Chap. 87.—JOINT RESOLUTIONS agreeing to amendments to the
Constitution of Virginia, in reference to the Elective Franchise and
Qualifications for Office, and concerning the Legislative Department.

Approved February 22, 1876.

Whereas certain joint resolutions proposing amendments
to article third of the constitution of Virginia, in relation
to elective franchise and qualifications for office, and to the
second, third, fourth, fifth, sixth, and eighth sections, and
additional sections to the fifth article of said constitution,
concerning the legislative department, and providing for the
publication of the said amendments, and for the communica-
tion of a copy thereof, and of the said resolutions, to this
general assembly, were adopted by the senate and house of
delegates of the last general assembly (a majority of the
members elected to each of the two houses having agreed
thereto); and whereas, in accordance with said resolutions,
a certified copy of said amendments and of said resolutions,
together with a certificate of publication by the publisher of
the newspaper in which said proposed amendments have
been published, that the same have been published for three
months previous to the time of choosing the senators and
members of the house of delegates of this general assembly;
therefore,

Resolved by the senate and house of delegates of this.
general assembly (a majority of the members of each of the.
two houses agreeing thereto), That the following amend-.
ments to the constitution of Virginia be and the same are
hereby agreed to, which said amendments shall be submitted
to the people, in a manner hereafter to be prescribed, for
their approval and ratification, in conformity with the pro-
visions of article twelve of said constitution, viz.:

Strike from the constitution of Virginia the first section
of the third article, in reference to the elective franchise and
qualifications for office, which is in these words:

ArticLe III.
Elective franchise and qualifications for office.

§ 1. Every male citizen of the United States, twenty-one
‘years old, who shall have been a resident of this state twelve
months, and of the county, city, or town in which he shall
offer to vote, three months next preceding any election,
shall be entitled to vote upon all questions submitted to the
people at such election: provided, that no officer, soldier,
seaman, or marine of the United States army or navy shall
be considered a resident of this state by reason of being sta-
tioned therein: and provided also, that the following persons
shall be excluded from voting:

First. Idiots and lunatics.

Second. Persons convicted of bribery in any election, em-
bezzlement of public funds, treason or felony.

Third. No person who, while a citizen of this state, has,
since the adoption of this constitution, fought a duel with a
deadly weapon, sent or accepted a challenge to fight a duel
with a deadly weapon, either within or beyond the bounda-
ries of this state, or knowingly conveyed w challenge, or
aided or assisted in any manner in fighting a duel, shall be
allowed to vote or hold any office of honor, profit, or trust,
under this constitution.

And in lieu thereof insert the following:

§ 1. Every male citizen of the United States, twenty-one
years old, who shall have been a resident of the state twelve
months, and of the county, city, or town in which he shall
offer to vote three months next preceding any election, and
shall have paid to the state, before the diay of election, the
‘Capitation tax required by law, for the preceding year, shall
be entitled to vote for members of the general assembly and
-all officers elected by the people: provided, that no officer,
soldier, seaman, or marine of the United States army or
navy, shall be considered a resident of this state, by reason
of being stationed therein: and provided also, that the fol-
lowing persons shall be excluded from voting:

First. Idiots and lunatics.

Second. Persons convicted of bribery in any election, em-
bezzlement of public funds, treason, felony or petit larceny.

Third. No person who, while a citizen of this state, has,
since the adoption of'this constitution, fought a duel with
a deadly weapon, sent or accepted a challenge.to fight a duel
with a deadly weapon, either within or beyond the bounda-
ries of this state, or knowing!y conveyed a challenge, or
aided or assisted in any manner in fighting a duel, shall be
allowed to vote or hold any office of honor, profit, or trust,
under this constitution.

Strike out the fourth section of the same article, which is
in the following words:

§ 4. The general assembly shall, at its first session under
this constitution, enact a general registration law; and every
person offering or applying to register shall take and sub-
scribe, before the officer charged with making a registration
of voters, the following oath: “TI, , do solemnly
swear (or affirm) that I am not disqualified from exercising
the right of suffrage by the constitution framed by the con-
vention which assembled in the city of Richmond on the
third of December, eighteen hundred and sixty-seven, and
that I will support and defend the same to the best of my
ability.

; SCHEDULE.

