Chap. 115.—An ACT to provide for the manner of choosing Registrars
and Judges and Clerks of Election for the several counties and cities
of the commonwealth, and to repeal sections 8 and 24 of chapter 8,
and sections 2 and 3 of chapter 7, of the Code of 1873.

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In force February 14, 1884.

1. Bo it enacted by the general assembly of Virginia, That
the offices of all the registr: irsand judges, clerks and commis-
sioners of election in each county and city of this common-

ealth shall become and be vacant as soon as their successors
in office, as hereinafter provided for, have been appointed and
qualified ; and that the general assembly shall, during the ses-
sion of the legislature of cighteen hundred and eighty-three—
four, and every four years thereafter, proceed to elect three
qualified voters, who shall be freeholders and residents of
each county and city for which they are appointed, in this
commonwealth, to be known as the county or city electoral
board, as the case may be, who shall go into office on the first
day of March succeeding their election, or as soon thereafter
as possible, having first ‘taken and subscribed the usual oath
of office prescribed for city and county officers, and whose
term of office shall continue for four years, or until their sue-
cessors are duly elected and qualified.

2. The said board shall elect one of their number chair-
man, and another sceretary; any two shall constitute a
quorum for the transaction of business; and any vacancy
occurring in any of said electoral boards during the
recess of the legislature shall be filled by the remaining mem-
bers or member of the board ; ; and the person so chosen shall
remain in office until the end of the term of the person in
whose stead he was chosen.

3. The general assembly may elect said electoral boards,
for each and all the counties and cities. by one or more joint

resolutions, as the general assembly may see fit.

4. The said electoral boards for cach city and county shall
have power. and it shall be their duty, to proceed to fill the
ottices of revistrars, judges and clerks of election, in the man-
ner provided for in this act.

5. It shall be the duty of the clectoral board of each city
and county. at some time prior to the first day of April in
each year, to select and appoint three competent male citi-
zens, Who shall be qualified voters, for each voting place in
their respective counties and cities, who, when so selected
and appointed. shall constitute the judges of election tor all
elections to be held in their respective districts, preeinets, or
wards, for the term of one year, dating from their appoint-
ment, and who shall have power to appoint two clerks for
each place of voting at such election, to whom shall be
administered by the judyes s, or either of them, the same oath
as that taken by the said judges. It shall be theduty of each
of said electorial boards, biennially at the same time, to
appoint a registrar for euch voting place of their respective
counties and cities, who shall be a discreet citizen, and resi-
dent of the mawisterial district or ward to which he is
uppointed, and who shall hold oftice for the term of two
years, from the first day ot April following their appoint-
me nt, and until their successors are duly appointed and
‘qualified ; and in the city of Richmond it shall be lawful for
each registrar to appoint a clerk, and to administer to him
the same oath as that taken by the registrar: provided how-
ever, that for any ward containing over one thousand voters,
the said electoral board shall appoint one revistrar for every
thousand voters. and one for every fractional part of a thou-

sand above tive hundred; and there shall be at least as miuny
voting places in each ard as registrars for such ward. The
said electoral board shall, from time to time, fill any vacancy
that may occur in the oflice of registrar. W henever it is prac-
ticable to do so, the persons so selected and appointed as judges
at election, shall be chosen for each voting place from persons
known to belong to different political parties, and each one of
whom shall be able to read and write. But no election shall
he deemed to be invalid, when the citizens appointed as
judges shall not belong to different political parties. And
should any judge of clection fail to attend at any place of
voting for one hour after the time preseribed by Jaw for
opening the polls at such election, it shall be lawful for the
judge or judges in attendance, to select from among the by-
standers, one or more persons possessing the qualitic: itions of
judges of election, who shall act as judge or judges of such
election, and who shall have all the powers and authority of
judges appointed by said electoral board: provided however,
that if the judge or judgés present have intormation that the
absent judve or judges will not attend, he or they need not
wait for the expiration of an hour or any other time. Should
all the judges appointed for any place of voting fil to attend
at the place of voting for one hour after the time prescribed
by law tor opening the polls at such election, it: shall be the
duty of any justice of the peace of the township in which the
election is held, who shall be applied to for that purpose, or
the mayor if the election is in any election district in a town
or city, to appoint three judyves of election tor such election
district, Who shall possess the same qualifications, and have
the same powers as judges appointed by said electoral board,
Should no judges of election be appointed for any county,
city, or place of voting therein, or it appointed, they neglect
or refuse to act for one hour after the time prese ribed by" law
for opening the polls at such election, it shall be lawful for
any three competent frecholders of the district, who may be
present and willing to act, upon taking the oath prescribed
for judges of election, to proceed to hold, conduct, and certify
the election in the manner provided in this act, and tor that
purpose shall have all the powers and authority of judges
appointed by said electoral board.

