Chap. 1.—An ACT to provide for submitting to the qualified electors the question
whether there shall be a convention to revise and amend certain provisions
of the Constitution of Virginia, and providing an appropriation therefor.

[H. B. 1]
Approved December 16, 1944

Whereas, by an Act designated as chapter two hundred eighty-seven
ul the Acts of nineteen hundred forty-four, the General Assembly sought
to enact measures to enable certain Virginia members of the armed forces
i active service to vote in elections for State and local officers, which
said Act has been ‘adjudicated by the Supreme Court of Appeals to be
void because in violation of certain provisions of the Constitution respect-
ing registration and poll tax payments as voting qualifications ; and,

Whereas, in.order to permit said members to vote in said election
it is deemed necessary that said provisions of the Constitution be revised
and amended in so far as they relate to said members of the armed
lorces: and,

Whereas, it is impossible to procure such amendments and revi-
sions within the time required to permit such members to vote in the
nneteen hundred forty-five elections except by convening a constitutional
convention ; and,

Whereas, because it is deemed unwise, in the absence of a great
number of Virginia citizens im war service, to make any sweeping or
drastic changes in the fundamental laws of the State, in the making of
which they are unable to participate, and also, in order to assure the
adoption of the contemplated amendments and revisions within the time
necessary to permit said members of the armed forces to vote in the
primary and general elections of nineteen hundred forty-five, it 1s
deemed necessary that the people eliminate all questions from considera-
tion by said convention save and except those essential to the adoption
ol those revisions and amendments specified in this Act: and,

Whereas, in order to avoid heated and untimely controversies
throughout the State as to what other matters, if any, may or should
be acted upon by said convention, it is believed to be in the public in-
terest to submit to the electors the sole question whether a convention
shall be called which will be empowered by the people to consider and
act upon said limited revisions and amendments only, and not upon any
others:

Now, therefore, be it enacted by the General Assembly of Virginia
is follows:

1. That at an election to be held on such day as may be fixed by
proclamation of the Governor (but not later than ninety days after the
passage of this Act) there shall be submitted to the electors qualified to
vote for members of the General Assembly the question “Shall there be
a convention to revise the Constitution and amend the same”. Should a
majority of the electors voting at said electron vote for a convention, the
legal effect of same will be that the people will thereby delegate to it only
the following powers of revision and amendment of the Constitution and
no others:

A. The convention may consider and adopt amendments neces-
sary to accomplish the following purposes, and no others.

1. To eliminate registration and payment of poll taxes by mem-
bers of the armed forces while in active service in time of war as a
prerequisite to the right of said members to vote in any and all elections
while in such service, but not to eliminate same with .respect to any
other persons.

2. To cancel and annul all poll taxes heretofore assessed or asses-
sable against members of the armed forces for the years nineteen hun-
dred forty-two, nineteen hundred forty-three, and nineteen hundred
forty-four and every year during ail or a part of which said members
were in active service in time of war, and also for the three years next
preceding any such member’s discharge, provided such discharge is not
dishonorable, though not then in service, and to exempt said members
from future assessments of poll taxes for all years, during a part of
which they are hereafter engaged in such active service in time of war.

B. The convention shall be empowered to proclaim and ordain
said revisions and amendments adopted by it within the scope of its
powers as above set forth without submitting same to the electors for
approval, but the convention will not have the power to either consider,
adopt or propose any other amendments or revisions. .

2. The judges of election and other officers charged with the duty
of conducting elections at each of the several voting places in the State
are hereby required to hold an election upon the said question of calling
the convention, on the day fixed therefor by proclamation of the Gover-
nor, at all election precincts in the State, but the several electoral boards
may, in their discretion, dispense with the services of clerks of election
in such precincts as they may deem appropriate. Copies of the Governor’s
proclamation shall be promptly sent by the Secretary of the Common-
wealth to the secretary of each electoral board and due publicity thereof
given through the press of the State and otherwise if the Governor so
directs.