That all elections held subsequent to the ratification of
these amendments by the people, before the adjournment of
the next regular scssion of the legislature, held after such
ratification, shall be had and conducted under and in accord-
ance with the election laws and registrations laws which may
be in force at the time of such ratification, unless the same
shall have been sooner amended or repealed by the general
assembly. °

Strike out from the constitution of Virginia the second,
third, fourth, fifth, sixth, and eighth sections of the fifth
article, concerning the legislative department, which are in
the following words:

§ 2. The house of delegates shall be elected biennially by
the voters of the several cities and counties, on the Tuesday
succeeding the first Monday in November, and shall be dis-
tributed and apportioned as follows:

§ 3. The senators shall be elected for the term or four years,
for the election of whom the counties, cities, and towns shall
be divided into not more than forty districts. Each county,
city, and town of the respective districts, at the time of the
first election of its delegate or delegates under this consti-
tution, shall vote for one or more senators. The senators
first elected under this constitution, in districts bearing odd
numbers, shall vacate their offices at the end of two years,
and those elected in districts bearing even numbers, at the
end of four years; and vacancies occurring by expiration of
term, shall be filled by the election of senators for the full
term.

§ 4. At the first session of the general assembly after the
enumeration of the inhabitants of the state by the United
States, a reapportionment of senators and members of the
house of delegates, and every tenth year thereafter, shall be
made. oo

Qualifications of senators and delegates.

§5. Any person may be elected senator who, at the time
of election, is actually a resident within the district, and
qualified to vote for members pf the general assembly ac-
cording to this constitution; and any person may be elected
a member of the house of delegates who, at the time of elec-
tion, is actually a resident within the county, city, town, or
election district, qualified to vote for members of the general
assembly according to this constitution. The removal of
any person elected to either branch of the general assembly
from the city, county, town, or district for which he was
elected, shall vacate his office.

Powers and duties of the general assembly.

§6. The general assembly shall meet annually, and not
oftener unless convened by the governor in the manner pre-
scribed in this constitution. No session of the general as-
sembly, after the first under this constitution, shall continue
longer than ninety days, without the concurrence of three-
fifths of the members elected to each house; in which case
the session may be extended for a further period, not exceed-
ing thirty days. Neither house, during the session of the
general assembly, shall, without the consent of the other,
adjourn for more than three days, nor to any other place
than that in which the two houses shall be sitting. A ma-
jority of the members elected to each house shall constitute
a quorum to do business; but a smaller number may adjourn
from day to day, and ghall have power to compel the attend-
ance of absent members, in such manner and under such
penalty as each house may prescribe.

§8. The members of the general assembly shall receive
for their services a compensation, to be ascertained by law,
aud paid out of the public treasury; but no act increasing
such compensation shall take effect until after the end of the
term for which the members of the house of delegates vot-
ing thereon were elected; and no senator or delegate, during
the term for which he shall have been elected, shall be ap-
pointed to any civil office of profit under the commonwealth,
whicW@bhas been created, or the emoluments gf which have
been increased during such term, except offices filled by elec-
tion by the people. .
And insert in lieu thereof the following:

§ 2. The house of delegates shall be elected biennially by
the voters of the several cities and counties, on the Tuesday
succeeding the first Monday in Novembér, and shall, from
and after the Tuesday succeeding the first Monday in No-
vember, eighteen hundred and seventy-nine, consist of not
more than one hundred, and not less than ninety members..

§ 3. From and after the same date, the senate shall consist
of not less than thirty-three nor more than forty members.
They shall be elected for the term of four years—for the
election of whom, the counties, cities, and towns shall be:
divided into districts. Each county, city, and town of the
respective districts shall, at the time of the first election of
its delegate or delegates under this amendment, vote for one
or more senators. The senators first elected under this
amendment, in districts bearing odd numbers, shall vacate
their offiees at the end of two years; and those elected in
districts bearing even numbers, at the end of four years;
and vacancies occurring by expiration of term, shall be filled
by the election of senators for the full term.

§4. An apportionment ot senators and members of the
house of delegates shall be made at the regular session of
the general assembly next preceding the Tuesday after the
first Monday in November, eighteen hundred and seventy-
nine, or sooner. A reapportionment shall be made in the
year eighteen hundred and ninety-one, and every tenth year
thereafter.

Qualifications of senators and delegates.

§ 5. Any person may be elected senator who, at the time
of election, is actually a resident within the district, and
qualified to vote for members of the general assembly accord-
ing to this constitution; and any person may be elected a
member of the house of delegates who, at the time of elec-
tion, is actually a resident within the county, city, town, or
election district, qualified to vote for members of the gene-
ral assembly according to this constitution. But no person
holding a salaried office under the state government, shall be
capable of being elected a member of either house of the
general assembly. The removal of any person elected to
either branch of the general assembly, from the city, county,
town, or district for which he was elected, shall vacate his
office. :

Powers and duties of the general assembly.

