Chap. 226.—An ACT to amend and re-enact sections 2 and 3 of an act en-
titled an act to amend and re-enact an act entitled an act to provide
for change in the form of government of cities having a population of
less than 100,000, and of towns, and to provide in what manner such
cities and towns may adopt such form of government, approved March
20, 1916. {S B 289]

Approved March 14, 1918.

Be it enacted by the general assembly of Virginia, That sections
two and three of an act entitled an act to amend and re-enact an act
entitled an act to provide for a change in the form of government of
cities having a population of less than one hundred thousand, and
of towns, and to provide in what manner SUCD CIES oe ea nine.
adopt such form of government, approved March twentieth, nine-
teen hundred and sixteen, be, and the same are hereby, amended and
re-enacted so as to read as follows:

Section 2. Provisions for the submission of the question of
change of form of government to the electors.—Upon the petition
of electors, equal in number to at least ten per centum of those
qualified to vote at the last preceding general election at which a
mayor or council was elected, and specifying the particular form of
government permitted under this act, and which they wish to adopt
including the number of councilmen, and whether they are to be
elected at large or by wards, and whether they are to recelve com-

nsation for their services or not, presented to the circuit court
having jurisdiction over such city or town, or to the judge thereof
in vacation, asking that an election be held as herein provided, such
court, or judge, shall pass an order, entered in term time or vacation,
directing the proper election officers of such municipality to take
such steps and prepare such means as may be necessary to submit to
the qualified voters of such municipality for determining the ques-
tion whether such proposed change in the form of government
shall be adopted or not; and the court or judge shall make such
order as may be proper to give due publicity to such election, the
same to be held not less than thirty nor more than ninety days after
the entry of the order by the court or judge. If there be no circuit
court in any such city, then such petition shall be presented to the
corporation or hustings court or judge thereof in vacation. Accom-
panying the petition of said electors there shall be a certificate
from the clerk in whose office there is now required to be filed a list
of qualified voters, which shall show the number of persons qualified
to vote at the last preceding regular June election for municipal
officers. If the list so filed in the office of such clerk shall not con-
tain the names of persons who are not required to pay their poll
tax in order to vote, then there shall likewise accompany such peti-
tion a certificate from the registrars giving the number of persons
who were qualified to vote at said election and not on the list filed
with such clerk.

Such election shall be conducted in the manner prescribed by law
for the conduct of regular elections and by the regular election
officers of said municipality. The election shall be by secret ballot,
and the ballots used shall contain the following, “for proposed
change in form of municipal government”; “against proposed
change in form of municipal government”; and the drawing of a
line through the words “for” or “against” or any part thereof, shall
be sufficient to indicate the wishes of the persons voting. Returns
of the election shall be certified by the commissioners of election,
or their clerk, to the court, or the judge thereof in vacation;. and
if it shall appear that the proposed change has not been adopted
by a majority vote of the qualified electors, an order shall be entered
of record accordingly, and no other election for any change in the
form of government of such city or town shall be held within two
(2) years after such election; but if the said proposed change is
adopted by a majority vote of the qualified electors, the court or
judge thereof, shall enter an order accordingly, a copy of which shall
be forthwith certified by the clerk of such court to the council of
such city or town for recordation upon its journal. Should there
be more than one petition filed with the court or judge, asking for
the adoption of different provisions of this act, he shall order an
election upon the plan having the greatest number of voters peti-
tioning for the same.

Any such election may be contested and the proceedings for all
such contests shall conform, as near as may be, to the provisions of
section five hundred and eighty-six-a of the Code.

Sec. 3. The election and terms of officers under this act.—The
election of the mayor and the members of the council of any town
adopting such change in its form of government, shall be held at
the next regular election for mayor and members of the council of
such town; and the mayor and members of the council so elected
shall enter upon their duties upon the first day of September fol-
lowing their election, and shall serve until their successors shall
have been elected and shall have duly qualified. The terms of mayor
and members of town council elected hereunder, and their succes-
sors, shall be for a period of two (2) years, and until their succes-
sors shall have been elected and qualified.

The election of the members of the council of any city adopting
such change in its form of government, shall be held at the next
regular election for mayor and members of the city council for such
city; and the members of the council so chosen shall enter upon
their duties on the first day of September following their election,
and shall serve for a term of four (4) years and until their succes-
sors shall have been elected and shall have qualified. And the terms
of all hold-over members of the council shall cease and be deter-
mined on said first day of September following said election. [f,
however, more than two (2) years shall elapse between such special
elections adopting such change in the form of government in such
city, and the next regular election for mayor and council, then the
election of the members of the council herein provided for shall be
held at the next regular June election for members of the council
for such city; and the members of the council so chosen shall be
elected for a term of two (2) years, commencing on the first day
of September following the election. The terms of the councilmen
who would otherwise hold over shall cease and be determined on
that date; but the next regular election for councilmen shall be for
a full term of four (4) years, and until their successors shall have
been elected and have qualified. The terms of the councilmen suc-
ceeding those elected hereunder shall be for a period of four (4)
years, and until their successors shall have been elected and have
qualified. The terms of the councilmen succeeding those elected
hereunder shall be for a period of four (4) years, and until their
successors shall have been elected and have qualified, the election
for the same to be held at the time and in the manner provided for
by general law.
f any vacancy occur in the membership of any council] herein

provided for, the remaining members shall fill said vacancy for
the unexpired term. Provided, however, that should either the
plan of government set out in section six-b, and described as “Modi-
fied Commission Plan,” or the plan set out in section six-c, and de-
scribed as “City Manager Plan,” be adopted, then the first election
to be held thereunder shall be at the next regular June election for
mayor and members of the council, or of members of the council,
whichever shall first occur thereafter; the officers so chosen shall
enter upon their duties on the first day of September following and
shall serve for a term of four (4) years, and until their successors
shall have been duly elected and shall have qualified. And the terms
of all the members of the old council of such cities, whether they
be hold-over members or not, as well as of the mayor (if his term
has not then expired) shall cease and be determined on said first da
of September following such election. And the term of office of all
officers and employees theretofore appointed or elected by the old
council shall in like manner cease and determine on said first day
of September.

An emergency existing requiring the passage of this act, the same
shall be in effect from its passage.