Chap. 482.—An ACT to amend and re-enact chapter 9 of the Code of Virginia, a+
amended and re-enacted by an act of the general assembly of Virginia, approvee
May 20, 1903, entitled ‘an act to amend and re-enact chapter 9 of the Code of
Virginia of 1887, in relation to election of State, county, district, and city
oflicers, and the terms of their offices, and filling vacancies.”

Approved December 18, 1903.

1. Be it enacted by the general assembly of Virginia, That chapte:
nine of the Code of Virginia, as amended and re-enacted by an act oi
the general assembly of Virginia, approved May twentieth, ninctec.
hundred and three, entitled “an act to amend and re-enact chapter nine
of the Code of Virginia of eighteen hundred and eighty-seven, in rela-
tion to election of State, county, district, and city officers, and the tenns
of their oflices, and filling vacancies,” be amended and re-enacted so as
to read as follows:

$87. Governor, lieutenant-governor, attorney-general, secretary of
the Commonwealth, State treasurer, superintendent of public instruc-
tion, and eommissioner of agriculture; election; term of office.—The
governor, lieutenant-overnor, attorney-general, secretary of the Com-
monwealth, State treasurer, superintendent of publie 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 hut-
dred and five, and every fourth year thereafter, and shall hold ther
offices for a term of four years, to commence on the first day of Feb-
ruary next suececding 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 gen-
eral assombly next succeeding the election of a governor and lieutenant-
governor, 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 vote shall be counted, and the election determined in confermits
with the provisions of the seventeenth section of article five of the Con.
stitution.

§ 89. When offices of governor and lieutenant-governor vacant, wha te
discharge duties; how vacancies filled—When a vacancy occurs in th«
office of governor and lieutenant-governor, the duties of the oflice 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, b\
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. He 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 gen-
cral assembly be not in session at the time of such election, or be not
otherwise convened within sixty days thereafter, it shall he his duty te
convene the same within the sixty days, 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
duties.—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 by reason thereof be deprived of his right
to act and vote as a member of the senate.

§ 91. When office of attorney-general, State treasurer, sccretary of the
Commonwealth, superintendent of public instruction vacant, how filled.—
When a vacancy occurs in the office of attorney-general during the session
of the general assembly, it shall be filled by election by the joint vote of
the two houses. If such vacancy occurs when the general assembly is not
in session, the State treasurer, auditor of public accounts, and second au-
ditor, or a majority of them, shall elect an attorney-general and shall cer-
tify the fact to the governor. The person so elected shall hold office until
the end of the unexpired term, or until thirty days after the commence-
ment 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. A
vacancy in the office of secretary of the Commonwealth, State treasurer,
or superintendent of public instruction occurring during the session of
the general assembly shall be filled for the unexpired term by a joint
vote of the two houses. Should a vacancy occur in any of such offices
curing a recess of the general assembly, the governor shal] fill such va-
cancy by appointment, the appointee to hold for the unexpired term, or
until thirty days after the commencement of the next session of the gen-
eral assembly, whichever shall happen first. At such next session the gen-
eral assembly shall fill any such vacancy by an clection by the joint vote
of the two houses for the unexpired portion of the term.

§ 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 countics, at the general
election on the Tuesday after the first Monday in November, ninetecn
hundred and three, and every fourth year thereafter, and shall hold their
oflices for the term of four years, 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 circuit court of the said county.
The terms of the clerks of the county and circuit courts now in office, or
their successors, shall continue 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 ex-officio clerks of the cir-
cuit courts of said counties, and the clerks of all the other county courts
of the State, except the counties of Accomac, Augusta, Bedford, Camp-
bell, Elizabeth City, Fairfax, Lee, Loudoun, Henrico, Rockingham, Nan-
semond, 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: pro-
vided, 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 eleven, and every eight years thereafter.
In the counties of Accomac, Augusta, Bedford, Campbell, Elizabeth City,
Fairfax, Lee, Loudoun, Hanover, Henrico, Rockingham, Nansemond,
Southampton, Pittsylvania, 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 November, nineteen hun-
dred and three, and every eight years thereafter, 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.