§6. The general assembly shall meet once in two years,
and not oftener, unless convened by the governor in the
manner prescribed in this constitution. No session of the
general assembly, after the first under this amendment, shall
continue longer than ninety days, without the concuggence
of three-fifths of the members elected to each house; in Which
case the session may be extended fora further period, not
exceeding thirty days. Neither house, during the session of
the general assembly, shall, without the consent of the other,
adjourn for more than three days, nor to any other place
than that in which the two houses shall be sitting. A ma-
jority of the members elected to each house shall constitute
a quorum to do business; but a smaller mumber may adjourn
from day to day, and shall have power to compel the attend-
ance of absent mrmbers, in such manner and under such
penalty as each house may prescribe.

§ 8. The members of the general assembly shall receive for
their services a salary, to be ascertained by law, and paid
out of the public treasury; but no act increasing such salary,
shall take effect until after the end of the term for which
the members of the house of delegates voting thereon were
elected; and no senator or delegate during the term for
which he shall have been elécted, shall be appointed to any
civil office of profit under the commonwealth, which has
been ‘created, or the emoluments of which have been in-
creased during such term, except offices filled by election by
the people.

Add the following sections at the end of the article:

§ 23. The legislature shall have power to provide for the
government of cities and towns, and to establish such courts
therein as may be necessary for the administration of justice.

§ 24. The general assembly shall have power, by two-thirds
vote, to remove disabilities incurred under clause third, sec-
tion one, article third of this constitution, with reference to
duelling. -

CuaP. 88.—An ACT providing for the Submission to the People of the
Proposed Amendments to the Constitution of Virginia, in reference
to the Elective Franchise and Qualification for Office, and concerning
the Legislative Department.

Approved February 22, 1876.

1. Be it enacted by the general assembly, That it shall be
the duty of the officers conducting the election directed by
law to be held on the first Tuesday after the firat Monday in
November, eighteen hundred and seventy-six, at the places
appointed for holding the same, to open a poll to take the
sense of the qualified voters of this commonwealth upon the
ratification or rejection of the amendments to the constitu-
tion of Virginia, contained in joint resolutions proposing
amendments to the state constitution, in relation to the elec-
tive franchise and qualifications for office, and concerning the
legislative department, and directing a submission of said
proposed amendments to the people for their approval and
ratification, viz.:

Strike from the constitution of Virginia the first section
of the third article, in reference to the elective franchise and
qualifications for office, which is in these words:
§ 1. Every male citizen of the United States, twenty-one
years old, who shall have been a resident of this state twelve
months, and of the county, city, or town in which he shall
offer to vote, three months next preceding any election, shall
be entitled to vote upon all questions submitted to the peo-
ple at such election: provided, that no officer, soldier, sea-
man, or marine of the United States army or navy shall be
considered a resident of this state by reason of being sta-
tioned therein: and provided also, that the following persons
shall be excluded from voting: |

First. Idiots and lunatics.

Second. Persons convicted of bribery in any election, em-
bezzlement of public funds, treason, or felony.

Third. No person who, while a citizen of this state, has,
since the adoption of this constitution, fought a duel with a
deadly weapon, sent or accepted a challenge to fight a duel
with a deadly weapon, either within or beyond the bounda-
ries of this state, or knowingly conveyed a challenge, or
aided or assisted in any manner in fighting a duel, shall be
allowed to vote or hold any office of honor, profit, or trust,
under this constitution. .

And in lieu thereof insert the following: .

§ 1. Every citizen of the United States, twenty-one years
old, who shall have been a resident of the state twelve
months, and of the county, city, or town in which he shall
offer to vote, three months next preceding any election, and
shal] have paid to the state, before the day of election, the
capitation tax required by law, for the preceding year, shall
be entitled to vote for members of the general assembly, and
all officers elected by the people: provided, that no officer,
soldier, seaman, or marine of the United States army or
navy shall be considered a resident of this state by reason
of being stationed therein: and provided also, that the fol-
Jowing persons shall be excluded from voting:

First. Idiots and lunatics.

Second. Persons convicted of bribery in any election, em-
bezzlement of public funds, treason, felony, or petit larceny.

Third. No person who, while a citizen of this state, has,
since the adoption of this constitution, fought a duel with a
deadly weapon, sent or accepted a challenge to fight a duel
with a deadly weapon, either within or beyond the bounda-
ries of this state, or knowingly eonveyed a challenge, or
aided or assisted in any manner in fighting a duel, shall be
allowed to vote or hold any office of honor, profit, or trust,
under this constitution.

