An Act to amend and reenact § 46.1-299, as amended, of the Code of Virginia, relating to devices signalling intention to turn or stop and rules therefor.
Volume 1968 Law 99
Volume | 1952 |
---|---|
Law Number | 4 |
Subjects |
Law Body
CHAPTER 4
An Act to provide for second primaries in the event a candidate for the
party nomination in certain primaries fails to receive a majority of
the votes cast in the primary; and to such end to amend and reenact
24-120, 24-121, 24-213, 24-849, 24-3856, 24-3859, 24-865, 24-887,
24-889, 24-390, 24-897, 24-402, 24-408, 24-404, 24-405 and 24-406 of
the Code of Virginia relating generally to elections and, respec-
tively, to filing of poll tax paid list by treasurer, delivery of copies
of poll tax paid list by clerk to sheriff or sergeant, printing of
ballots, when primaries held, applicability of certain statutes to cer-
tain elections, vote required to nominate an certain elections, second
primaries, nomination by party in certain instances, how and when
certain returns corrected, canvass of returns, what to be done and
when if certain abstracts not forwarded, payment of expenses of
certain elections, expenses of candidates, preservation of order at the
polls, penalty for certain acts, and seeking corruptly to influence
voters.
(S 138]
Approved February 6, 1952
Be it enacted by the General Assembly of Virginia:
1. That 8§ 24-120, 24-121, 24-213, 24-349, 24-356, 24-359, 24-365, 24-387,
24-389, 24-390, 24- 397, 24- 402, 24- ‘403, 24-404, 24-405 and 24-406 of the
Code of Virginia be amended and reenacted as ‘follows:
§ 24-120. The treasurer of each county and city shall, at least five
months before the second Tuesday in June in each year in which a regular
June election is to be held in such county or city, and at least * one
hundred and sixty-five days before each regular election in November, file
with the clerk of the circuit court of his county or 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 each of such dates the State poll taxes required
by the Constitution of this State during three years next preceding that in
which such election is to be held, which list shall state the white and
colored persons separately, and shall be verified by the oath of the treasurer.
§ 24-121. 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, and in no event later than five days after receipt thereof, 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
such copies were respectively posted. The clerk shall record the return in
a book kept in his office for the purpose.
§ 24-213. Except as provided in § 24-290.4, it shall be the duty of
the electoral boards of the several counties and cities of this State, as soon
as practicable after the secretary is officially notified of the names of the
candidates in any election, and at least thirty days prior to any primary
or general election, or in the case of a special election, or second primary
election, at least thirty days prior to the election or as soon thereafter as
possible, to cause to be printed a number of ballots equal to twice the
number of ballots cast in the last preceding election for President.
§ 24-349. Primaries for the nomination of candidates coming within
the terms of this chapter shall be held as follows: :
(a) A primary for the nomination of candidates to be voted for at
the general election shall be held on the * Tuesday * after the second
Monday in July next preceding such election; (b) A primary for the
nomination of candidates for officers to be voted for on the second Tuesday
in June in the cities and towns of the State shall be held on the first Tues-
day in April next preceding such election; (c) Any second primary ordered
under the provisions of this chapter shall be held on the fifth Tuesday
following the first primary.
§ 24-356. All the provisions and requirements of the statutes of this
State in relation to the holding of elections, the counting of ballots, the
making and certifying of returns and all other kindred subjects shall apply
to all primaries insofar as they are consistent with this chapter. All the
provisions of this Code, insofar as they relate to crimes against the elec-
toral franchise, are hereby made applicable to primaries except when
inconsistent with this chapter. Lists of qualified voters shall be furnished
the judges of the primary of each party participating in the same manner
as they are directed by law to be furnished the judges of election. Each
judge of a primary shall, before entering upon the discharge of his duties,
take an oath, which may be administered by any judge faithfully to dis-
charge the duties of his office. In the event of the absence from the voting
place of any of the judges appointed by the electoral board for one hour
after the time prescribed in §§ 24-182 or 24-183 for the opening of the
polls, then the other judge or judges present shall appoint a substitute
judge or judges from duly qualified voters present of the party or parties
holding the primary, and in the absence for two hours after the time
prescribed in §§ 24-182 or 24-183 for the opening of the polls of all the
judges appointed by the electoral board, then three duly qualified voters
belonging to the political party holding the election may act as judges and
conduct the election in the manner herein prescribed.
The words “primary” and “primaries” as used in this section shall
also include any second primary or primaries.
§ 24-359. Any candidate for party nomination to the office of United
States Senator in the Congress of the United States, Governor, Lieutenant
Governor, or Attorney General, who receives a majority of the votes cast
by his party for the office for which he is a candidate shall be the nominee
of his party for such office and his name shall be printed on the. official
ballots used in the election for which the primary was held.
Any candidate for party nomination to any other office who receives
a plurality of the votes cast by his party shall be the nominee of his party
for such office and his name shall be printed on the official ballots used
in the election for which the primary was held. But nothing in this section
shall prohibit the county or city committee of any political party from
holding a primary which requires a majority of the vote cast in the primary
to nominate.
