Chap. 328.—An ACT to provide for contesting local option elections.
Approved November 28, 1903.

1. Be it enacted by the general assembly of Virginia, That returns in
local option elections shall be subject. to the inquiry, determination, and
judgment of the circuit court of the county or corporation or husting:
court of the city or town wherein the election was held, upon complaint
of fifteen or more qualified voters of such county, corporation, or district
of an undue election or false return. The complaint shall fully set. out
the grounds of contest, and if any voles were improperly received or re-
jected, shall give a list of said votes, with objections to the action of the
judges of election in receiving or rejecting the same. Two of the per-
sons making the complaint shall take and subscribe an oath that the facts
therein stated are true to the best of their knowledge and belief.
The complaint shall be filed in the office of the clerk of the circuit court
of the county, and of the clerk of the corporation or hustings court of
the city or town in which such election is held.

Notice of contest, stating that the complaint has been filed in the clerk’s
office, shall be given by posting the same at the courthouse door and at
two or more public places in said county, district, city, or town, as the
case may be, and by publishing it once a week for two successive weeks
in some newspaper published in said county, city, or town, or if there be
none so published, then in some newspaper having circulation in said
county, district, city, or town. If it is desired to take depositions, the
time and place of taking the same shall be stated in said notice, which
shall entitle the parties giving the same to take the depositions to be read
as evidence in said contest.

Said complaint shall be filed and notice given within ten days after
the election, otherwise the complaint shall not be valid.

Any one or more persons who voted at such local option election may,
within thirty days from the said election, file in said clerk’s office an an-
swer to said complaint, in which any of the allegations of the same may
be denied, and any statement made going to show the regularity of said
election and the propriety of the action of the judges of election in re-
ceiving or rejecting the votes set out in said complaint, and a list of the
votes he or they will dispute. And if said respondents desire to take depo-
sitions, notice thereof shall be given to any one or more of the persons
signing said complaint.

If no answer is filed to the complaint within thirty days from the elec-
tion, no one shall be heard to deny the allegations of the complaint, but
the persons making the same shall prove the allegations thereof to the
satisfaction of the court.

The circuit court of. the county, or the corporation or hustings court
of the corporation, in which the election is held, at the next term after
the expiration of thirtv days from said election, shall proceed to pass
upon said complaint without a jury, on such depositions as may have been
taken under the notices aforesaid, and upon such other legal testimony
as may be adduced by either party at the hearing of the case.

In judging of such election and return, the court shall proceed on the
merits thereof, and decide the same on the Constitution and laws, and
according to the right of the case, and enter such order as will carry its
decision into full and complete effect. And the judgment of said court
shall be final.

When the complaint is answered, costs shall be given in favor of the
parties substantially prevailing.

2. This act shall be in force from its passage.
546 ACTS OF ASSEMBLY.