Chap. 158.—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 8 of chapter 7 of the Code of 1878, as amended and re-
enacted by an act approved August 25, 1884, entitled an act to amend
and re-enact sections 1 and 10 of an act entitled an act to provide for
a general registration of voters, approved April 12, 1870, chapter 46,
sections 1 and 10, pages 55 and 57, Acts d869-70, which are sections 2
and 8 of chapter 7 of Code of 1873, and section 24 of an act entitled
an act to provide for a general election, approved May 11, 1870, chap-
ter 76, section 24, page 82, Aets of 1869-70, as amended by an act
entitled an act to amend and re-enact section 24 of the act approved
May 11, 1870, entitled an act to provide for a‘general election,
approved March 20, 1873, chapter 200, section 1, page 185, Acts
1872-8, and which is section 8 of chapter 8, Code of 18738, and section
40 of an act entitled an act to provide for a general election, approved
May 11, 1870, chapter 76, section 40, page 88, Acts 1869-70, as
amended by an act entitled an act to amend und re-enact sections 39,
40, and 58 of an act entitled an act to provide for a general election,
approved May 11, 1870, as amended and re-enacted by an act approved
July 11, 1870, chapter 279, section 1, page 370, Acts 1870-71, and
which is section 24 of chapter 8 of Code of 1873, and to make valid
all registrations and elections held since the act of February 14, 1884,
became in force, and defining the duties and powers of the electoral
boards created under this act. .

In force November 29, 1884. _

1. Be it enacted by the general assembly of Virginia, That
the offices of all the registrars and judges, clerks and com-
missioners of election in each county and city of this com-
monwealth, shall become and be vacant as soon as their suc-
cessors in office, as hereinafter provided for, have been ap-
pointed and qualified, and that the general assembly shall,
during its present session, and at its session commencing in De-
cember, eighteen hundred and eighty-seven, and at each alter-
nate regular session thereafter, proceed to elect three qualified
voters, who shall be 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 January succeeding
their election, or as soon thereafter as possible, having first
taken and subscribed the usual oath of office prescribed for
the city and county officers, and whose term of office shall
continue for four years, or until their successors are duly
elected and qualified. The oath prescribed by this section
may be taken before any person qualified to administer oaths
in their respective dities or counties, and when so taken and
subscribed, it-shall be filed in the office of the county court
in a county, or in the office of hustings court in a city, as the
case may be.

2. The said board shall elect one of their number chairman,
and anothber-secretary, 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 legisla-
ture, shall be filled by the remaining members 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 each city and county shall
have power, and it shall be their duty to proceed to fill the
offices of registrars and judges in the manner provided for
in this act. ms

5. It shall be the duty of the electoral board of each city
and county, at.some time prior to the first day of March in
each year, to select and appoint three competent male citizens,
who shall be qualified voters, for each voting place in their
respective counties and cities, who, when so selected and ap-
pointed, shall constitute the judges of election for all elec-
tions to be held in their respective districts, precincts or
wards, for the term of one year, dating from their appoint-
ment, and which said judges shall have power to appoint two
clerks for each place of voting at such. election, to whom
shall be administered by the judges, or either of them, the
same oath as that taken by the said judges. It shall be the
duty of each of said electoral boards, biennially, at the same
time, to appoint a registrar for each voting place of their
respective counties and cities, who shall be a discreet citizen
and resident of the magisterial district or ward in and for
which he is appointed, and who shall hold office for the term
of two years from the first day of March following their
appointment, 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,
however, that for any ward containing over one thousand
voters, the said electoral board shall appoint one registrar for
every thousand voters, and one for every fractional part of a
thousand above five hundred, and there shall be at least as
many voting places in each ward as registrars for such ward.
The said electoral board shall, from time to time, fill any
vacancy that may occur in the office of registrar. Whenever
it is possible to do so, the persons so selected and appointed
as judges of 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. The
members of any electoral board who shall wilfully fail to
comply with this requirement, shall be guilty of a misde-
meanor, and on conviction thereof shall be fined not less than
‘one hundred nor more than five hundred dollars. But no
election shall be deemed invalid when the citizens appointed
as judges shall not belong to different political parties, or who
shall not possess the above qualifications. And should any
judge of election fail to attend at any place of voting for one
hour after the time prescribed by law for opening the polls
at such election, it shall be lawful for the judge or judges in
attendance to select from among the bystanders one or more
persons possessing the qualifications 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 judges present have information that the absent judge
or judges will not attend, he or they need not wait for
the expiration of an hour, or any othertime. Should all the
judges appointed for any place of voting fail to attend at the
place of voting for one hour after the time prescribed by law
or opening the polls at such election, it shall be the duty of
any justice of the peace of the district in which the election
is held, whoshall 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 judges of election for such election district,
who shall possess the same qualifications and have the same
powers as judges appointed by said electoral board. Should
no judyves of election be appointed for any county, city or
place of voting therein, orif appointed they neglect or refuse
to act for one hour after the time prescribed by law for
opening the polls at such election, it shall be lawful for any
three lawful voters of the district; who shall 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 for that purpose shall
have all the powers and authority of judges appointed by said
electoral board.
} §66. 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,

