Chap. 968.—An ACT amending and re-enacting sections 1, 2, 3, 4 and 12 of chap-
ter 398, acts of assembly 1895-96, approved February 20, 1896, to legalize pri-
mary elections in Henrico county.

Approved March 4, 1898.

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, pre-
vious to any ceneral election held for the purpose of electing any state,
county, or tederal officers, should it desire through its local county com-
inittee so to do, to hold a primary eleetion for the nomination of candi-
dates for the oflices to be voted for at the said ensuing general election,
or for delegates to county, senatorial, congressional, or state convention,
or members of the county committee of such party, upon such rules and
resulations not inconsistent with this act as may be prescribed by the
local county conunittee of such party: provided, however, that for spring
elections such primary election be held on the first Thursday in April,
and for fall elections, ercept senatorial and congressional, on the first Thurs-
day in September of each year: and provided, further, that the expenses
of conducting the said primary election be borne by the party conduct-
ing or holding the same.

2. The local county committee of said party shall determine the rules
and reculations 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
fect 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 vader the penalty of a fine of fire dollars
or ten days’ dniprisonment jad. Incase of a challenge the challenger
and witnesses may approach the voting place with the voter, and after
so challenging immediately 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 recula-
tions 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 neces-
sary amount to defray the expense of such primary elections by volun-
tary subscriptions from the public or by assessing the same in an equit-
able manner against the candidates whose names are to be submitted to
such primary elections, and said names shall be submitted to the said chair-
man twenty days before said primary election, and no candidate's name
shall be printed on any ballot until he shall have paid the amount as-
sessed 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 Sun-
day before the said primary election is appointed to be held, and shall
on that day, at tirelre o'clock noon, close the list for the candidates to be
voted for at the said primary clection, and the said candidates shall each
give to the county judge, and in case of his absence to the circuit judge
of said county, 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, from which names the said judge shall select
three persons to conduct said primary election at their several precinets,
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 enter-
ing upon the discharge of their duties, shall take and subscribe the fol-
lowing 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 du-
ties devolving upon me in conducting the said primary election accord-
ing to the rules and regulations prescr ribed 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 adniinister 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 ge meral election.

6. It shall be the duty of the chairman of the local county committee,
within five days of such primary election, to cause to be printed a num-
ber 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, immediately below the office for which
they have so announced their candidacy and in alphabetical order, and
a distinguishing mark designating them as official ballots to be furnished
by said chairman: and of the said ballots they shall makeas many sealed
packazes 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 gach ofysaid sealed packages there shall be endorsed
the name of said precinct for which it is intended and the number o
ballots therein contained. The said packages shall remain in the posses
sion of the secretary of the local county committee until delivered by
him to one of the persons appointed to conduct such primary election a
the several precincts, and when the said sealed packages are delivered tc
one of the persons appointed, he shall take a receipt, which shall state
that the seals appear to be untampered with, which said sealed package:
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 elec.
tion. 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 destroy 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 tc
be printed a duplicate thereof, any person appointed to conduct such
primary election, or any other person who shall give or sell to any per-
son 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
wilfully and corruptly failing to perform the duties of this section, or
intentionally violating any of the provisions of this section, or opening
any sealed package except as specially provided for in this act, shall be
deemed guilty of a misdemeanor, 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 subscribed 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 conductors of such primary
election, and the voting may continue while such ballot is being pre-
pared. 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 voter
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 apply for the violation of section seven of this act.

J. 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 per-
son 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 per-
son 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 expi-
ration 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
elghteen 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 soon
as the polls are closed, of which proclamation shall be made by the per-
sons conducting such primary elections fifteen minutes 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 he selected by the candidates in such manner as they may
agree. ‘Thereafter the vote shall be canvassed 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 pro-
vide in the rules and regulations under which such primary is con-
ducted.

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

12. Any person who knowingly or wilfully votes, or attempts to vote,
at such primary election contrary to the rules and regulations governing
saine, 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 ille-
gal ina general election, or shall bribe or attempt to bribe or induce an-
other to vote illegally, or shall receive any money, goods, or chattels for
his vote, orany candidate who shall give toany voter any money, goods
or chattels for his vote, or any judge of election who shall furnish to any
voter more than one ballot, except in exchange for a deficient ballot, returned by
said voter, shall, upon conviction thereof, be fined not less than fire dol-
Jars nor more than ten dollars, or be imprisoned in the county jail not
Jess than fen days nor more than thirty days, 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
election privilege.

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