Chap. 294.—An ACT to amend and re-enact chapter 9 of the Code of Virginia of
1887 in relation to elections of State, county, district, and city officers, and the
terms of their offices, and filling vacancies.

Approved May 20, 1903.

Be it enacted by the general assembly of Virginia, That chapter nine
of Code of Virginia be amended and re-enacted so as to read as follows:

CHAPTER IX.

$ 87. Governor, lieutenant-governor, attorney-general, secretary of the
Commonwealth, State treasurer, superintendent of public instruction,
and commissioner of agriculture; election ; term of office.

The governor, lieutenant-governor, attorney-general, secretary of the
Commonwealth, State treasurer, superintendent of public instruction,
and commissioner of agriculture shall be chosen by the qualified voters of
the Commonwealth, at the general election to be held on the Tuesday
after the first Monday in November, of the year one thousand nine hun-
dred and five, and every fourth year thereafter, and shall hold their offices
for a term of four years; to commence on the first day of February next
succeeding their election.

§ 88. Returns; how votes counted and election determined.—The sec-
retary of the Commonwealth, on the first day of the session of the general
assembly next succeeding the election of a governor and lieutenant-gov-
ernor, shall deliver the returns of such election to the speaker of the house
of delegates, who shall, within one week thereafter, in the presence of a
majority of the senate and house of delegates, open said returns, and the
votes shall be counted, and the election determined in conformity with the
provisions of the seventcenth section of article five of the Constitution.

§ 89. When offices of governor and lieutenant-governor vacant, who to
discharge dutics; how vacancies filled—When a vacancy occurs in the
office of governor and licutenant-governor, the duties of the office of gov-
ernor shall be discharged by the president pro tempore of the senate, until
a governor is elected and qualified; or if the senate be not in session, by
the person who was president pro tempore at the close of the next pre-
ceding session. While so discharging the duties of the office of governor,
such person shall not act as president pro tempore of the senate, nor vote
as a member thereof. Ife shall, within five days after such vacancy oc-
curs, issue writs of election for the unexpired terms of the said officers, to
be held within sixty days from the issuing of such writs. If the general
assembly be not in session at the time of such election, or be not otherwise
convened within sixty days thereafter, it shall be his duty to convene the
same within the sixty davs, in order that the vote may be counted in the
mode prescribed by the Constitution.

$90. When office of lieutenant-governor vacant, who to discharge du-
ties —When a vacancy occurs in the office of lieutenant-governor only,
the duties of that office shall be discharged by the president pro tempore
of the senate, but he shall not hy reason thereof be deprived of his right
to act and vote as a member of the senate.
§ 91. When office of attorney-genera] vacant, how filled—When a va-
cancy occurs in the office of attorney-general during the session of the
general assembly, it shall be filled by the joint vote of the two houses. If
such vacancy occurs when the general assembly is not in session, the
treasurer, auditor of public accounts, and second auditor, or a majority
of them, shall elect an attorney-general, and shall certify the fact to the
governor. The person so elected shall hold the office until the end of the
unexpired term, or until thirty days after the commencement of the next
session of the general assembly, whichever may happen first. At such
next session an attorney-general shall be elected by the joint vote of the
two houses for such part of the term as has not expired.

$92. Sheriffs, attorneys for the Commonwealth, commissioners, and
treasurers, when elected ; term of office.—Sheriffs, attorneys for the Com-
monwealth, commissioners of the revenue, and county treasurers, shall be
chosen by the qualified voters of the respective counties, at the general
election on the Tucsday after the first Monday in November, nineteen
hundred and three, and every fourth year thereafter, and shall hold their
offices for the term of four vears, from the first day of January next suc-
ceeding their election.

