Chap. 398.—An ACT to legaiize the primary elections in the county of Henrico.

Approved February 20, 1896.

1. Be it enacted by the general assembly of Virginia, That it shall
be lawful for any political party in the county of Henrico, in this
state, previous to any general election held for the purpose of elect-
ing any state, county, or federal] officers, should it desire through its
local county committee so to do, to hold a primary election for the
nomination of candidates for the offices to be voted for at the said
ensuing general election, or for delegates to county, senatorial, con-
gressional, or state convention, or members of the county committee
of such party upon such rules and regulations not inconsistent with
this act as may be prescribed by the local county committee of such
party; provided, however, that for spring elections such primary
election be held on the first Thursday in April, and for fall elections
on the first Thursday in September of each year; and provided,
further, that the expense of conducting the said primary election be
borne by the party conducting or holding the same.

2. The local county committee of said party shall determine the
rules and regulations upon which such primary election shall be
held, except that it shall be their duty to incorporate in said rules
and regulations the provision that no one shall approach the voting
place nearer than forty feet except the voter engaged in the act of
depositing his ballot, and he shall not remain within the reserved
space of forty feet longer than the time required to deposit his ballot,
but in case of a challenge the challenger and witnesses may approach
the voting place with the voter, and after so challenging immedi-
ately retire from within the reserved space of forty feet, which said
rules and regulations they shall have posted at the front door of the
county courthouse at least ten days previous to the holding of such
primary election, and a printed copy of such rules and regulations
shall be served upon the candidates whose names have been handed
in to the chairman of the said local county committee to be voted
for at such primary election, and upon the person who shall conduct
the same at the time of their appointment, and shall also be posted
at the voting place for the holding of such primary election at least
ten days previous to holding the same.

3. The local county committee of said party may also raise the
necessary amount to defray the expense of such primary elections by
voluntary subscriptions frum the public or by assessing the same in
an equitable manner against the candidates whose names are to be
submitted to such primary elections, and no candidate’s name shall
be printed on any ballot until he shall have paid the amount assessed
against him.

4, The chairman of the local county committee of said party shall
call a meeting of the candidates who have paid the amount assessed
against them fifteen days, or fourteen days if the fifteenth day falls
upon Sunday, before the said primary election is appointed to be
held, and shall on that day close the list for the candidates to be
voted for at the said primary election, and the said candidates shall
each give to the said chairman the names of three voters, not
directly benefited by the result of such primary election, of each
precinct in the county (the same names may be furnished by more
than one candidate), and said names shall be listed by precincts and
said lists handed to the judge of the county court by said chairman,
from which names the said judge shall select three persons to con-
duct said primary election at their several precincts, any of whom
may act as judge or clerks of election as they may decide, and each
to have equal voice in the matter of deciding all questions that may
arise in the conduct of such election, and the compensation of each
shall be two dollars for their services in conducting said election and
making the returns to the local county committee as may be required
by the rules and regulations upon which such primary election is
held. The persons so appointed to conduct such primary election,
before entering upon the discharge of their duties, shall take and
subscribe the following oath:

I, A. B. C., appointed to conduct the primary election to be held
by party, do solemnly swear (or affirm) that I will perform
the duties devolving upon me in conducting the said primary elec-
tion according to the rules and regulations prescribed by the local
county committee of said party to the best of my ability, and
that I will studiously endeavor to prevent fraud, deceit and abuse in
conducting this election. So help me God.

If there is no one present authorized to administer oaths the persons
appointed to conduct the election may administer to each other the
oath above provided.

5. The persons so appointed for the purpose of conducting the
said primary election shall have the rights, powers and privileges,
and be subject to all the penalties of judges of the general election.

6. It shall be the duty of the chairman of the local county com-
mittee, within five days of such primary election to cause to be
printed a number of ballots equal to twice the number of votes
usually polled by the party holding the said primary election. These
ballots shall contain the names of all candidates who have paid the
amount assessed against them as such, printed in black ink, imme-
diately below the office for which they have so announced their can-
didacy and in alphabetical order, and a distinguishing mark desig-
nating them as official ballots to be furnished by said chairman, and
of the said ballots they shall make as many sealed packages as there
are voting places in the county, one for each precinct, which packages
shall contain, at least twice as many ballots as there are votes usually

