Chap. 832.—An ACT to amend and re-enact section 117 of the code of Virginia,
with reference to how judges of election appointed, failing to attend, who to
act.

Approved March 3, 1898.

1. Be it enacted by the gencral assembly of Virginia, That section one
hundred and seventeen of the code of Virginia be amended and re-
enacte “1 so as to read as follows:

; 117. How judges of election appointed, failing to attend, who to act.
It shall be the duty of the electoral board of each city and county,
elected at the present session of the general assembly, on or after the
first day of June, eighteen hundred and ninety-eight, and on or after
the first day of June in each year thereafter, to appoint three competent
citizens, being qualified voters, who shall constitute the judges of elec-
tion for all elections to be held in their respective election districts for
the term of one year dating from their appointment or until their suc-
cessors are appointed, and who shall have power to appoint two clirks
for each place of voting at such election, to whom shall be administered
by the judges, or either of them, or by the officer sw earing the judges,
the same oath as that taken by the said judges. Whenever it is possible
to do so the persons so appointed judges of election shall be chosen for

each voting-place from persons known to belong to different political
parties, each one of whom shall be able to read and write. The mem-
bers of any electoral board who shall willfully fail to comply with this
requirement shall be deemed guilty of a misdemeanor, and on convic-
tion thereof shall be fined not less than one hundred nor more than five
hundred dollars; but no election shall be deemed invalid when the judges
shall not belong to different political parties, or who shall not possess the
above qualifications. Should any judge of election fail to attend at any
place of voting for one hour after the time prescribed by law for open-
ing 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 qualification 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 other time. 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 for opening the polls at such election, it shall be the
duty of any justice of the district in which the election is held, who shall
be applied to for that purpose, or the mayor, if the eleetion is in any
election district ina town or city, to appoint three judges of election for
such election district, who shall possess the same qualitications and have
the same powers as judges appointed by an electoral board. Should no
judges of election be appointed for any county, city, or place of voting
therein, or if appointed, they neglect or refuse to act forone hour after
the time prescribed by law for opening the polls at such election, it shall
be lawful for any three qualified voters of the district, who shall be pres-
ent and willing to act, upon taking the oath prescribed for judges of elec-
tion, to proceed to hold, conduct, and certify the election in the manner
provided i in this chapter, and for that purpose shall have all the powers
and authority of judges appointed by an electoral board.

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