6. The electoral board of) each county and city shall also,
at the same time, designate five of the persons so appointed
as judges, to act as commissioners, who, or any three of
whom, shall constitute a board, of which the clerk of the
county or corporation court, as the case may be, shall, ex-
officio, be clerk, whose duty it shall be to meet at the clerk’s
office of the county or corporation for which they are ap-
pointed, on the second day after any election, held therein,
Sunday excepted, and to proceed to open the several re-
turns which shall have been made at that office; and the said
commissioners shall determine the persons who have received
the greatest number of votes in the county or corporation for
the several offices voted for in said election. Such determi-
nation shall be reduced to writing, and signed by a majority
of the commissioners constituting such board, and attested by
the clerk. and shall be annexed to the abstz: net of votes, given
for such officers respectively, as provided for in the twenty-
sixth section of chapter eight, Code ot eighteen hundred and
seventy-three. If from any cause the number of commis-
sioners in attendance at the time and place for opening re-
turns, be less than three, it shall be lawful for the commissioner
or commissioners in attendance to select from the voters of the
county or corporation, as the case may be, one or more persons
having the qualifications of Judges of election, who shall act as
commissioner or commissioners. Should all the commis-
sioners appointed for any county or corporation, fail to attend
at the time and place for opening returns, it shall be lawful
for any justice of the peace of the county, or the mayor, if
the failure occur in any city or town, to appoint, from among
the voters of the county or corporation, as tho case may be,
three persons having the qualifications of judges of election,
who shall act as commissioners. The electoral board of the
several counties and cities shall have power to fill vacancies
in such appomtments in their respective cities and counties
whenever necessary todo so. Any person appointed under
this section to fill a vacancy in the board of commissioners,
shall, before entering upon the discharge of his duties as
commissioner, take an oath betore some one authorized to
administer oaths, to faithfully discharge his duties as com-
missioner; and, when so sworn, shall have all the power and
authority, and be subject to all the penalties of a judge of
election appointed for that purpose by the said electoral board.
The fact of the appointment being made, and the oath taken,
shall be noted by the clerk at the foot of the abstract of
votes provided for in the said twenty-sixth section of chapter
eight, Code of eighteen hundred and seventy-three.

«. The electoral board of each city and county shall con-
vene at any time, upon the call of any member of the board,
and in regular session at such time in the month of March of
each vear, as the board may prescribe. At such session, two
members shall constitute a quorum. The clerks of the county
and corporation courts, respectively, shall be the clerks of
the several electoral boards, and shall keep in a book to be
provided for that purpose, an accurate account of all the pro-
ceedings of the board, including all appointments and
removals of judges and registrars.

8. The said electoral boards shall have power, and it shall
be their duty to declare vacant, and to proceed to fill the
ottice of any registrar or judge ot election in their respective
cities and counties, who fails to qualify, and to deliver to the
clerk of the board his official oath in the usual form, within
thirty days after he has been notified of his appointment,
which notification shall be promptly given by the clerk. The
board shall also vacate the office of any and every judge of
election or registrar, who fails to discharge the duties of his
office according to law. :

9. The present registrars, judges of election, clerks of elec-
tion, and commissioners of election and each and every of
them, shall, on request, deliver to their respective successors
in office, as provided for in this act, all the ballot-boxes, books,
papers and other property in their possession belonging to
their respective offices. Any registrar, judge, clerk or com-
missioner of clection, who shall tail or refuse to deliver such
hallot-boxes, books, papers or other property after request
therefor has been made either by the electoral board or b
his or their successor or successors in office, shall be guilty of
a misdemeanor, and upon conviction thereof, shall be pun-
ished by a fine of not less than twenty or more than fifty dol-
lars, and confinement in the county jail for not less than one
nor more than twelve months. And it shall be lawful for the
electoral board, or they failing to act, for the several judges,
clerks and commissioners of election and registrars, as the
case may be, or any one.or more of them, who may be enti-
tled to a deliver y of such ballot-hoxes, books, papers or other
property so withheld from them, to apply, either in term
time or vacation, to any circuit or corporation court judge, in
such county, city or town, for a mandamus to compel the
prompt delivery of such ballot-boxes, books, papers, or other
property, by the old officer or officers to their successors in
office. Such proceeding shall be conducted by the attorney
for the commonwealth in any such county, city or town, and,
for his services he shall be paid a fee of twenty dollars, whic -h,
with the other expenses of the proceeding, shall be borne by
the county, city or town, as the case may be.

10. Kach member of the electoral board shall receive from
the county or city, respectively, for each day of actual ser-
vice, the sum of one dollar: provided that no member of
such board shall receive more than five dollars in any one
year; and the cities and counties, respectively, shall furnish
the necessary stationery for the use of the board, and a
bound book in which to* record the proceedings.

11. All registrars and judges and commissioners of election
provided for in this act, shall have the same power and
authority, discharge the same duties, and be subject to
the same liabilities, and entitled to the same compensation as
now provided by law for these officers respectively.

12. Sections eight and twenty-four of chapter eight, and
sections two and three of chapter seven, of the Code ot cigh-
teen hundred and seventy-three. and all acts and parts of acts
in conflict with this act, are hereby repealed.

13. The provisions of this act shall not apply to the city of
Nortolk, nor in anywise repeal or effect the laws governing
the appointment of registrars for that city.

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