Chap. 310.—An ACT to provide for submission to the people for approval and
ratification the proposed amendments to section 32 of article 2, section
117 of article 8, section 133 of article 9, section 136 of article 9, section
138, and section 184 of the Constitution of Virginia. [H B S01]

Approved March 19, 1920.

1. Be it enacted by the general assembly of Virginia, That it shall
be the duty of the officers conducting the election directed by law to
be held on the Tuesday after the first Monday in November, nineteen
hundred and twenty, at the places appointed for holding the same, to
provide a separate ballot box at said election in which the judges of
election shall deposit the ballots of all qualified voters voting on the
proposed amendments to the Constitution of Virginia, and open a poll
and take the sense of the qualified voters upon the ratification or re-
jection of the said proposed amendments to the Constitution of Vir-
ginia, contained in the joint resolutions proposing the said amend-
ments to the Constitution of Virginia, and directing a submission of
said proposed amendments to the people for their approval and rati-
fication, to-wit :

Strike out from the Constitution of Virginia section thirty-two,
which is in the following words: _

Sec. 32. 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
Constitution, and except that this provision as to residence shall not
apply to any office elective by the people where the law provides
otherwise. Men and women eighteen years of age shall be eligible tc
the office of notary public, and qualified to execute the bonds required
of them in that capacity. |

And insert in lieu thereof the following:

_ Sec. 32. 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 Constitution, 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 ap-
pointment 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. .

Strike out from the Constitution of Virginia section one hundred
and seventeen, which is in the words and’ figures following, to-wit:

Sec. 117. General laws for the organization and government of
cities and towns shall be enacted by the general assembly, and no
special act shall be passed in relation thereto, except in the manner
provided in article four of this Constitution, and then only by a
recorded vote of two-thirds of the members elected to each house; and
except also in the case of cities having more than fifty thousand in-
habitants, as hereinafter provided. But each of the cities and towns
of the State having at the time of the adoption of this amendment a
municipal charter may retain the same, except so far as it shall be
repealed or amended by the general assembly; provided, that every
such charter is hereby amended so as to conform to all the provisions,
restrictions, limitations and powers set forth in this article, or other-
wise provided in this Constitution.

Notwithstanding, however; anything in this article contained the
general assembly may, by general law or by special act (passed as
prescribed in article four of this Constitution), depart in any respect
(except as otherwise in this section expressly provided) from the
form of organization and government prescribed by this article for
cities and towns, and may provide, from time to time, for the various
cities and towns of the Commonwealth such form or forms of munici-
pal government as the general assembly may deem best; but no form
or forms of government authorized by the second paragraph of this
section shall become operative except as to such cities or towns as may
thereafter adopt the same by a majority vote of its qualified electors
at an election to be held as may be prescribed therefor by law. All
the limitations on the powers of the councils of cities and towns 1m-
posed by this article shall apply in like manner to the principal legis-
lative authority under any form of government which may be au-
thorized hereunder. The term “council” as used in sections one hun-
dred and twenty-five and one hundred and twenty-seven of this Consti-
tution shall be construed to include the body which, under any form
of municipal government, shall be vested with the principal legislative
authority of such municipality.
The general assembly, for the purpose of this article, may classify
cities according to their population, but the maximum population
prescribed for any class shall exceed the minimum population for the
same class by at least ten thousand. The general assembly, at the
request, made in manner which may be prescribed by law, of any city
having a population of over fifty thousand inhabitants, may grant a
special form of government for such city.

Any laws or charters enacted pursuarit to the provisions of this
section shall be subject to the provisions of this Constitution relating
expressly to judges and clerks of courts, attorneys for the Common-
wealth, commissioners of revenue, city treasurer and city sergeants.

And insert in lieu thereof the following:

Section 117. (a) General laws for the organization and govern-
ment of cities and towns shall be enacted by the general assembly, and
no special act shall be passed in relation thereto, except in the manner
provided in article four of this Constitution, and then only by a
recorded vote of two-thirds of the members elected to each house.
But each of the cities and towns of the State having at the time of the
adoption of this Constitution a municipal charter may retain the same,
except so far as it shall be repealed or amended by the general assem-
bly ; provided, that every such charter is hereby amended to conform
to all the provisions, restrictions, limitations and powers set forth in
this article, or otherwise provided in this Constitution.