polled at such precinct by the party holding such primary election,
and upon each of said sealed packages there shall be endorsed the
name of said precinct for which it is intended and the number of
ballots therein contained. The said packages shall remain in the
possession of the secretary of the local county committee until
delivered by him to one of the persons appointed to conduct such
primary election at the several precincts, and when the said sealed
packages are delivered to one of the persons appointed he shall take
a receipt, which shall state that the seals appear to be untampered
with, which said sealed packages of official ballots shall be delivered
by said secretary of the local county committee not later than the
noon of the day preceding such primary election, and for said service
he shall receive the sum of fifteen dollars, to be paid out of the funds
provided for conducting such primary election. The printer shall
print the number of ballots required by the chairman of the local
county committee, and in case more are printed he shall at once des-
troy those in excess of the number required to be printed. Any
member of the local county committee, the printer who shall print
the official ballot, or any person or persons who shall print or cause
to be printed a duplicate thereof, any person appointed to conduct
such primary election, or any other person who shall give or sell to
any person whatsoever, except where provided for in this act, any
official ballot, or any copy or any fac simile of the same, or any
information about the same, or shall counterfeit or shall attempt to
counterfeit the same, or willfully and corruptly failing to perform
the duties of this section, or intentionally violating any of fhe pro-
visions of this section, or opening any sealed package except as
specially provided for in this act, shall be deemed guilty of a mis-
demeanor, and shall be punished with a fine of not less than fifty
dollars nor more than two hundred dollars, and be imprisoned not
less than ten days nor more than three months in jail.

7. The said sealed package of ballots at the opening of the polls
shall be opened in the presence of the three persons appointed to
conduct such primary election, after they shall have taken and sub-
scrihed to the oath herein provided.

8. Any voter unable to read the ballot may select some one to
prepare the same, and said ballot shall be prepared within the
reserved space of forty feet, at a point to be designated by the con-
ductors of such primary election, and the voting may continue while
such ballot is being prepared. Any voter physically unable to walk
to the voting place may be conveyed thither and left in the care of
the persons conducting the said primary election until they shall
have received and deposited his ballot, when he shall be removed
by the person or persons who carried him thither. If either of the
three persons conducting such primary election disclose the name
of any candidate or candidates voted for by the votes, or voters
whose ballots they shall have prepared under the authority given
by this section, he shall be subject to the same penalties provided
for the violation of section six of this act, and the same penalties
shall also applv for the violation of section seven of this act.

9. Should either of the persons appointed to conduct such primary
elections fail to attend at any voting place for one hour after the
time prescribed in this act for opening the polls, it shall be lawful
for the person or persons appointed and in attendance to select from
among the bystanders one or more persons, as may be necessary,
who shall act as conductors of such primary election; provided,
however, that if the person or persons appointed to conduct such
primary election present have information that the absent person or
persons appointed to conduct such primary election will not attend,
he or they need not wait for the expiration of one hour or any time.
Should all the persons appointed to conduct such primary election
fail to attend, their places may be filled as provided for in section
one hundred and seventeen of the code of eighteen hundred and
eighty-seven.

10. At all primary elections the polls shall be opened and closed
at each precinct at the hour named in the rules and regulations of
the local county committee for the holding of such primary election,
and as svon as the polls are closed, of which proclamation shall be
made by the persons conducting such primary elections fifteen min-
utes previous thereto, and before the ballot-box shall be opened there
shall be admitted to each polling precinct not exceeding three nor
less than two inspectors, who may be selected by the candidates in
such manner as they may agree. Thereafter the vote shall be can-
vassed as provided by section one hundred and twenty-nine of the
code of eighteen hundred and eighty-seven, and returns made to the
local county committee as they may provide in the rules and regula-
tions under which such primary is conducted.

11. The ballot-boxes, poll-books, and other necessary material for
conducting such primary election shall be provided by the local
county committee.

12. Any person who knowingly or willfully votes, or attempts to
vote, at such primary election contrary to the rules and regulations
governing same, or who fraudulently registers for the purpose of
voting, or any voter who shall vote under an assumed name, or sha!]
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 to vote illegally, or shall receive any
money, goods, or chattels for his vote, or any candidate who shall
give to any voter any money, goods, or chattels for his vote, or any
person who is not a member of the political party holding such pri-
mary election, shall, upon conviction thereof, be fined not less than
twenty-five dollars nor more than three hundred dollars, and be
imprisoned in the county jail not less than thirty days nor more
than twelve months, and the person bribing or attempting to bribe,
or receiving ‘a bribe, shall, in addition to the penalty imposed by
this section, be forever disfranchised from the exercise of his elec-
tion privilege.

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