CHAPTER 435

An Act to amend and reenact § 4 of Chapter I, as amended, of Chapter 157
of the Acts of Assembly of 1908, approved March 10, 1908, which
provided a charter for the city of Portsmouth, relating to election and
terms of councilmen.

[H 230]

Approved March 31, 1962

Be it enacted by the General Assembly of Virginia:

1. That § 4 of Chapter I, as amended, of Chapter 157 of the Acts of
Assembly of 1908, approved March 10, 1908, be amended and reenacted
as follows:

Ch. I. § 4. Election and terms of councilmen.

(1) Time of elections.

A municipal election shall be held on the second Tuesday in June of
the year 1962 and of every second year thereafter, which shall be known
as the municipal election for the election of councilmen. Any matter
which, by the terms of this charter, may be submitted to the electors
of the city at any special election, may be submitted at a municipal election.

(2) Nomination of candidates.

Candidates for the council under the provisions of this charter shall
be nominated by petition or under the provisions of general law. Any
qualified voter of the city may be nominated as provided herein. Subject
to the provisions herein, there shall be printed on the ballots to be used in
any municipal election for the election of councilmen the names of all
candidates who have been nominated by petition or under the provisions
of general law, and no others. A nominating petition shall conform sub-
stantially to the following requirements.

(a) Such petition shall state the name and place of residence of each
person whose name is presented for a place upon the ballot, and shall
request such person or persons to become a candidate or candidates for
the office of councilman for the city of Portsmouth.

(b) Such petition shall be signed by at least seventy-five qualified
electors of the city. oo,

(c) Each elector signing a petition may subscribe to one nomination
for each of the places to be filled at the ensuing election, and no more.

(d) Such petition shall not be signed by any elector more than ninety
days prior to the day of such election, and such petition shall be filed with
the Clerk of the Hustings Court of said city not less than sixty days
previous to the day of such election.

(8) Acceptance.

Any person whose name has been submitted for candidacy by any
such petition, shall file his acceptance of such candidacy with the Clerk
of the Hustings Court of said city at least sixty days previous to the date
of such election, otherwise his name shall not appear on the ballot. The
filing of such acceptance shall be deemed equivalent to the filing of notice
of candidacy under the general election laws of the State, and no other
notice of candidacy need be given by the person filing the same.

(4) Method of conducting municipal elections.

The candidates at any municipal election for the election of councilmen
equal in number to the places to be filled who shall receive the highest
number of votes at such election shall be declared elected.

In any such election each elector shall be entitled to vote for as many
persons as there are vacancies to be filled, and no more; and no elector
shall in such election cast more than one vote for the same person.

In counting the vote any ballot found to have been voted for a greater
number of names for the office of councilman than the number of vacancies
an the council to be filled shall be void, but no ballot found to have been
voted for a lesser number of names for the office of councilman than the
number of vacancies in council shall be void.

(5) Terms of councilmen.

The councilmen shall be elected at large and shall hold office for terms
of four years each beginning on the first day of July next following the
date of their election and until their successors are duly elected and
qualified. Four of the councilmen shall be elected in the * municipal election
to be held in June of nineteen hundred sixty and every four years there-
after. Three of the councilmen shall be elected in the * municipal election
to be held in June of nineteen hundred sixty-two and every four years
thereafter. Provided, however, the terms of those councilmen now in
office whose terms would otherwise extend until September one, nineteen
hundred sixty, shall expire on July one, nineteen hundred sixty, and the
terms of those councilmen now in office whose terms would otherwise
extend until September one, nineteen hundred sixty-two, shall expire on
July one, nineteen hundred sixty-two.