Chap. 741.—An ACT to regulate the holding of city and ward primary elections
in the city of Norfolk, Virginia.

Approved March 5, 1894.

1. Be it enacted by the general assembly of Virginia, That it
shall be lawful for any political party in the city of Norfolk, in this
atate, previous to any general election held for the purpose of elect-
ing any state or municipal officers, should it decide through its ex-
ecutive committee so to do, to hold either a city or ward primary
election for the nomination of candidates for the offices to be voted
for at said ensuing general election, or for delegates to city, sena-
torial, district or state conventions, or members of the city ex-
ecutive committee of such party, to be governed by such rules and
regulations, not inconsistent with the provisions of this act, as may
be prescribed by the electoral board or boards, to be selected as here-
inafter provided, which rules and regulations shall have the force of
law; but any such city or ward primary elections, if held, shall be
subject to the provisions of this law, and the first day of such city
or ward primary electiens shall be held not more than forty nor less
than ten days previous to such general election, as shall be deter-
mined by said executive committee; the expense of conducting such
city and ward primary elections to be borne by the party conducting
or holding the same.

2. The eaid electoral board or boards after having been duly
sworn for the faithful performance of the duties of their office, shal]
prescribe rules and regulations not inconsistent with the provisions
of this act, under which said city or ward primary elections shall be
held, which said rules and regulations shall be published in one or
more newspapers and posted at the front door of the court-house of
said city, and at each voting precinct, at least five days prior to the
holding of such city or ward primary elections, and a printed copy
of such rules and regulations shall be served on the same day upon
each candidate who is to be voted for at such city or ward primary
election, and upon each judge and clerk who shall conduct the same,
at the time of his appointment.

The executive committee of said party may also raise the neces-
gary amount to defray the expenses of such city or ward primary
election by voluntary subscriptions from the public, or by assessing
the same in an equitable manner against the candidates whose
names are to be submitted to such city or ward primary election.

No candidate shall be allowed to participate in any meeting for
the election of the electoral board, nor shall his name be printed on
any ballot until he shall have paid the amount assessed against him.

3. The said local executive committee shall receive the names of
all persons who propose to be candidates for salaried elective offices
In said city or ward primary elections, and shall close the lists of
the same ten days (including Sundays) prior to the date on which it
1s proposed to hold the same, and shall call a meeting of candidates
for the salaried offices of the city, to assemble not later than three
days after closing said lists, to elect by ballot seven qualified voters,
one from each ward and one at large, who shall! act as an electoral
board, and who shall appoint three judges and two clerks for each
precinct or ward, who shall be voters in their respective wards, in
the said city, at which it is proposed to hold said city or ward pri-
mary elections. No voter shall be qualified to act as a member of
said electoral board who shal! be a candidate for office, or be holding
any office, or who shall receive less than two-thirds of all the votes
of all the candidates for the salaried offices who shall have been
listed.

4. The said local executive committee shall receive the names of all
persons who offer themselves or are proposed as candidates for the
councils of the city or for delegates to conventions or members of the
executive committee of the party, and shall close the lists of same
seven days (including Sundays) prior to the date upon which it is
decided to hold ward primaries, and shall call a meeting of the
candidates who shall have complied with the provisions of this act, to
assemble not later than three days after closing said lists, to elect
by ballot seven qualified voters, one from each ward and one from
the city at large, by a two-thirds vote, who shall act as an electoral
board, and who shall appoint three judges and two clerks for each
ward, who shall be qualified voters in their respective wards and
who shall conduct the ward primaries for the election of councilmer
or delegates to conventions or members of the executive committee ot
the party. ;

5. Any person offering himself, or who is proposed for an elective
office, or councilman, or delegate to any convention, or member of
the executive committee of the party, shall make affidavit that he
is a bona fide candidate for such position at the time his name ig
offered, and before he can attend a meeting of candidates to select
the members of the electoral board, and that he is in no way in collu-
sion with any one for the purpose of controlling the election of the
electoral board for the selection of the judges and clerks of said
primary elections; and any person who knowingly or intentionally
violates or attempts to violate the provisions of this section shall,
upon conviction thereof, be fined not less than one hundred dollars
nor more than three hundred dollars, and be imprisoned in the city
jail not less than thirty days and not exceeding twelve months.

6. No one shall be qualified to serve as a member of any electoral
board, or as a judge or clerk of any city or ward primary elections,
who is a candidate for office or who holds an office. And any judge
or clerk of such elections shall be a resident voter of the ward
wherein he may act as such judge or clerk.

Should any judge or clerk of any election fail to attend at the
time for holding the proposed election, his place shall be filled as
required by section one hundred and seventeen, code of eighteen
hundred and eighty-seven, relating to general elections.

7. Electoral boards elected as hereinbefore provided shall, at least
three days before said city or ward primary elections, submit to the
candidates for office (if there is to be primary election for such) or
to the candidates for city councils, or to the candidates for delegates
to conventions or members of the executive committee of the party,
the names of the three judges and two clerks for the precinct or ward
at which said city or ward primary election is to be held, and any
judge or clerk who shall receive less than two-thirds of the ballots
cast shall be rejected, and the said electoral board shall submit other
names instead, until the necessary number shall be ratified. )

8. The registrar from each precinct or ward in the city shall, five
days before said city or ward primary elections, make and complete a
copy in ink of the registration books for his precinct or ward, purg-
ing therefrom the names of all voters who, from any cause, shall by
law be disqualified to vote, and he shall place his initials after the
last name on each page of said books.

He shall then certify to the correctness of the copy, under oath,
before a justice of the peace, and shall deliver the said books to the
said electoral board or boards as soon as the same shall be appointed.

