witnesses, immunity to 59 how summoned and paid 60 CORPORATION COMMISSION. See Election of Particular Officers. COST. Cost of election 37 COUNT OF VOTES, RETURNS AND CANVASS. Secrecy in canvassing ballots prohibited (Va. Const.) 4 Voting machines, General Assembly may provide for use of (Va. Const.) 5 Determination of 24 Returns, counting . . 24 Corrections, of irregularities in returns 41 Votes, when canvassed 39 How canvassed, who present 39 How votes counted and returns made 39 in town election 64 Tie, how election determined 41, 43 Abstract of votes, to whom certified and forwarded 41 penalty for failure to make 41 Board of State Canvassers 42 how constituted 42 election returns, how canvassed by certificates of election 42 ties, how to determine 43 Certificate of who to receive 41 how made out and delivered .- 42 when Secretary of Commonwealth to give 42 Virginia Election Laws 79 PAGE COUNCILMEN, COUNTY TREASURER. See Election of Particular Officers. DISTRICT OFFICERS. Duties, when to begin 27 Election 27 contested 61 Primary election of, abstract of votes cast for, to whom for- warded 55 fees from candidates, division of 57 Improper expenditures by candidates for 58 by another in his behalf 58 penalty 58 Statement of expenditures 58 when and where filed 58 what to contain 58 oath to 58 penalty for failing to file 59 not to qualify until filed 59 nor to receive salary 59 ELECTION DISTRICTS. Appointment of registrar for 13 Change of boundaries 18, 29 duty of registrars 18 How constituted 29 Number of increased or diminished 29 In cities 30 ELECTION OF PARTICULAR OFFICERS. Attorney General 24 City officers 26, 65 councils 65 mayor 26, 65 sergeant 26 treasurer 26 commonwealth's attorney 26, 65 commissioner of revenue 26 Clerk of the court 25 for city of Richmond 26 for city of Bristol 26 for city of Radford 26 for city of Buena Vista 26 for city with population of thirty thousand or more 26 Clerk of city courts 26, 65 Commissioner of Agriculture and Immigration 24 Commissioners of the revenue 25 in cities 26 Commonwealth's attorney 25 in cities 26, 65 Congressmen 7 apportionment 7 one from each district 8 how and when elected . 8 80 Virginia Election Laws PAGE Election of Particular Officers Continued. vacancy, how filled i Constable additional 26 Corporation Commission, members of Councilmen of city 65 U.L town County treasurers District officers 25 Governor to fill vacancy in office of House of Delegates, members of apportionment vacancy, how filled 11 Justices of the peace additional justices 26 Lieutenant Governor Mayor, of city 26, 65 of town Officers of cities and towns Overseer of the poor Presidential electors, number how and when chosen election and meeting vacancies compensation ballots list of furnished to Secretary of the Commonwealth Secretary of the Commonwealth Senate, apportionment 10 members, when elected vacancy, how filled 11 Senators of United States to fill vacancy in office of Sergeant of city or town 26 Sheriff 25 State Treasurer Superintendent of Public Instruction Supervisors . . . Vacancies, elections to fill 27, 44 in General Assembly 11 ELECTORAL BOARDS. Apportionment 13 Virginia Constitution Terms of members 13 Virginia Constitution Vacancies : 13, 15 Virginia Constitution Powers and duties 13 Virginia Constitution Number of members 13 Virginia Constitution Eligibility, holding other office 13 Virginia Constitution Qualification of members Chairman and secretary Appointment of commissioners of election 40 for primary elections to fill vacancies Appointment of judges 13, 30 Virginia Election Laws 81 PAGE Electoral Boards Continued. for primary elections 50 Virginia Constitution 4 penalty for failing to appoint 30 removal for towns 64 Appointment of clerks 13, 30 Virginia Constitution 4 penalty for failing to appoint 30 removal 14' Appointment of registrars 13, 14 Virginia Constitution . . . 4 removal 14 for towns 64 Secretary 13 expenses of . 14 notice of election to Secretary of the Commonwealth 32 custody of seal 34 custody and delivery of ballots 34, 35 penalty for failure to perform duty 35 Meetings 14, 34 Record of proceedings 14, 34 Pay and mileage 14, 33 oath of claim 14 Seal, custody and use of 34 Stationery and postage for . 14 New registration of voters, when 14 procedure for 14 To order registration books copied, when 15 To direct registration books to be purged 20 Duties as to printing ballots 33 compensation for 33 Arrangement of voting places 35 Improper distribution by of ballots or giving information with respect thereto or counterfeiting, penalty 37 To provide ballots for primary elections 53 Appointment of judges of election and registrars for towns. . 