Strike out the fourth section of the same article, which is
in the following words: |
§4. The general assembly shall, at its first session under
this constitution, enact a general registration law; and every
person offering or applying to register, shall take and sub-
scribe, before the officer charged with making a registration
of voters, the following oath: “TI, , do solemnly
swegr (or affirm) that I am not disqualified from exercising
the right of suffrage by the conatitution framed by the con-
vention which assembled in the city of Richmond on the
third of December, cighteen hundred and sixty-seven, and
that I will support ard defend the same to the best of my
ability.”

SCHEDULE.

2. That all elections held subsequently to the ratification
of these amendments by the people, before the adjournment
of the next regular session of the legislature, held after such
ratification, shall be had and conducted under and in accord-
ance with the election laws and registration laws which may
be in force at the time of such ratification, unless the same
shall have been sooner amended or repealed by the general
assembly.

Strike out from the constitution of Virginia the second,
third, fourth, fifth, sixth, and eighth sections of the fifth arti-
cle, concerning the legislative department, which are in the
following words:

§ 2. The house of delegates shall be elected biennially by
the voters of the several cities and counties, on the Tuesday
succeeding the first Monday in November, and shall be dis-
tributed and apportioned as follows: . :

§3. The senators shall be elected for the term of: four
years, for the election of whom the counties, cities, and
towns shall be divided into not more than forty districts.
Each county, city, and town of the respective districts, at
the time of the first election of its delegate or delegates un-
der this constitution, shall vote for one or more senators.
The senators first elected under this constitution, in districts
bearing odd numbers, shall vacate their offices at the end of
two years, and those elected in districts bearing even num-
bers, at the end of four years; and vacancies occurring by
expiration of term shall be filled by the election of senators
for the full term.

§4. At the first session of the general assembly after the
enumeration of the inhabitants of the state by the United
States, a reapportionment of senators and members of the
house of delegates, and every tenth year thereafter, shall be
made.

Qualifications of senators and delegates.

§ 5. Any person may be elected senator who, at the time
of election, is actually a resident within the district, and
qualified to vote for members of the general assembly ac-
cording to this constitution; and any person may be elected
a member of the house of delegates who, at the time of elec-
tion, 18 actually a resident within the county, city, town, or
election district, qualified to vote for members of the general
assembly according to this constitution. The removal of
any person elected to either branch of the general assembly
from the city, county, town, or district for which he was

elected, shall vacate his office.
: a

Powers and duties of the general assembly.

§6. The general assembly shall meet annually, and not.
oftoner, unless convened by the governor in the manner pre-
scribed in this constitution. No session of the general as-
sembly, after the first under this constitution, shall continue
longer than ninety days, without the concurrence of three-
fifths of the members elected to each house; in which case
the session may be extended for a further period, not exceed-
ing thirty days. Neither house, during the session of the
general assembly, shall, without the consent of the other,
adjourn for more than three days, nor to any other place
than that in which the two houses shall be sitting. A ma-
jority of the members elected to each house shall constitute
a quorum to do business; but a smaller number may adjourn
from day to day, and shall have power to compel the attend-
ance of absent members in such manner and under such pen-
alty as each house may prescribe.

§8. The members of the general assembly shall receive
for their services a compensation, to be ascertained by law,
and paid out of the public treasury; but no act increasing
such compensation shall tay effect until after the end of the
term for which the members of the house of delegates voting
thereon were elected; and no senator or delegate, during the
term for which he shall have been elected, shall be appointed
to any civil office of profit under the commonwealth, which
has been created, or the emoluments of which have been in-
creased during sucb term, except offices filled by election by
the people.

And insert in lieu thereof the following:

§ 2. The house of delegates shall be elected biennially by
the voters of the several cities and counties, on the Tuesday
succeeding the first Monday in November, and shall, from
and after the Tuesday succeeding the first Monday in No-
vember, eighteen hundred and seventy-nine,. consist of not
more than one hundred and not less than ninety members.

§ 3. From and after the same date, the senate shall consist
of not less than thirty-three nor more than forty members.
They shall be elected for the term of four years—for the
election of whom, the counties, cittes, and towns shall be di-
vided into districts. Each county, city, and town of the
respective districts shall, at the time of the first election of
its delegute or delegates under this amendment, vote for one
or more senators. The senators first elected: under this
amendment, in districts bearing odd numbers, shall vacate
their offices at the end of two years; and those elected in
districts bearing even numbers, at the end of four years;. and
vacancies occurring by expiration of term shall be filled by
the election of senators for the full term.

