Chap. 407.—_An ACT to amend and re-enact section 86, section 87, section 148, as
heretofore amended, and section 156 of the Code of Virginia, all relating to
electoral boards. | | [H B 71]

Approved March 31, 1932

1. Be it enacted by the general assembly of Virginia, That section
eighty-six, section eighty-seven, section one hundred and forty-eight,
as heretofore amended, and section one hundred and fifty-six of the
Code of Virginia, be amended and re-enacted so as to read as follows:

Section 86. It shall be the duty of the electoral board of each city,
except cities having a general registrar, and each county at their regu-
lar meeting in the month of May, nineteen hundred and thirty-two, and
every two years thereafter, to appoint a registrar for each electoral dis-
trict of their respective counties and cities, who shall be a discreet citi-
zen and resident of the election district in and for which he is ap-
pointed, and such registrar shall not hold any other office, by election
or appointment, during his term, except that of precinct judge of elec-
tion. Said registrar shall hold office for two years from the first day
of July following his appointment, and until his successor is duly ap-
pointed and qualified. The acceptance of any other office, either elec-
tive or appointive by such registrar, except that of precinct judge of
election, 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. The registrars holding office at the time this
act become effective shall continue to hold for the remainder of the
term for which they were respectively appointed, and thereafter until
their successors have been appointed and have qualified.

Every registrar shall be compelled to serve at least two terms, un-
less excused by the circuit court of the county, or the corporation
court of the city, or the judge of such court in vacation having juris-
diction 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.

Section 87. The electoral board of each city and county shall con-
vene in regular session at such time in the month of May of each year
as the board may prescribe, 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 re-
movals of judges, clerks, and registrars, which shall be open to the in-
spection of any one who desires to examine the same at any time.

Section 148. It shall be the duty of the electoral board of each city
and county, at their regular meeting in the month of May, nineteen
hundred and thirty-two, and in each year thereafter, to uppoint 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 re-
spective election districts for the term of one year or until their suc-
cessors 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, and whenever the local
party authorities of the party casting the next highest number of votes
at the last preceding general election shall nominate for any voting
place five qualified voters who are members of that party and qualified
to act as judges of election, it shall be the duty of the electoral board to
appoint one of such persons to serve as judge of election at such voting
place for the term prescribed by law; provided, however, that such
nominations shall be communicated to the electoral board at least ten
days prior to the time prescribed by law for the appointment of judges
of election. The members of any electoral board who shall willfully
fail to comply with this requirement shall be deemed guilty of a mis-
demeanor, 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 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 the
judges 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 infor-
mation 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 dis-
trict 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.

Section 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 on oath before the secretary of said
board, who is hereby empowered to administer said oath, to the fol-
Loren? Ge newest eee , solemnly swear that I will print
(here insert number) ballots according to the instructions of the elec-
toral board of the county (or city) of ---------------- ; that I will
print, and permit to be printed, directly or indirectly, no more than the
above number; that I will at once destroy all imperfect and perfect
impressions other than those required to be delivered to the electoral
board ; that as soon as said number of ballots is printed I will distrib-
ute 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 continuously present in the room in which the said bal-
lots are printed from the commencement until the end of said work,
and see that the undertakings of said oath are strictly complied with.
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 un-
til delivered to the electoral board as provided by law; nor shall such
member communicate 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, shal.
be deemed a misdemeanor and punished by a fine of two hundred dol.
lars and imprisonment for one month in jail. ,

2. Nothing in this act contained shall affect the general registrar:
in cities having a population in excess of fifty thousand inhabitant:
whose election is provided for by the act approved March second, nine.
teen hundred and twenty-two, as heretofore amended.