64 EXPENSES OF CANDIDATES. See Candidates. 'jj FEES. Of clerks of courts 44 Of sheriffs and sergeants for posting notice of election 44 GENERAL ELECTIONS. Where held 29 Time of holding 29 Preservation of order at 43 GOVERNOR, JUSTICES OF THE PEACE. See Election of Particular Officers. JUDGES OF ELECTION. Appointment 13, 30 for towns 64 82 Virginia Election Laws PAGE Judges of Election Continued. Virginia Constitution 4 Qualification 13, 30, 31 Virginia Constitution . Vacancies 14 Removal 14 Oath 31 Term 30 List of paid poll taxes furnished to Virginia Constitution Failure to attend, selection of substitute 30 penalty 62 To receive books from and return same to registrar 19 Delivery of ballots to 35 certificate of receipt opened and counted 35 unused ballots 35 Penalty for failing to perform duty Decision of dispute as to precedence of electors May cause arrest of person copying or carrying away ballot. . 36 Assistance of voters by 36 Improperly distributing, or giving information with respect to, or counterfeiting ballots, penalty Ballot boxes kept by To open, empty and close ballot boxes before election Duty with respect to receiving ballot from voter When may register vote Duty to challenge voter 38 Trial of challenge Closing polls, proclamation by judges Canvass of vote by 39 Votes counted and returns made To prevent intimidation of voters May order arrest of persons intimidating voter May commit person to jail for disturbing election Appointment by, of persons to preserve order at elections. . . . Compensation 44 In towns 64 Duty, in town election 64 LIEUTENANT GOVERNOR. See Election of Particular Officers. MESSENGER. To obtain poll books and ballots 40 Compensation 40 Penalties 40 Sent for returns 42 Compensation 44 Neglect of duty or corrupt conduct 62 NOTICES. How given 60 OFFENCES. Registrar failing to deliver registration books 19 Hindrance or disturbance of registrars 19 By electoral board 30 Printing ballots, violation of duty with respect to 33 Virginia Election Laws 83 PAGE Offences Continued. Violation of oath by printer of ballots Wilful violation of section 159; opening sealed package of ballots 35 Carrying away or copying ballot Assisting or advising voter 36, 62 Disposing of, giving information with respect to, or counter- feiting ballots 37 Crowds, congregation at polling places For which no punishment otherwise provided 37 Certificate of election, clerk's failure to make out and deliver. Intimidation of voters - m Intimidating or interfering with election officers Disturbance of 44 Fraud on law relating to voting by absent voter Improper expenditures by candidates. 58 by another on behalf of 58 Candidate failing to file statement of expenditures Judges, clerks, etc., failing to attend 62 Officers, neglect of duty or corrupt conduct 62 Voting illegally 63 aiding or advising 63 in district in which voter does not reside or is not registered. 63 more than once at same election 63 with unlawful intent . , 63 attempting to influence 63 attempting to deter 63 furnishing false ballot 63 fraudulently changing ballot 63 by nonresident 63 Giving or receiving bribe for vote 63 Wilfully rejecting or corruptly registering voter 63 Altering, destroying, etc., books of registration 63 OFFICERS. Eligibility to office (Va. Const.) 5 Terms of office ( Va. Const. ) 5 Oaths of officers (Va. Const.) 5 See Election of Particular Officers. OVERSEERS OF THE POOR. See Election of Particular Officers. POLL BOOKS. How furnished 31 Form of 31 Sealing 40 Destroyed, when 31 Messenger to obtain 40 POLLS. Polling places in cities 30 arrangement When opened and closed 32 How closed 39 Persons approaching ballot box 35 84 Virginia Election Laws PAGE Polls Continued. Crowds forbidden : 37 Town elections, opening closing 64 PRESIDENTIAL ELECTORS. Number, choice of, etc 8 List of furnished to Secretary of Commonwealth 34 Ballots, vote 34 Certificate of election of 42 Tie vote for, how determined . . . .^ 43 Law relative to primary elections not applicable 50 PRESS. Freedom of (Va. Const.) 13 law abridging prohibited (Va. Const.) 59 PRIMARY ELECTIONS. Who may vote (Va. Const.) 