unday excepted, and to proceed to open the several returns
which shall have been made at that office; and the said com-
missioncrs shall ascertain from the returns the persons who
have received the greatest number of votes in the county or
corporation for the several offices voted for in said election.
The result as so ascertained shall be reduced to writing and
signed by a majority of the commissioners present and con-
stituting such board, and attested by the clerk, and shall be
annexed to the abstract of votes given for such offices res-
pectively, as provided for in the twenty-sixth section of chap.
ter eight, Code of eighteen hundred and seventy-three. If
from any cause the number of commissioners in attendance at
the time and place for opening returns be less than three, it
shall be lawful for the commissioner or commissioners in atten-
dance to select from the voters of the county or corporation,
as the case may be, one or more persons having the qualifica-
tion of judges of election, who shall act as commissioner or
commissioners. Should all the commissioners appointed for
any county or corporation fail to attend at the time and place
for oj-ening 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 the case may be, three persons having the
qualifications of judges of elections, who shall act as com-
missioners. The electoral board of the several counties and
cities shall have power to fill vacancies in such appointments
in their respective cities and counties whenever necessary
to do 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 before some one authorized to administer oaths, to faith-
fully discharge his duties as commissioner; 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 electorat board. The fact of the appoint-
ment 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.

7. The electoral board of each city and county shall con-
vene at any time upon tae call of any member of the board,
and in regular session at such time in the month of January
of each year as the board may prescribe, but at any special
meeting the board shall have the same powers as at a regular
meeting. At any session two members shall constitute a
quorum. The secretaries of the several electoral boards shall
keep in a book to be provided for that purpose, an accurate
account of all the proceedings 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 office
of any registrar 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 have
power to remove from office any and every judge of. election
or registrar, upon notice, 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 one
of them, shall, on request, deliver to their respective succes-
sors in office as provided for {fn this act, all the ballot-boxes,
books, papers, and other property in their possession belong-
ing to their respective offices. Any registrar, judge, clerk or
commissioner of election, who shall fail or refuse to deliver
such ballot-boxes, books, papers or other property, after re-
quest therefor has been made either by the electoral board,
or by his or their successor or successors in office, shall be
guilty of a misdemeanor, and upon conviction thereof, shall
be punished by a fine of not less than twenty nor more than
fifty dollars, and confinement in the county jail for not less
than one nor more than twelve months. And it shall be law-
ful for the electoral board, or upon their failure to act, for the
several judges, clerks and commissioners of election, and regis-
trars, as the case may be, or any one or more of them, who
may be entitled to a delivery of such ballot-boxes, 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 proceedings 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, ‘which, with the other expenses of the proceeding
shall be borne by the county, city or town, as the case may
be, which fee and costs may be recovered trom the officer or
officers by the default of whom, such proceeding was rendered
necessary. |

10. Each member of the electoral board shall receive from
the county or city respectively, for each day of actual ser-
vice, the sum of two dollars: provided that no member of
such board shall receive more than ten 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 their proceedings.

11. All registrars and judges, and commissioners of elec-
tion 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, except as
herein provided.

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

13. The said electoral boards shall provide for a new regis-
tration of voters for any election district or precinct of their
respective counties or cities, whenever in their opinion the
same may have become necessary by reason of the loss or de-
struction of the registration books, and in that case the regis-
trars shall give notice by printed hand-bills posted in at least
five places in the election district, at least ten days before the
day of registration, of the time and place of registration, and
shall sit five days at the voting precinct, for which the regis-
tration is to be made, for the purpose of registering all legally
qualified voters who may apply for registration, and be enti-
tled to vote at such precinct at the election to be held next
after such registration. And in every case in which the
registration books in any election district or precinct, may
be so mutilated or defaced, as to render it proper in the judg-
ment of said board, that the said registration books should
be copied, the said board is authorized to order the said
books to be copied; and in such case it shall be the duty of
the registrar for such election district to cause fair copies to
be made of the old registration books; and they shall take
the place of the old books; and the old books shall be filed
and preserved in the office of the registrar as the other books
are kept. .

14. It shall be the duty of the keeper of the rolls, imme-
diately after the election under this act of the members of
the several electoral boards, to cause a list thereof to be made
out and certified to the secretary of the commonwealth, who,
immediately upon the receipt of such list, shall make out,
sign, and mail to each person so elected, a certificate, setting
forth the fact of such election, the name of the person
elected, and the term for which he was elected, to which
shall be appended the oath to be taken by such person. The
said certificate shall be evidence of the facts stated therein.

15. In case all the members of the electoral board for any
county or city shall fail to qualify within the time prescribed
by this act, it shall be the duty of the judge of the circuit
court of such county or city upon the application in writing
of any five qualified voters of such county or city, to fill the
vacancies either in term time or vacation.

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