3. The ballots to be used in said election the Secretary of the
Commonwealth shall cause to be printed, and distributed and furnished
to the respective electoral boards of the counties and cities of the State.
The number furnished each such board shall be ten per centum greater
than the total number of votes cast by said board's county or city in the
last presidential election. The respective electoral boards shall cause the
customary identification seal to be stamped on the ballots delivered to
them. In order to insure that the electors will clearly understand the
limited powers which may be exercised by the convention, if called, said
ballots shall be printed in type not less in size than small pica and contain
the following words and figures:
“The Act of the General Assembly submitting to the people the
question below provides that the elector 1s voting for or against a con-
vention to which will be delegated by the people only the limited powers
of revising and amending the Constitution to the extent that 1s necessary
to accomplish the following purposes, and no other powers:

‘1. To eliminate registration and payment of poll taxes by mem-
hers of the armed forces while in active service in time of war as a pre-
requisite to the right of said members to vote in any and all elections
while in such service, but not to eliminate same with respect to any other
persons.

“2. To cancel and annul all poll taxes heretofore assessed or
assessable against members of the armed forces for the years 1942,
1943, and 1944, and every vear during all or a part of which said mem-
bers were in active service in time of war, and also for the three years
next preceding any such member’s discharge, provided such discharge
is not dishonorable, though not then in service, and to exempt said
members from future assessments of poll taxes for all years, during a
part of which they are hereafter engaged in such active service in time
ol war.

“The Act also provides that the legal effect of a majority vote for
a convention will be that the people will delegate to it only the foregoing
powers, except that the convention will‘ be empowered to ordain and
proclaim said revisions and amendments adopted by it within the scope
of said powers without submitting same to the electors for approval.
hit the convention will not have the power to either consider, adopt or
propose any other amendments or revisions.

“In the hght of the foregoing information the question to be voted
on 1s as follows:

“Shall there be a convention to revise the Constitution and amend
the same?

“(| For the convention.
“{-] Against the convention.”

4. A ballot deposited with a cross mark, a line or check mark placed
in the square preceding the words “For the convention” shall be a vote
for the convention, and a ballot deposited with a cross mark, line or
check mark preceding the words “Against the convention” shall be a
vote against the convention.

5. The ballots shall be distributed and voted, and the results there-
of ascertained and certified. in the manner prescribed by section one
hundred ninety-seven-a of the Code of Virginia. It shall be the duty of
the clerks and commissioners of election of each county and city, res-
pectively, to make out, certify and forward an abstract of the votes cast
ior and against the convention in the manner now prescribed by law in
relation to votes cast in general State elections.

6. It shall be the duty of the Seerctary of the Commonwealth, and
of the State Board of Canvassers, to open and canvass the said abstracts
of returns, and to examine and make statement of the whole number ot
votes given at said election for and against the convention, 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 Common-
wealth 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.

7. The Governor shall, without delay, make proclamation of the
result, stating therein the aggregate vote for and against the convention
to be published in such newspapers in the State as may be deemed
requisite for general information. The Secretary of the Commonwealth
shall cause to be sent to the clerks of each county and corporation, at
least fifteen days before the election, as many copies of this Act as there
are places of voting therein; and it shall be the duty of such clerks to
forthwith deliver the same to the sheriffs of their respective counties
and cities for distribution. Each such sheriff shall forthwith post a copy
of such Act at some public place in each election district at or near the
usual voting place in the said district.

8. The expenses incurred in conducting this election, except as
herein otherwise provided, shall be defrayed as in the case of the elec-
tion of members of the General Assembly.

9. Assistants to Secretary of Commonwealth.—The Secretary of
the Commonwealth shall have authority to employ such assistants and
clerical help and incur such other expense as may be necessary to enable
him to discharge the duties imposed on him under this Act. The said
Secretary is hereby authorized to pay the salaries or other compensation
of such persons employed by him, and to pay for the cost of acquiring.
preparing, printing and transmitting the necessary ballots as provided
in this Act.

10. Appropriation.—There is hereby appropriated to defray the
expenses of administering this Act the sum of twenty-five thousand dol-
lars, or so much thereof as may be necessary, to be paid by warrants
drawn by the Comptroller on the Treasurer pursuant to vouchers or
invoices approved by the Secretary of the Commonwealth.

11. Emergency Clause—An emergency existing, this Act) shall
be in force from the time of its passage.