(b) The general assembly may, by general law or by special act
(passed in the manner provided in article four of this Constitution)
provide for the organization and government of cities and towns with-
out regard to, and unaffected by any of the provisions of this article,
except those of sections one hundred and twenty-four, one hundred
and twenty-five, (except so far as the provisions of section one hun-
dred and twenty-five recognize the office of mayor and the power of
veto) one hundred and twenty-six, one hundred and twenty-seven and
one hundred and twenty-eight of this article, and except those men-
tioned in sub-section (d) of this section. The term “council” as used
in any of said sections shall include the body exercising legislative
authority for the city or town, and all ordinances enacted and resolu-
tions adopted by such body shall have the same force and effect for
all purposes, .as if enacted or adopted in accordance with the pro-
visions of section one hundred and twenty-three of this article. But
such organization and government shall apply only to such cities or
towns as may thereafter adopt the same by a majority vote of those
qualified voters of any such city or town voting in any election to be
held for the purpose, as may be provided by law. |

(c) The general assembly at the request of any city or town
made in manner provided by law, may grant to it any special form
of organization and government authorized by sub-section (b) of this
section, and subject to all of the provisions of that sub-section, except
that it shall not be necessary for such city or town to thereafter adopt
the same. 7

(d) Any laws or charters enacted pursuant to the provisions of
this section shall be subject to the provisions of this Constitution
relating expressly to’ judges and clerks of courts, attorneys for the
Commonwealth, commissioners of revenue, city treasurers and city
sergeants.

(e) Any form of organization and government authorized by
any provisions of this section which may have been adopted hereto-
fore by any city or town pursuant to any act of the general assembly
enacted before such provision became effective, and which is now in
operation, is hereby declared legal and valid ab initio, and shall have
the same force and effect as if it had been authorized by this Constitu-
tion at the time of its adoption.

Strike out from the Constitution of Virginia section one hundred
and thirty-three of article nine, which is in the following words:

Sec. 133. Each magisterial district shall constitute a separate
school district, unless otherwise provided by law. In each school
district there shall be three trustees elected, in the manner and for
the term of office prescribed by law.

And insert in lieu thereof the following:

Sec. 133. Each magisterial district shall constitute a separate
school district, unless otherwise provided by law. In each school dis-
trict there shall be not more than three trustees selected, in the man-
ner and for the term of office prescribed by law.

Men and women may serve as school trustees in said districts, and
in cities and in towns forming separate school districts.

Strike out from the Constitution of Virginia section one hundred
and thirty-six, which is in the following words:

Sec. 136. Each county, city, town, if the same be a separate
school district, and school district is authorized to raise additional
sums by a tax on property, not to exceed in the aggregate five mills
on the dollar in any one year, to be apportioned and expended by the
local school authorities of said counties, cities, towns and districts
in establishing and maintaining such schools as in their judgment
the public welfare may require; provided, that such primary schools
as may be established in any school year, shall be maintained at least
four months of that school year, before any part of the fund assessed
and collected may be devoted to the establishment of schools of higher
grade. The boards of supervisors of the several counties, and the
councils of the several cities, and towns if the same be separate school
districts, shall provide for the levy and collection of such local school
taxes.

And insert in lieu thereof the following:

Sec. 136. Each county, city, town, if the same be a separate
school district, and school district is authorized to raise additional
sums by a tax on property, not to exceed in the aggregate in any-one
year a rate of levy to be fixed by law, to be apportioned and expended
by the local school authorities of said counties, cities, towns and
districts in establishing and maintaining such schools as in their
judgment the public welfare may require; provided that such primary
schools as may be established in any school year, shall be maintained
at least four months of that school year, before any part of the fund
assessed and collected may be devoted to the establishment of schools
of higher grade. The boards of supervisors of the several counties,
and the councils of the several cities, and towns if the same be separate
school districts, shall provide for the levy and collection of such local
school taxes. _

Strike out from the Constitution of Virginia section one hundred
and thirty-eight, which is in the following words:

Sec. 138. The general assembly may, in its discretion, provide for
the compulsory education of children between the ages of eight and
twelve years, except such as are weak in body or mind, or can read
and write, or are attending private schools, or are excused for cause
by the district school trustees.