§ 93. Clerks of courts, when elected; term of office; when clerk
of county court to be clerk of circuit court—In every county
there shall be a county clerk, who shall be clerk of the cir-
cuit court of the said county. The terms of the clerks of the
county and circuit courts now in office, or their successors, shall con-
tinue until the first day of February, nineteen hundred and four; and
thereupon the several clerks of the county courts in those counties in
which such clerks are now ey-officio clerks of the circuit courts of said
counties, and the clerks of all the other county courts of the State, ex-
cept the counties of Accomac, Augusta, Bedford, Campbell, Elizabeth
City, Fairfax, Lee, Loudoun, Hanover, Henrico, Rockingham, Nanse-
mond, Southampton, Pittsylvania, Nelson, and Fauquier, shall be and
become the county clerks of their respective counties, and as such the
clerks of the circuit courts created therefor by the Constitution, and shall
hold office as such until the first day of January, nineteen hundred and
six, unless sooner removed, and their successors shall be elected on Tues-
day after the first Monday in November, nineteen hundred and five:
provided, that the first term of the clerks so elected be for six years,
and their successors shall be chosen on the Tuesday after the first
Monday in November, nineteen hundred and cleven, and every eight
years thereafter. In the counties of Accomac, Augusta, Bedford, Camp-
bell, Elizabeth City, Fairfax, Lee, Loudoun, Hanover, Henrico, Rocking-
ham, Nansemond, Southampton, Pittsvlvania, Nelson, and Fauquier,
in which there are now separate clerks for the county and circuit courts
thereof, there shall be elected on Tuesday after the first Monday in No-
vember, nineteen hundred and three, and every eight vears there-
after, county clerks for such counties: provided. however, that the
terms of office of all county clerks chosen at the first election held under
this section shall expire on the first day of January, nineteen hundred

and twelve.
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§ 94. Surveyors and superintendents of the poor; how appointed ;
term of office—Each circuit court judge, upon the recommendation
of the board of supervisors of each county in which he holds his court,
shall, at the first term of his court, after February first, in the year
nineteen hundred and four, and every fourth year thereafter, appoint
for each county in which he holds his court one county surveyor and
one superintendent of the poor: provided, that such judge may, if he
think proper, reject the recommendation, and unless the board of su-
pervisors recommend other persons suitable, in his opinion, for said
offices, within thirty days after their first recommendation has been
rejected, he shall fill the said offices, or either of them, by his own ap-
pointment in term or vacation.

No recommendation made by the board of supervisors shall be re-
jected by the judge except for reasons entered of record.

§ 96. When district officers to be elected; term of office—In each
magisterial district there shall be chosen by the qualified voters thereof
at the general election, to be held on Tuesday after the first Monday
in November, in the year nineteen hundred and three, and every four
years thereafter, one supervisor, one constable, three justices, and one
overseer of the poor, who shall hold their respective offices for the term
of four years.

§ 97. Additional justices and constables provided for—Whenever a
county or circuit court shall be of opinion that the public service re-
quires a greater number of justices or constables in any district than
those specified in the Constitution, and shall so enter of record and
designate the number of such additional officers, notice thereof shall
be published in such district, and at the next succeeding general election
for district officers such additional officers shall be elected in the mode
prescribed for the election of district officers, and continue to be elected
at each succeeding general election of district officers until otherwise
ordered by the court. And it shall be lawful for the said court to ap-
point officers to serve until such additional officers are elected and quali-
fied. Such officers, whether elected or appointed, shall qualify and give
bond as prescribed for district officers. The said court may, in its dis-
cretion, revoke the order requiring such additional officers, such revoca-
tion to take effect at the expiration of the terms of such officers.

§ 98. Providing for officers of cities; their election and terms of of-
fice-—In each city of this Commonwealth there shall be elected by the
qualified voters thereof, on the second Tuesday in June, nineteen hun-
dred and four, and every four years thereafter, a mayor, who shall
be the chief executive officer of such city, whose term of office shall be-
gin on the first day of September succeeding his election, and continue
for four years thereafter, on the Tuesday after the first Monday in No-
vember, nineteen hundred and five, and every four years thereafter the
qualified voters of each of the cities of this Commonwealth shall elect
a city sergeant, a commissioner of the revenue, an attorney for the
Commonwealth, and a city treasurer, whose terms of office shall begin
on the first day of January next succeeding their election, and continue
for four years thereafter. Jn each city which has a court, in whose
office deeds are admitted to record, there shall be clected by the quali-
fied voters on the Tuesday after the first Monday in November, nine-
teen hundred and five, and every eight years thereafter, a clerk of such
court, to be called the clerk of the corporation or hustings court, whose
term of office shall begin on the first day of January, nineteen hundred
and seven, and continue thereafter for eight years; and in cities hav-
ing a population of thirty thousand or more, and having a circuit
court, there shall be elected at the same time, and for the same term,
a separate clerk for such circuit court; and in the city of Richmond
there shall also be elected at the same time, and for the same term, a
elerk of the chancery court, and a clerk of the law and equity court for
the city of Richmond. All provisions of any city charter in conflict with
this section are hereby repealed.