If no candidate, for party nomination to any office which this section
requires a majority of the vote cast in the primary to nominate, shall receive
a majority of the votes cast for that office, a second primary shall be held
for such office, subject to the conditions hereinafter set forth.
If no candidate, for party nomination to any office which this section
requires a majority of the vote cast in the primary to nominate, shall
receive a majority of the votes cast for that office, the names of the two
candidates who shall have received the highest number of votes cast for
such office in the primary shali be submitted by the State Board of Elec-
tions as candidates to the second primary; provided, the candidate receiv-
ing the second highest number of votes for such office in the primary
shall, on a day subsequent to the primary and not later than five days
after the result of such primary election shall have been officially declared,
fille in writing with the State Board of Elections a request that a second
primary be called and held, and the candidate who receives the highest
number of votes in such second primary shall be the nominee of his
party for such office, and his name shall be printed on the official ballots
used in the election for which the primary was held. If one of the candt-
dates entitled to be voted for in the second primary dies or withdraws, the
remaining candidate for that office who received the highest vote in the
primary shall be declared the nominee of his party to such office and his
name shall be printed on the official ballots used in the election for which
the primary was held. |
A majority of the votes cast for any office, within the meaning of this
section, shall be ascertained by dividing the total vote cast for all candidates
for such office by two, and any excess of the figure so ascertained shall bea
majority.
If the results of the first primary are such as to entitle any candidate
to request a second primary, and such request shall be made as provided,
the State Board of Elections shall order a second primary to be held at
the same place as the first primary five weeks from the date of the first
primary, and under the same laws, rules and regulations as are provided
for the first primary except that at any second primary held under the
provisions of this section those persons who were fully qualified to vote
at the first primary, and no others, shall be entitled to vote.
Whenever the State Board of Elections shall order such second
primary, the Secretary thereof shall, without delay, notify every electoral
board in the State of such second primary and the candidates whose names
shall appear on the ballots therefor.
The judges, clerks and commissioners who were appointed for each
party and who conducted and served in the primary election for that party
shall, insofar as they may be able, conduct the second primary, and all the
provisions and requirements of the statutes of this State in relation to
the holding of primary elections, the printing, keeping, and counting of
ballots, challenges, the making, certifying and canvassing of returns, poll
books, ballot boxes, candidates’ representatives at the polls, and all other
kindred subjects, including all criminal provisions relating to primary
elections shall apply to second primaries insofar as they are consistent
with this section.
The expenses of any second primary held under the Provisions of this
section shall be borne in the same manner as those in the first primary.
The payment of no additional fee shall be required of any candidate in a
second primary nor shall such candidate be required to file any additional
declaration of candidacy except the request for a second primary by the
candidate receiving the second highest number of votes in the primary
required by this section.
§ 24-365. Should the nominee of any party die, or refuse his can-
didacy, or if his nomination is set aside for fraud between any primary or
second primary and the succeeding election, any party may nominate to
fill such vacancy in accordance with its own rules, except that no party
shall nominate any person whose nomination has been set aside for fraud
participated in by the candidate.
Nothing in this chapter shall be construed to limit or circumscribe
the power of any political party to prescribe the rules and regulations for
its own government, and to determine its own methods of making nomina-
tions for public office.
§ 24-387. If it shall appear to any board of election commissioners,
in determining the candidates who have received the greatest number of
votes, that irregularities or informalities occur in the returns of the
judges or clerks of election, which can be cured by amending or correcting
the same, it shall be the duty of the board of commissioners immediately
to summon the judges and clerks, or such of them as may be requisite, to
appear before the board, on some day not exceeding five days * after the
day of the election, for the purpose of amending such returns so that the
same may conform to the law. The summons may be executed by any
sheriff or sergeant, or qualified voter, who shall receive for such service
fifty cents for each person summoned, to be paid by the county or city in
which such election was held.
§ 24-389. * As soon as possible after receipt of the certified abstract
and not later than ten days after the day of the election the State Board of
Elections shall open and tabulate the returns. Upon the completion of
such tabulation the Board shall: (a) tf the election be a primary election
as to which no second primary election can be held, or a primary election
as to which a second primary election might be held but one of the candi-
dates received a majority of the votes cast, or a second primary election,
declare the nominee in manner and form as it does in general elections:
(b) if the election be a primary election as to which a second primary
can be held and no candidate received a majority of the votes cast, officially
declare the results of such election by proper resolution spread on the
minutes of the Board, and (1) forthwith mail all candidates in such elec-
tion by registered mail sent to the last known address in the county,
town or city shown in the declaration of candidacy filed by the candidate,
a statement of the results of such election and notice that the candidate
receiving the highest number of votes will be declared the nominee unless
a special primary election be timely requested within five days of the
date on which such results were officially declared, and (2) forthwith
advertise, in some newspaper of general circulation in the city of Richmond
a statement of the results of such election.