5 General Assembly to enact laws to regulate (Va. Const.) .... General provisions for 49, 57 Construction of words 49 Nominations, of what candidates applicable to 49 to which not applicable 50 When held 49 How held 50 Jurisdiction of courts to enforce law relating to 50 Clerks, appointment of 50 duties 50 not to influence voter ' 50 penalty for violating law 41 Electoral boards to appoint judges 50 Vote required to nominate 50 tie, how determined 50 abstract of, to whom forwarded 55 delivery to special messenger. Parties, rights and powers of 50 Electoral board, duty to print and deliver ballots to judges of election 53 Poll books 53 sealing 53 delivery to clerk of court 53 penalty for stealing, destroying, etc 56 Special messenger, when sent for returns penalty compensation when sent for abstract of votes 55 expense e 55 Irregularities in returns, how corrected 54 Abstract of votes cast 55 forwarded to whom . 55 delivery to special messenger Publication of names of persons receiving nominations 55 Expenses, how paid 56 When no primary shall be held 56 Contest of election, how and when conducted 56 immunity of witnesses 59 Polls, candidates to have representatives at 56 Virginia Election Laws 85 PAGE Primary Elections Continued. preservation of order at 57 Certificate of election not to issue until statement of expenses and oath filed by candidate 32 Declared void if chapter 16 has been violated 59 Ballots. When name of candidates printed on 51 How arranged, printed and provided 53 Form 53 Number of 53 Delivery to judges 53 Disposition of unused 53 Delivery of to clerk of court 53 Ballot boxes 53 penalty for stealing, breaking, etc 56 Candidates. Declaration to be made by 51, 52 form of 51 acknowledgment of 51 receipt for fee to accompany 57 When names printed on ballot 51 Name of, furnished to electoral boards 52 Statement of expenditures 52, 58 when and where filed 58 what to contain 58 oath to 58 penalty for failing to file 52, 59 officer not to qualify nor receive pay until filed 59 Expenditures, limit of 52 penalty for exceeding 52 when prohibited 58 by another on behalf of 58 Order of names on tally sheets 53 When declared nominee without primary 56 Representative of, at polls 56 Fees of 57 to whom paid . 57 Judges. Appointment 50 Duties 50 Not to influence voter 50 Oath 50 Vacancies 50 Penalty for violating law 50 To seal poll books . 53 To deliver poll books and ballots to clerk of court 53 Disposition of unused ballots 53 Appointment of constable 57 Preservation of order at polls . . 57 Offenses Relative to. False statement by challenged voter 51 Publication advocating election or defeat of candidates 52 Stealing, mutilating, etc., the ballot box, poll book, or making fraudulent entry, etc 56 Candidates, failure to file statement -of expenditures 52, 59 86 Virginia Election Laws Primary Elections Continued. exceeding limit of expenses improper expenditures by improper expenditure by another for. . , Influencing vote by soliciting, money, etc, Commissioners of Election. Appointment Quorum Duties Ascertaining vote Abstract of votes Vacancy, how filled Oath, powers, penalties Irregularities in return corrected by Summoning judges, clerks Abstract of votes, signed and certified by to whom forwarded Secretary, appointment to make out abstracts and certificates of vote cast penalty for violating duty Voters. Who may vote 51 Challenge . . . f 51 Disqualification of 53, 56 Penalty for soliciting, money, etc. 53 May serve summons to correct returns 54 fee 54 PURE ELECTIONS. Provision to secure 58, Elections declared null and void if chapter 16 violated Expenditures, by candidates, prohibited by another in behalf of candidate penalty for illegal Statement of expenditures, candidate to file when and where filed what to contain oath to - penalty for failing to file . . .- Certificate of election not to issue until statement filed Officer not to qualify or receive salary until statement filed. . 59 QUALIFICATIONS OF VOTERS. See Voters. REGISTRARS. Appointment 13 in cities 13 in towns 64 (Virginia Constitution) 4 Who disqualified Eligibility to other office 17 (Virginia Constitution) . 4 When appointed 13 Term 13 Vacancies 13, 14 Virginia Election Laws 87 PAGE Registrars Continued. Penalty for refusal to serve 13 Oath 16 where filed 14 removal for failure to file 14 Penalty for not delivering books to judges 13 New registration of voters, when . 14 notice for 14 procedure 14 To copy registration books, when. 15 who to be registered by 15 When to register voters 17 general provisions 17 Fees 16, 17 To strike from list names of disqualified or dead voters 17 Duties when election district changed 18 Party to appeal from denial or registration 19 To deliver books to judges of election. 19 Peace conservator, powers as 19 May appoint constables 19 Hindrance or disturbance of . 19 Purging registration books 20 To preserve registration books 20 Wilfully rejecting or corruptly registering voter 63 REGISTRATION. Prior to 1904 (Va. Const.) 3 After 1904 (Va. Const.) . '. 3 Appeals from denial of (Va. Const.) 