Chap. 372.—An ACT to amend the Code of Virginia by adding to Chapter 109-a
thereof a new section numbered 2773-f 1, providing that in any county oper-
ating under the county manager plan provided for in Sections 2773-a to
2773-n, both inclusive, of the Code of Virginia, for the election of members
of the county board of said county and the filling of vacancies on the said
board, if and when approved by the qualified voters of the county voting at
an election called for such purpose, in a manner and for terms different
from that otherwise provided for under the said county manager plan.

H B 496]
Approved March 31, 1938

1. Be it enacted by the General Assembly of Virginia, That the
Code of Virginia be amended by adding to chapter one hundred and
nine-a thereof a new section numbered twenty-seven hundred and
seventy-three-f 1, which new section shall read as follows:

Section 2773-f 1. (a) Notwithstanding the provisions of sec-
tions twenty-seven hundred and seventy-three-f and twenty-seven hun-
dred and seventy-three-n of this chapter, if, in any county operating
under the county manager plan provided for in sections twenty-seven
hundred and seventy-three-a to twenty-seven hundred and _ seventy-
three-n, both inclusive, of this chapter, a majority of the qualified
voters voting in the election held as provided in sub-section (d) of this
section shall vote in.favor of the election of the members of the county
board and the filling of vacancies on the said board, as hereinafter
provided in this” section, then upon the entry of an ordér. by the
circuit court of the county, or the judge thereof in vacation, setting
forth the results of such eleetion, the said. members of the county
board shall thereafter be elected and vacancies on the said board shall
be filled, as provided in this section:

(b) At the general election in. November, ‘nineteen hundred and
thirty-nine, the members of the county board of such county shall
be elected to hold office for the following terms: the two members of
the said board receiving the highest and the next highest number. of
votes in the said election shall each be elected for a term of four years,
the member receiving the third highest number of votes shall be
elected for a term of three years, the member receiving the fourth
highest number of votes shall be elected for a term of two years, and
the member receiving the fifth highest number of votes shall be elected
for a term of one year; each of such members shall take office on the
first day of January.after his election and shall hold office until his
successor is elected and qualified. Thereafter at each regular Novem-
ber election there shall be elected one or more members of the county
board to succeed the member or members whose terms expire on or
before the first day of January next succeeding such election; the
members so elected shall be elected for terms of four years each and
shall take office on the first day of January next succeeding their
election.

(c) When any vacancy shall occur in the ssaniherahie of the
county board, the judge of the circuit court of the county shall, if the
term of the office wherein the vacancy exists shall continue for one
year or more after the next succeeding regular November election,
issue a writ of election to fill such vacancy, the said election to be
held at the next regular November election; the member so elected
shall hold office for the unexpired term. The said judge may make
a temporary appointment to fill such vacancy until the same is filled
by election as herein provided, or in the event no election be required
to fill such vacancy, then until the expiration of the term of such
office.

(d) The election to determine whether the members of the county
board shall be elected and vacancies on the said board filled, as pro-
vided in this section, shall be called and held as follows:

If two hundred or more qualified voters in any such county shall
on or before the first day of August, nineteen hundred and thirty-eight,
file a petition with the circuit court of the county, or the judge thereof
in vacation, asking that a referendum be held on such question, the
court or the judge thereof in vacation, shall, on or before the first day
of September, nineteen hundred and thirty-eight, by an order entered of
record, require the election officials of the said county at the regular elec-
tion to be held in November, nineteen hundred and thirty-eight, to open
a poll and take the sense of the qualified voters of the county on the
question as herein provided. The clerk of the county shall cause a notice
of such election to be published in some newspaper, published or having
a general circulation in the county, once a week for three consecutive
weeks, and shall post a copy of such notice at the door of the court
house of the said county. The regular election officials of the county,
at the time designated herein, shall open the polls at the various
voting places in the county and conduct the election in such manner
as is provided by law for other elections, in so far as the same is
applicable. The election shall be by separate ballot, which shall be
prepared by the electoral board and distributed to the various election
precincts as in other elections.
(e) The ballots to be used shall be printed to read as follows:

Shall the members of the county board be elected, and vacancies
on the said board be filled, as provided in section twenty-seven hundred
and seventy-three-f 1 of the Code of Virginia? : ,

[] For

[| Against | ,

The squares to be printed in such ballot shall not be less than one
quarter nor more than one-half inch in size.

Any person voting at such election shall place a check (\/) or a
cross mark (+ or X) or a line (—) in the square before the appro-
priate word indicating how he desires to vote on the question sub-
mitted.

The ballots shall be counted, returns made and canvassed as in
other elections and the results certified by the commissioners of election
to the circuit court of the county or the judge thereof in vacation.
The said court, or the judge thereof in vacation, shall thereupon enter
of record the results of such election. ,