If no candidate entitled to request the holding of a second primary
election requests the holding thereof or if any candidate entitled to make
such request does not make a timely request, the Board shall declare the
candidate receiving the highest number of votes in the primary election
the nominee in manner and form as it does in general elections, and his
name shall be printed on the official ballots used in the election for which
the primary was held.
§ 24-390. If from any county or city the abstract of votes shall not
have been received within * seven days after any State primary election
by the State Board of Elections, it shall dispatch a special messenger to
obtain a copy of the same from the secretary of the board of election
commissioners. Such secretary shall immediately, on demand of such
messenger, make out and deliver to him the copy required, which copy
of the abstract of votes the messenger shall deliver to the State Board of
Elections without delay.
The special messenger shall receive for his services and mileage, the
same compensation and mileage provided for a special messenger under
§ 24-284 of the general election laws, to be paid upon warrant of the
governing body of the county or the city, on the treasurer of such county
or city, out of such funds as may be provided for the expenses of the
election.
§ 24-397. Nothing in this chapter shall be construed to require the
county and city treasurers to pay expenses of more than one primary held
by any one party for one election except a second primary held for the
nomination of a cadidate for the office of United States Senator in the
Congress of the United States, Governor, Lieutenant Governor or Attorney
General as provided by law, but if any of the subordinate party committees
call a primary at a date other than the date for the general primary, then
the expenses of the primary called by such subordinate party committee
shall be paid by the candidates themselves.
§ 24-402. No candidate for any office at any primary shall spend
for any purpose whatever a larger sum than an amount equal to fifteen
cents for every vote cast for the candidate of his party receiving the
largest vote at the last preceding gubernatorial election, within the terri-
tory, the qualified voters of which have the right to vote for the office
for whose nomination such person is a candidate at such primary ; except
that in legislative districts when more than six candidates are to be
nominated for the General Assembly, a candidate for the General Assembly
may spend no more than forty percentum of the salary to be paid him if
elected. Any person violating the provisions of this section shall be guilty
of a misdemeanor.
In the event a second primary for the nomination of a candidate for
the office of United States Senator in the Congress of the United States,
Governor, Lieutenant Governor or Attorney General is held, no candidate,
for nomination at such second primary shall spend for any purpose an
amount exceeding the sum which he was entitled to spend at the primary.
In determining the amount spent by any candidate at any second primary
any amount spent by him at the primary shall not be considered.
§ 24-408. The judges conducting a primary or second primary may
require a special officer to be present to assist in preserving order at or
near the polls, and in his absence may appoint a special officer for this
purpose, who for the time being shall be clothed with all the powers and
subject to all the duties of police officers.
g 24-404. Any person who shall be guilty of stealing, or of wilfully,
fraudulently and wrongfully breaking, destroying, mutilating, defacing,
falsifying, or unlawfully moving, securing, or detaining the whole or any
part of any ballot box, or any record, primary poll book, second primary
poll book, tally sheet or copy thereof, or the returns or any other paper
or document required to be used in holding elections, or who shall fraudu-
lently make any entry, erasure or alteration therein, or who shall fraudu-
lently permit any other person to do so, shall be guilty of a misdemeanor,
and upon conviction thereof shall be fined not less than two hundred nor
more than one thousand dollars, and be confined in jail not more than sixty
days, and such conviction shall disqualify such person from voting or
holding office in this State thereafter.
§ 24-405. No person shall solicit, request, or demand, directly or
indirectly any money, intoxicating liquor or anything of value to influence
his vote, or to be used, or under the pretense of being used, to procure
the vote of any person or persons, at any primary or second primary for
or against any candidate for office. Any person violating the provisions
of this section shall be guilty of a misdemeanor, and upon conviction
thereof shall be fined not less than twenty nor more than five hundred
dollars and conviction shall disqualify such person from voting in this
State for five years thereafter.
§ 24-406. It shall be unlawful for any owner, proprietor, editor,
manager, officer, clerk, agent, reporter, or employee of any newspaper,
magazine, or periodical printed or published in this State to take, accept
or receive, or agree to take, accept or receive, for himself or any other
person, firm or corporation, either’ by himself or any other person or
persons, firm or corporation, any money or other valuable consideration
for such newspaper, magazine, or other periodical supporting or advo-
cating the election or defeat of any candidate or candidates at any primary
election or second primary election. Any such owner, proprietor, editor,
manager, officer, clerk, agent, reporter, or employee of any newspaper,
magazine or other periodical violating the provisions of this section shall
be deemed guilty of a misdemeanor and shall be fined not less than one
hundred dollars, nor more than five hundred dollars for each offense.
But nothing in this section shall prevent any person or persons, firm or
corporation engaged in the publication of any newspaper, magazine or
periodical from receiving from any person for publication and publishing
any matter, article or articles advocating the election or defeat of any
candidate or candidates and receiving from such person a compensation
therefor, if such articles so published or printed have placed at the be-
ginning thereof in plain type in black face Roman capitals in a conspicuous
place the statement, ‘Paid Advertisement.”
2. An emergency exists and this act is in force from its passage.