The said electoral board or boards may require the attendance of
any registrar, and may verify the copy of the registration books far-

nished by him; and it shall, not later than the day previous to the
proposed city or ward primary election, deliver to the judges of elec-
tion appointed for each precinct or ward a copy of the registration
book or books belonging to such precinct or ward. For making and
certifying such copy of the registration books for any precinct said
registrar shall receive the sum of five dollars, to be paid from such
fund as may be raised by such party as shall hold such city or ward
primary elections.

No person shall be allowed to vote in any city or ward primary
election unless his name shall appear properly registered in said
copy of the registration books.

9. Only such candidates for salaried office as shall receive a ma-
jority of votes cast in said city or ward primary elections shall be
considered as nominated; and should no candidate receive a ma-
jority of the votes cast for the office for which he is running the
first day of said city primary election, a second day’s primary elec-
tion shall be held in like manner to decide between the two candi-
dates for salaried offices receiving the highest number of votes at
the first day’s primary for any such office. In any ward primary
election for councilmen or delegates to conventions, the number of
candidates to which the ward is entitled who receive the highest
number of votes shall be declared nominated. In any election for
members of the executive committee of the party all such candi-
dates shall be declared elected as receive a majority of the votes cast
at such election.

10. In each precinct or ward the judges of said city or ward pri-
mary elections shall see that sufficient space is railed off or enclosed
to properly and comfortably accommodate the judges, clerks and
such persons as shall be admitted to witness the count. A table,
not more than three feet high, shall be provided, whereon the bal-
lot-box, which shall be prepared in accordance with the law relat-
ing to general elections, shall be placed, in full view of the voters.
A barricade four feet high shall be constructed in front of the vot-
ing place, so that voters can pass singly in at one end and out at
the other, and be protected from the pressure of the crowd without.

11. The said electoral board or boards shall prepare and have
printed a sufficient number of ballots for use in the said city or ward
primary elections, the same to be printed on white paper and to contain
the names of all candidates to be voted for at such city or ward pri-
mary elections. The said ballots shall be so printed that under the
heading of the office to be filled shall be placed the names of all
candidates for that office, all of which, excepting one, shall be erased
by the voter before depositing his ballot. The failure of the voter to
erase all names, excepting one, for any office shall render his ballot
void as to that office, but shall not affect the validity of the ballot as
to any other office thereon named, in connection with which the voter
may have complied with this provision: provided, however, in select-
ing nominees for members of the city councils, delegates to conven-
tions, or members of the city executive committee of the party from
any ward, it shall be lawful to leave unerased on the ballots any
number of names not exceeding the number which said ward shall
be entitled to elect; that said electoral board or boards shall, prior to
the date for holding said city or ward primary elections, see that a
sufficient number of ballots are distributed to the several precincts
or wards of the city, and are placed in the hands of representatives
of the various persons to be balloted for not later than noon of the
day preceding the primary elections.

12. The said judges and clerks, for the purpose of conducting said
city or ward primary elections, shall, before entering upon the dis-
charge of their duties as such, be sworn, as required by law for judges
and clerks of the general elections, and shall have all the rights,
powers and privileges and be subject to all the penalties prescribed
by law for judges and clerks of general elections.

13. Any person who knowingly or willfully votes or attempts to
vote at such city or ward primary elections contrary to the rules
governing the same, or who fraudulently registers for the purpose of
voting, or any voter who shall vote under an assumed name, or shall
attempt to vote more than once, or shall attempt to vote in any way
that would be illegal in a general election, or shall bribe or attempt
to bribe or induce another so to vote, or who is not a member of the
political party holding said primary elections, shall, upon convic-
tion thereof, be fined not less than one hundred dollars nor more
than three hundred dollars, and be imprisoned in the city jail not
less than thirty days and not more than twelve months.

14. At all city primary elections the polls shall be opened at each
voting place at sunrise of the day on which the election is directed
to be held, and closed at sunset of the same day; and at said ward
primary elections the polls shall be opened and closed at such hours
as shall be fixed by the said executive committee. The hours of
opening shall, however, not be earlier than seven post meridian nor
later than nine post meridian, and the hour of closing shall not be
later than midnight, though the polls shall not be closed prior to
midnight unless all qualified persons present shall have voted.

15. Ballots shall be received and the election conducted, as re-
quired by sections one hundred and twenty-three to one hundred
and twenty-seven, inclusive, of the code of eighteen hundred and
eighty-seven, relating to general elections: provided that any irregu-
larity in the copy of the registration book as to the spelling or initial
of any name may be rectified by the judges on the day of the pri-
mary, if satisfactory evidence be given to prove that it is an error.

16. As soon as the polls are closed (of which closing proclamation
shall be made by the judges fifteen minutes previous thereto), and
before the ballot-box shall be opened, there shall be admitted to each
polling precinct not exceeding five nor less than three inspectors,
who may be selected by the candidates in such manner as they, by a
two-thirds vote, may agree. Thereafter the vote shall be canvassed
and returns made as provided by sections one hundred and twenty-
nine to one hundred and thirty-two, code of eighteen hundred and
eighty-seven, relating to general elections.

17. Within three days after any city or ward primary elections,
the copies of registration books used therein shall be delivered by
the judges of each precinct or ward where the same have been used
to the clerk of the corporation court, to be retained by him, subject
to inspection by any person interested; but no book shall be with-
drawn from him excepting by the registrar of the ward or precinct
to which it belongs, for the purpose of correcting or purging it. to
make it agree with the registration book, and to be used as a copy of
the same at acity or ward primary election about to be held, as
hereinbefore provided. }

18. The members of the electoral board or boards, selected as here-
inbefore provided, shall act as commissioners at elections for said
city or ward primary elections, and shall, as such, have all the rights,
powers and privileges, and shall be subject to all the penalties pre-
scribed by law governing general elections.

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