Chap. 526.—Proposing amendments to Sections 18, 19, 20, 21, 22, 23, 25, 28, 31,
35, 38 and 173 of the Constitution of Virginia and adding two new sections
numbered 3l-a and 38-a. (H.J.R. 16}

Agreed to by the House of Delegates March 10, 1948
Agreed to by the Senate March 12, 1948

Whereas, the proposed amendments to the Constitution of Virginia,
hereinafter fully set forth, were agreed to by a majority of the members
elected to the two houses of the General Assembly at the session of
nineteen hundred forty-six and referred to this, the next General
Assembly, and published for three months, as required by the Constitu-
tion of Virginia, and as shown by report of such publication by the Clerk
of the House of Delegates ; Now, Therefore, be it

Resolved by the House of Delegates, the Senate concurring, a
majority of the members elected to each house agreeing, That the follow-
ing amendments to the Constitution of Virginia be, and the same hereby
are, proposed in conformity with the provisions of section one hundred
ninety-six of the Constitution, namely :

Strike from the Constitution of Virginia section eighteen, which is
as follows:

Section 18. Qualifications of voters—Every citizen of the United
States, twenty-one years of age, who has been a resident of the State one
year, of the county, city, or town, six months, 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 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 person of his right to vote in the precinct from which he
has moved, until the expiration of thirty days after such removal.

The right of citizens to vote shall not be denied or abridged on
account of sex.

And insert in lieu thereof the following :

Section 18. Qualifications of voters—Every citizen of the United
States, twenty-one years of age, who has been a resident of the State
one year, and of the county, city, or town, six months, next preceding the
election in which he offers to vote, is a resident of the precinct in which
he offers to vote, was registered under the general registration of voters
during the years nineteen hundred and two and nineteen hundred and
three, or has registered since the year nineteen hundred and three and
is currently registered, shall be entitled to vote for members of the Gen-
eral Assembly and all officers elective by the pedple; but removal from
one precinct to another, in the same county, city, or town shall not de-
prive any person of his right to vote in the precinct from which he has
moved, until the expiration of one hundred and twenty days after such
removal.
The right of citizens to vote shall not be denied or abridged on
account of sex.

No person shall at any time be required to pay any tax, assessment
or fee as a prerequisite to the right to register, renew his registration, or
vote.
Strike from the Constitution of Virginia section nineteen, which is
as follows:

Section 19. Registration of voters; those registered prior to nine-
teen hundred and four.—Persons registered under the general registra-
tion of voters during the years nineteen hundred and two and nineteen
hundred and three, whose names were required to be certified by the
officers of registration for filing, record and preservation in the clerks’
offices of the several circuit and corporation courts, shall not be required
to register again, unless they have ceased to be residents of the State, or
become disqualified by section twenty-three.

And insert in lieu thereof the following :

Section 19. Registration of voters; those registered prior to nine-
teen hundred and four.—Persons registered under the general registra-
tion of voters during the years nineteen hundred and two and nineteen
hundred and three, whose names were required to be certified by the
officers of registration for filing, record and preservation in the clerks’
offices of the several circuit and corporation courts, shall be currently
registered and shall not be required to register again, unless they have
ceased to be residents of the State, or become disqualified by section
twenty-three.
5s Strike from the Constitution of Virginia section twenty, which is as

ollows :

Section 20. Who may register—Every 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 legally assessed or assessable against him for the three years
next preceding that in which he offers to register; or, if he came 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, he make application to
register in his own handwriting, without aid, suggestion, or memoran-
dum, in the presence of the registration officer, stating therein his name,
age, date and place of birth, residence and occupation at the time and
for the one year 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 oath any and all questions affecting his
qualifications as an elector, submitted to him by the registration officer,
which questions, and his answers thereto, shall be reduced to writing,
certified by the said officer, and preserved as a part of his official records.

And insert in lieu thereof the following :
Section 20. Who may register.—Every citizen of the United States,
having the qualifications of age and residence required in section eighteen,
shall be entitled to register, provided :

First. That, unless physically unable, he make application to register
in his own handwriting, without aid or suggestion, in the presence of the
local board of elections or its duly authorized member or secretary,
stating therein his full name, age, date and place of birth, residence and
occupation at the time and for the one year next preceding, and whether
he has previously voted, and, if so, the State, county, and precinct in
which he voted last ; and,

Second. That he answer on oath any and all questions affecting his
qualifications as an elector, submitted to him by the registration officer,
which questions, and his answers thereto, shall be reduced to writing and
preserved as a part of the official record of the local board of elections:
and,

Third. That he meet such tests as to literacy and such further
requirements as the General Assembly may prescribe.

Strike from the Constitution of Virginia section twenty-one, which
is as follows:

Section 21. Condition for voting—A person registered under the
general registration of voters during the years nineteen hundred and two
and nineteen hundred and three, or under the last section, shall have the
right to vote for all officers elective by the people, subject to the following
conditions :

That unless exempted by section twenty-two, he shall, as a pre-
requisite to the right to vote, 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.