§4. An apportionment of senators-and members of the
house of delegates shall be made at the regular session of
the general assembly next preceding the Tuesday after the
first Monday in November, eighteen hundred and _seventy-
nine, or sooner. A reapportionment shall be made in the
year eighteen hundred and ninety-one, and every tenth year
thereafter.

Qualifications of senators and delegates.

§ 5. Any person may be elected senator who, at the time
of election, is actually a resident within the district, and
qualified to vote for members of the general assembly ac-
cording to this constitution; and any person may be elected
a member of the house of delegates who, at the time of elec-
tion, is actually a resident within the county, city, town, or
election district, qualified to vote for members of the gene-
ral assembly according ‘to this constitution. But no person
holding a salaried office under the state government shall be
capable of being elected a member of either house of the
general assembly. The removal of any person elected to
either branch of the general assembly, from the city, county,
town, or district for whch he was elected, shall vacate his
office.

Powers and duties of the general assembly.

§6. The general assembly shall meet once in two years,
and not oftener, unless convened by the governor in the
manner prescribed in this constitution. No session of the
general assembly, after the first under this amendment, shall
continue longer than ninety days, without the concurrence
of three-fifths of the members elected to each house; in
which case the session may be extended for a further period,
not exceeding thirty days. Neither house during the ses-
sion of the general assembly, shal!, without the consent of
the other, adjourn for more than three days, nor to any other
place than that in which the two houses shall be sitting. A
majority of the members elected to each house shall consti-
tute a quorum to do business; but a smaller number may
adjourn from day. to day, and shall have power to compel the
attendance of absent members in such manner and under
such penalty as each house may prescribe.

§8. The members of the general assembly shall receive
‘for their services a salary, to be ascertained by law, and paid
out of the public treasury’; but no act increasing such salary
shall take effect until after the end of the term for which
the members of the house of delegates voting thereon were
elected; and no senator or delegate, during the term for
which he shall have been elected, shall be appointed to any
civil office of profit under the commonwealth, which has
been created, or the emoluments of which have been in-
creased during such term, except offices filled by election by
the people.

Add the following sections at the end of the article:

§ 23. The legislature shall have power to provide for the
government of cities and towns, and to establish such courts
therein as may be necessary for the administration of justice.

§ 24. The general assembly shall have ‘power, by a two-
third vote, to remove disabilities incurred under clause third,
section one, article third of this constitution, with reference
to duelling.

SCHEDULE.

3. At such election each of said voters who shall approve
said amendments, shall, on the ballot which he uses to vote
at said election, have written or printed, the words “For the
amendments to the constitution;” and each of said voters
‘who shall be opposed to said amendments, shall, on the ballot
which he uses to vote at said election, have written or
printed, the words “Against the amendments to the consti-
tution.”

4. That immediately after closing the polls, the said offi-
cers shall count the ballots deposited at said electien for and
against said proposed amendments, and shall make return
thereof, at the time and in the manner provided by law, as
in the case of other elections; and it shall be the duty of the
clerks and commissioners of election, of each county respec-
tively, to make out, certify, and forward an abstract of the
votes cast for and against sdid proposed amendments, in the
manner now prescribed by law in relation to votes cast in
general election.

5. It shall be the duty of the secretary of the common-
wealth, 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 of votes given at said
election for said proposed amendments and against said pro-
posed amendments, respectively, in the manner now pre-
scribed by law in relation to votes cast in general election;
and it shall be the duty of the secretary of the common-
wealth to record said certified statement in bis office, and
without delay to make out and transmit to the governor of
the commonwealth, an official copy of said statement, certi-
fied by him under his seal of office.

6. The governor shall, without delay, make proclamation
of the result, stating therein the aggregate vote for and
against the amendments, to be published in such newspapers
in the state as may be deemed requisite for general informa-
tion; and if a majority of said votes be cast for the ratifica-
tion ef the said amendments, he shall annex to his procla-
mation a copy thereof, together with a copy of these resolu-
tions.

7. The secretary of the commonwealth shall cause to be
sent to the clerks of each county and corporation, as many
copies of these resolutions as there are places of votin
therein; and it shall be the duty of said clerks to deliver
the same to the sheriffs for distribution, whose duty it shall
be forthwith to post the said copies at some public place in
each election district. | :

8. The expenses incurred in conducting this electiongshall
be defrayed as in the case of the election of members of the
general assembly. ,

9. This act shall be in force from its passage.