3, 4 Persons excluded (Va. Const.) 4 Poll taxes, payment of as prerequisite to registration (Va. Const. ) . . 3 who exempt (Va. Const.) 4 enforcement of payment (Va. Const.) 4 General Assembly to provide for (Va. Const.) 4 Persons qualified to next election (Va. Const.) 4 Who to be registered 15 women 66 payment of poll tax 15 (Virginia Constitution) 3, 4 Persons excluded from 15 (Virginia Constitution) 4 Appeal from denial of 19 (Virginia Constitution) . '. 3, 4 When voters registered 17 (Virginia Constitution) 4 Change of, on permanent registration books. 20 on election day 38 Voters disqualified or dead, correction of lists 17 Oath 16 Electoral board to provide for new registration, when 14 New registration of voters, when 14 Procedure 14 Notice 14 Who may register 14 In cities of more than fifty thousand inhabitants 67 REGISTRATION BOOKS. Copying 15, 20 Preparation and distribution 16 What to contain and form of . . 16 88 Virginia Election Laws PAGE Registration Books Continued. Separate for white and colored voters 16 Revision when boundary of election district changed 18 How purged 20 Permanent registration books 20 custody 20 transfers to and from 20 copying 20 preservation 20 Altering, destroying, etc., penalty 63 RETURNS. See Count of Votes, Returns and Canvass. Secretary of the Commonwealth. Senators of the United States. Sergeants. Sheriffs. State Treasurer. Superintendent of Public Instruction. Supervisors. See Election of Particular Officers. SCHOOLS. Elections for school purposes 27 SPECIAL ELECTIONS. Defined 13, 29 When held 29 Qualification of voters 13 How held, results ascertained, etc 44 Writ of . . 30 Notice 30 TOWN ELECTIONS. Mayor 64 Councilmen 64 May punish or expel members 65 Registrars and judges 64 Polls opening 64 closing 64 Voters 64 Returns 64 Notice of 64 penalty for failure to give 65 Voting places 64 Removal of town officers 65 To fill vacancy in council 65 When town officers to qualify 65 VOID. If provisions of chapter 16 have been violated 59 VOTERS. Qualifications (Va. Const.) 3, 4 age (Va. Const.) 3 residence (Va. Const.) . 3, 4 Virginia Election Laws 89 PAGE Voters Continued. change of (Va. Const.) 3 registration (Va. Const.) 3 payment of poll tax (Va. Const.) 3 registration after 1904 (Va. Const.) 3 prior to 1904 (Va. Const.) 3 Conditions for voting (Va. Const.) 3 Civil war veterans (Va. Const.) 4 Persons excluded from registering and voting (Va. Const.) . . 4 General Assembly may provide for use of voting machines (Va. Const. ) 5 General Assembly to provide for registering and transferring voters (Va. Const.) 4 General Assembly may prescribe property qualification for vot- ing in county, city or town elections (Va. Const.) 4 Eligibility for office (Va. Const.) ; 5 General Assembly may disqualify for violation of election laws (Va. Const.) 5 Qualifications of . . 12 (Virginia Constitution) . 3, 4 at special election 13 at primary election 51 (Virginia Constitution) 5 Women, when may vote . . 66 Who disqualified 12 (Virginia Constitution) 4 for fraud on law relating to absent voters 48 for influencing vote by soliciting, money, etc., at primary election 53 for fraud, etc 56 proof that disqualification has been removed 17 Payment of capitation tax as prerequisite to voting 21, 23 - -(Virginia Constitution) 3 Residence 12 (Virginia Constitution) 3 legal, who have not gained 12 (Virginia Constitution) 4 student 12 inmate of charitable institution 12 officer, soldier, seaman, marine 12 removal from one precinct to another 12 (Virginia Constitution) 3 change of 12 transfer of, evidence of payment of poll tax 22 Of cities not to vote for county officers 25 Appointment of judges of election by 30 May erase name on ballot and insert another 32, 35 (Virginia Constitution) 4 Designation of candidate for President and Vice-President of United States 34 Method of voting 35 (Virginia Constitution) 4 by representative bodies to be vive yoce (Va. Const.) .... 4 Dispute between as to precedence, decision of by judges. ... 35 Order of voting 35 Assistance of, penalty 36 -by judges 36 (Virginia Constitution) 3 Time allowed for voting 36 Challenge of 38 how tried 38 90 Virginia Election Laws PAGE Voters Continued. May execute summons issued by commissioner of election. ... 41 fee 41 Intimidation of 43 arrest and punishment for 43 privilege, from arrest, etc. (Virginia Constitution) 4 In town elections 64 Voting by nonresident, penalty 63 Giving or receiving bribe for vote, penalty 63 VOTING. See Voters. VOTING MACHINES. Authorizing use of in certain cities 68 WOMEN. When may vote . 66 Qualification 66 YC 09 1 . M144281 THE UNIVERSITY OF CALIFORNIA LIBRARY