If he shall have registered after the first day of January, nineteen
hundred 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.

And insert in lieu thereof the following:

Section 21. Condition for voting—Any person registered under
the general registration of voters during the years nineteen hundred
and two and nineteen hundred and three, and any person registered
since such general registration whose registration is current, shall have
the right to vote for all officers elective by the people.

Any person who has registered since the first day of January,
nineteen hundred and four, shall, unless physically unable, prepare his
ballot without aid; but any voter registered prior to that date, and any
other voter who is physically unable to prepare his ballot without aid,
may be aided in the preparation of his ballot by such officer of election
as he himself may designate.

Strike from the Constitution of Virginia section twenty-two, which
is as follows:
Section 22. Persons exempt from payment of poll tax as condition
of right to vote-—No person, nor the wife or widow of such person, who,
during the late war between the States, served in the army or navy of
the United States, or of the Confederate States, or of 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
collection of the State poll tax assessed against anyone shall not be
enforced by legal process until the same has become three years past due.

And insert in lieu thereof the following :

Section 22. Registration and renewals of registration; voting lists,
how prepared and used.—(a) Every person registered since the year
nineteen hundred and three shall renew such registration annually in
such manner as may be provided by law.

(b) All registration shall be before the local board of elections in
the county or city of the applicant’s residence.

(c) The local board of elections shall maintain a permanent office
at which persons desiring to register or renew registration may apply
at such times as may be provided by law. The General Assembly shall
require the board to sit and to keep its office open at such times and
places as will permit persons desiring to register or to renew registra-
tions to do so with reasonable convenience. The State Board of Elections
may permit or require any local board to sit or keep its office open at
particular places and at specified times for receiving applications for
registrations and renewal of registrations ; and may make any regulations
which in its opinion will promote the convenient registration of all
persons who apply, and may change such regulations from time to time
and give such publicity to such regulations and changes therein as may
be required by law.

(d) Not later than ninety days before each primary or general
election the local board of elections in the county or city in which such
election is to be held shall prepare lists, to be known as the voting lists,
of all persons in each precinct who were currently registered therein on
a date one hundred and twenty days prior to the date of such election,
which lists shall constitute the voting lists for such election. Such lists
shall be prepared in such form as may be provided by law. A copy of
this list shall be posted at least ninety days before the election at the
front door of the courthouse of the county or city and at the voting place
in the precinct for which it is made, and a copy shall be kept on file and
open to public inspection in the office of the local board of elections.

(e) The local board of elections shall deliver or cause to be delivered
to the judges of election, with the ballots for use in the election, two
copies of the voting list for the precinct, and any changes in such list
caused by correction. Except as to disqualifications occurring subsequent
to its posting, this list shall be conclusive as to the right of every
person to vote at that precinct in such election.

Strike from the Constitution of Virginia section twenty-three, which
is as follows:
Section 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 without this State, of treason, or of any felony, bribery, petit
larceny, obtaining money or property under false pretenses, embezzle-
ment, 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 sent or accepted a challenge to fight such a duel, either within
or without this State, or knowingly conveyed such a challenge, or aided
or assisted in any way in the fighting of such duel.

And insert in lieu thereof the following:

Section 23. Persons excluded from registering and voting.—The
following persons shall be excluded from registering and voting:
Idiots, insane persons and paupers; persons convicted, 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, whose disabilities have not been removed.

Strike from the Constitution of Virginia section twenty-five, which
is as follows:

Section 25. Directions to 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 fraudulent registration
thereunder, and also for the proper transfer of all voters registered under
this Constitution.

And insert in lieu thereof the following :

Section 25. Diréctions to General Assembly in regard to registra-
tion, renewal of registration, and transfers.—The General Assembly
shall provide by law not in conflict with the provisions of this Constitution
for the following matters :

(a) The registration of voters under section twenty, and the
renewal of registration under section twenty-two.

(b) Purging and keeping currently correct the roll of those
registered during the years nineteen hundred and two and nineteen
hundred and three.

(c) Appeal to the appropriate court by any person denied registra-
tion or renewal of registration and for a like appeal from the action of
the local board of elections in matters involving the corrections of the
voting list. From the judgment of the court in any such cases an appeal
to the Supreme Court of Appeals may be allowed.

(d) The proper transfer of registered voters.

Strike from the Constitution of Virginia section twenty-eight, which
is as follows:

Section 28. Ballots——The General Assembly shall provide for bal-
lots without any distinguishing mark or symbol, for the use in all State,
county, city and other elections by the people, and the form thereof
shall be the same in all places where 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. :

And insert in lieu thereof the following :

Section 28. Ballots—-The General Assembly shall provide for
ballots without any distinguishing mark or symbol, for the use in all State,
county, city and other elections by the people, and the form thereof

be the same in all places where 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 insert the name of any other person and vote for such person for
the office to be filled.

Strike from the Constitution of Virginia section thirty-one, which is
as follows:

Section 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. In the appointment of the electoral boards represen-
tation as far as practicable shall be given to each of the two political
parties which, at the general election next preceding their appointment,
cast the highest and the next highest number of votes. The present
members of such boards continue in office until the expiration of their
respective terms; and thereafter their successors shall be appointed for
the term of three years. Any vacancy occurring in any board shall be.
filled by the same authority for the unexpired term.