$100. When election held to fill vacancy.—In case the election to
any public office required to be filled by the qualified voters of any
county, corporation, magisterial district, or ward, shall not be specially

rovided for by law, an election to such office may be had at the gen-
ral election held next before the time provided for the term of such
office to commence.

§ 101. How election for free school purposes held and results deter-
mined.—All officers who, under the general laws,are charged with the con-
duct of elections and the determination of the results thereof, shall ren-
der official service in the matter of votes ordered for public free school
purposes, under such regulations as shall be prescribed by the board
of education. But all elections for public free school purposes shall be
held, after notice thereof given according to section one hundred and
fifteen.

§ 102. When officers to enter upon their duties.—All State, county,
district, and city officers chosen at a general election shall, unless other-
wise provided, enter upon the duties of their respective offices on the
first day of January next thereafter, except that the terms of office
of mayors and councils of cities shall begin on the first dav of Septem-
ber succeeding their election. Thev shall continue to discharge the
duties of their respective offices until their successors shall have quali-
fied.

§ 103. When term of officer elected to fill vacancy commences and ex-
piree.—The term of office of any person chosen at a special election to fill
a vacancy in any public office shall commence as soon as he shall qualify
and give bond, and continue for the unexpired term of such office.

$104. When duties of officers appointed under section ninety-seven
begin and end.—Any person appointed a justice or constable under the
provisions of section ninety-seven, or to fill a vacancy in any public of-
fice, shall enter upon the duties thereof as soon as he shall have quali-
fied, and continue to discharge the same until the person chosen to
fill the office has qualified.

§ 105. To whom writs of election directed.—aA writ of election shall
be directed to the sheriff of the county or sergeant of the corporation
for which the election is to be held; or if the election is to be held for
an election district, or to fill a vacancy in the general assembly or in
congress, to the sheriffs and sergeants of the respective counties and cor-
porations which, or any part of which, are included in the district.

§ 106. By whom and when issued; how vacancies temporarily filled.—
When a vacancy occurs in any county, corporation, or district office, the
same shal] be filied by the court of the county or corporation in which
it occurs, or the judge thereof in vacation: provided, however, that if
such vacancy occurs in any office of a corporation as to filling which
vacancy there is no provision in the charter or ordinances of such cor-
poration, and which has no corporation or hustings court, the same
shall be filled by the court of the county in which said corporation is
situated, or by the judge thereof in vacation; when in the office of clerk
of a county, by such court, or the judge thereof in vacation; when in the
office of clerk of the chancery court of the city of Richmond, by the
said court, or the judge thereof in vacation ; when in the office of sheriff of
said city, by the circuit court thereof; and when in the office of corporation
or hustings court clerk, or attorney for the Commonwealth for a city,
by the corporation or hustings court of such city, or the judge thereof
in vacation. The term of office of any person appointed under this sec*
tion shall commence as soon as he shall qualify and continue for the un-
expired term of such office: provided, further, when a vacancy occurs in
a corporation office, and the charter of such corporation prescribes the
mode of filling such vacancy, the vacancy shall be filled in the mode
so prescribed.

§ 107. Vacancy may be filled by judge in vacation—Any appoint-
ment authorized by the preceding section to be made by a court may
be made by the judge thereof in vacation; and the appointment, when
made in vacation, shall be certified by the judge making the same to
the clerk of his court, to be entered as a vacation order.

§ 108. Appointecs to qualify and give bond in thirty days.—All offi-
cers, appointed under the two preceding sections to fill vacancies shall,
within thirty days after their appointment, qualify and give bond be-
fore the court or judge making the appointment, and if before the judge
in vacation, he shall certify the fact, and the certificate and bond shall

be returned and recorded as provided by law.