And insert in lieu thereof the following:

Sec. 138. The general assembly may, in its discretion, provide
for the compulsory education of children of school age. _

Strike out from the Constitution of Virginia section one hundred
and eighty-four, which is in the following words: _

Sec. 184. No debt shall be contracted by the State except to
meet casual deficits in the revenue, to redeem a previous liability of
the State, to suppress insurrection, repel invasion, or defend the State
in fime of war. No scrip, certificate, or other evidence of State in-
debtedness, shall be issued except for the transfer or redemption of
stock previously issued, or for such debts as are expressly authorized
in this Constitution.

And insert in lieu thereof the following:

Sec. 184. No debt shall be contracted by the State except to
construct, or reconstruct, public roads, to meet casual deficits in the
revenue, to redeem a previous liability of the State, to suppress in-
surrection, repel invasion, or defend the State in time of war. No
scrip, certificate, or other evidence of State indebtedness, shall be
issued except for the transfer or redemption of stock previously issued,
or for such debts as are expressly authorized in this Constitution.

Schedule.—At such election a ballot shall be furnished each voter,
which shall have printed thereon the following:

For the amendment of section thirty-two of the Constitution of
Virginia, with reference to the qualifications of persons to fill posi-
tions under municipal governments.

Against the amendment to section thirty-two of the Constitution
of Virginia, with reference to the qualifications of persons to fill posi-
tions under municipal governments.

For the amendment to section one hundred and seventeen of the
Constitution of Virginia, with reference to the form of government
of cities and towns.

Against the amendment to section one hundred and seventeen of
the Constitution of Virginia, with reference to the form of govern-
ment of cities and towns.

For the amendment to section one hundred and thirty-three of the
Constitution of Virginia, allowing women to serve as school trustees.
Against the amendment to section one hundred and thirty-three~of
the Constitution of Virginia, allowing women to.serve as schoot
trustees.

For the amendment to section one hundred and thirty-six of the
Constitution of Virginia, allowing an increase of local taxes for school
purposes. |

Against the amendment to section one hundred and thirty-six of
the Constitution of Virginia, allowing an increase of local taxes for
school purposes.

For the amendment to section one hundred and thirty-eight of
the Constitution of Virginia, with reference to the compulsory educa-
tion of children.

Against the amendment to section one hundred and thirty-eight of
the Constitution of Virginia, with reference to the compulsory educa-
tion of children.

For the amendment to section one hundred and eighty-four of the
Constitution of Virginia, with reference to State bond issues for public
roads.

Against the amendment to section one hundred and eighty-four of
the Constitution of Virginia, with reference to State bond issues for
public roads.

Which said ballots shall be printed and furnished by the electoral
boards as other ballots are required by law to be printed and furnished,
and the said election shall be held and conducted as provided by the
general election law of the State. oo

The marking out of the words “for” or “against” shall be suffi-
cient to indicate the wishes of the voters, and it shall not be neces-
sary to mark out the entire paragraph to indicate such wish.

2. That immediately after closing the polls the said officers shall
count the ballots deposited at said election for and against said pro-
posed amendments, and shall make return thereof at the time and
in the manner provided by law as in the case of other elections ; and
it shall be the duty of the clerks and commissioners of election of each
county, respectively, to make out, certify and forward an abstract of
the votes cast for and against said proposed amendments in the man-
ner now prescribed by law in relation to votes cast in general elec-
tions. ,

3. It shall be the duty of the secretary of the Commonwealth,
and of the State board of canvassers, to open and canvass the said
abstract of returns, and to examine and make statement of the whole
number of votes given at said election for said proposed amendments
and against said proposed amendments, respectively, in the manner
now prescribed by law in relation to votes cast in general elections;
and it shall be the duty of the secretary of the Commonwealth to
record said certified statement in his office, and without delay to make
out and transmit to the governor of the Commonwealth an official
copy of said statement, certified by him under his seal of office.

The governor shall, without delay, make proclamation of the
result, stating therein the aggregate vote for and against said amend-
ments, to be published in such newspapers in the State as may be
ed requisite for general information; and if a majority of said
wotes be cast for the ratification of the amendments, he shall annex

to his proclamation a copy thereof. |
5. The secretary of the Commonwealth shall cause to be sent to
the clerks of each county and corporation as many copies of this act
as there are places of voting therein; and it shall be the duty of said
clerks to deliver the same to the sheriff for distribution, whose duty
it shall be forthwith to post the said copies at some public place in
each election district. |
6. The expenses incurred in conducting this election shall: be

defrayed as in the case of the election of members of the general
assembly.