Each electoral board shall appoint the judges, clerks and registrars
of election for its county or city; and, in appointing the judges of elec-
tions, 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 the next highest number 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 registrar or judge
of election.

And insert in lieu thereof the following :

Section 31. State Board of Elections; composition; powers and
duties.—There shall be a permanent board, which shall be known as the
State Board of Elections, to consist of three members, appointed by the
Governor from the qualified voters of the State, subject to confirmation
by the General Assembly. Their regular terms of office shall be four
years, commencing February first, after their appointment. Vacancies
shall be filled for the unexpired terms. In the appointment of the board
representation shall be given to the political parties having the highest
and next highest number of adherents in this State.

The State Board of Elections shall so supervise and coordinate the
work of the local boards of elections as to obtain uniformity in their
‘practices and proceedings, and legality and purity in elections. The
board may remove any member of a local board of elections who fails
to discharge the duties of his office.

The State Board of Elections shall make such rules and regulations
not inconsistent with law as will be conducive to the proper functioning
of the local boards of elections, and which will promote the convenient
registration and renewal of registration of persons desiring to register
or renew registration. The board shall have such other powers and per-
form such other duties as may be provided by law.

Add to the Constitution of Virginia a new section numbered thirty-
one-a in the following words:

Section 3l-a. Local boards of elections; appointment and composi-
tion; powers and duties of; who not eligible—There shall be in each
county and city a local board of elections, composed of three members
appointed in such manner as may be prescribed by law for terms of
three years. In the appointment of these boards representation shall
be given as far as practicable to the two political parties having the
highest and next highest number of adherents in this State. The duly
authorized officials of such political parties may submit to the appointing
authority a list of five names of qualified voters for each appointment
to be made, whether such appointment is an original one or to fill a
vacancy, and the appointment shall be made from such lists unless the
appointing authority certified that in its opinion none of the persons
whose names are on such lists are competent or suitable persons to be
appointed.

Each local board of elections shall appoint within its jurisdiction the
judges and clerks of election, shall conduct all registrations and renewals
of registrations, canvass the election returns, and perform such other
duties and have such other powers as may be prescribed by law.

The General Assembly may provide for the consolidation of two
or more separate jurisdictions under one local board of elections.

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 employ of such government, or holding any elective office of
profit or trust in this State, or in any county, city or town thereof, shall
be appointed a member of the local board of elections or judge or clerk
of election.

Strike from the Constitution of Virginia section thirty-five, which is
as follows:

Section 35. Primary elections; who may vote—No person shall
vote at any legalized primary election for the nomination of any candi-
date for office unless he is at the time registered and qualified to vote
_at the next succeeding election.

And insert in lieu thereof the following:
Section 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 in such
primary.

Strike from the Constitution of Virginia section thirty-eight, which
is as follows:

Section 38. Duties of treasurers, clerks of circuit and corporation
courts and sheriffs in regard to making, filing, delivering and posting
list of paid poll taxes; how corrected.—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 in the counties, and in such manner as the General
Assembly may direct in the cities, 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 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 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 pre-
served 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.

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
corrections as may have been made by order of the court or judge, to the
officer designated by law, who shall charge the amount of the poll
taxes stated therein to each treasurer, unless previously accounted for.

Further evidence of the prepayment of the capitation taxes required
by this Constitution, as a prerequisite to the right to register and vote,
may be prescribed by law.

And insert in lieu thereof the following:

Section 38. (Omitted).

Strike from the Constitution of Virginia section one hundred seventy-
three, which is as follows:

Section 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 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 exclusively in
aid of the public free schools, 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 authorities to such county or
city purposes as they shall respectively determine. Such 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
each such resident within its limits, to be applied to city, town or county
purposes.

And insert in lieu thereof the following :

Section 173. State school, county and municipal capitation taxes.—
The General Assembly may levy a school tax of not exceeding three
dollars per annum, on every resident of this State, not less than twenty-
one years of age, except those who are paupers, idiots, insane, or inmates
of any almshouse or county farm. This tax shall be assessed, collected and
paid as are other taxes assessed against personal property, and when
imposed and collected shall be applied exclusively in aid of the public
free schools in such manner as the General Assembly may direct. Pay-
ment of the tax may be made a condition precedent to the issuance of
any license or permit for any privilege. 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 each resident within its limits, to be applied to
city, town or county purposes.

Add to the Constitution of Virginia a new section numbered thirty-
eight-a, in the following words:

Section 38-a. When certain amendments to become effective—In
order that no inconvenience or confusion may arise from the adoption
of the presently proposed amendments to sections eighteen, nineteen,
twenty, twenty-one, twenty-two, twenty-three, twenty-five, twenty-eight,
thirty-one, thirty-one-a, thirty-five, thirty-eight, and one hundred and
seventy-three, the provisions of such amendments shall become effective