§ 94. Voters of cities not to vote for county officers—Nothing con-
tyined in the two preceding sections shall be construed to authorize the
voters of any city, living within the corporate limits thereof, to vote at
any election held for treasurer, Commonwealth’s attorney, sheriff, clerk,
or any commissioner of the revenue for the county in which the said city
is located, or is a part.

§ 95. Surveyors and superintendents of the poor; how appointed ; term
of office.—Each county judge, upon the recommendation of the board
of supervisors of each county in which he holds his court shall, between
the passage of this act and the first of January, nineteen hundred and
four, and every circuit judge in the month of November, nineteen hun-
dred and seven, and every fourth year thereafter, shall, upon like recom-
mendation, 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 supervisors 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
appointment, in term or vacation.

No recommendation made by the board of supervisors shall be rejected
by the judge, except for reasons entered of record. Said officers shall
enter upon the duties of their offices on the first day of January next
succeeding their appointment, and shall hold their offices for the term of
four years.

$96. When district officers to be elected; term of office—In each
rnagisterial 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.

§ 96a. In those counties now having a special road law, whose officers
were elected by the people for the term of two years, the term of road com-
missioner, road director, and any other district officer is hereby extended
tor the further period of two years from the expiration of the term to
which they were last elected. After the expiration of said extended pe-
riod the regular term to which all such district road officers shall be
elected shall be four years.

§ 97. Additional justices and constables provided for.—Whenever a cir-
cuit court shall be of opinion that the public service requires a greater num-
ber of justices or constables in any district than those specified in section
ninety-six, 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 addi-
tional officers shall be elected in the mode prescribed for the election of
district officers, and continue to be elected at each succecding general
election of district officers until otherwise ordered by the court. And it
shall be lawful for the said court to appoint officers to serve until such
additional officers are elected and qualified. Such officers, whether
elected or appointed, shall qualify and give bond as prescribed for dis-
trict officers. The said court may, in its discretion, revoke the order re-
quiring such additional officers, such revocation to take effect at the ex-
piration 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 begin on the
first day of September succeeding his election, and continue for four
years thereafter. On the Tuesday after the first Monday in November,
nineteen hundred and five, and every four years thereafter the qualified
voters of each of the cities of this Commonwealth shall elect a city ser-
geant, a commissioner of the revenue, an attorney for the Common-
wealth, a city treasurer, and all other city officers elective by such quali-
fied voters, whose election is not otherwise provided for by law, whose
terms of office shall begin on the first day of January next succeeding
their election, and continue for four years thereafter. In cach city which
has a court in whose office deeds are admitted to record, except the cities
of Bristol, Radford, and Buena Vista, there shall be elected by the qualified
voters on "Tuesday after first Monday i in November, nineteen hundred and
five, and every cight years thereafter, a clerk of such court, to be called
the clerk of the corporation or hustings court, whose term of office shail
begin on the first of February of the second year after such election, and
shall continue thereafter for eight years; and in the city of Richmond
there shall be elected also at the samc times and for the same terms a clerk
of the chancery court and a clerk of the law and equity court of the city
of Richmond, whose terms of office shall begin on the first dav of Feb.
ruary of the second year after such election.

In cities having a population of thirty thousand or more there shall
be elected by the qualified voters a separate clerk of the circuit court o!
such city on Tuesday after the first Monday in November, nineteen hun-
dred and three, and every eight years thereafter, whose term of office shall
begin on the first day of January, succeeding this election, and continue
thereafter for eight years: provided, that the terms of such clerks firs:
elected under this section shall begin on the first day of February, nine-
teen hundred and four, and shall expire on the first day of January, nine-
teen hundred and twelve: provided, that the present terms of clerks 0!
city courts not herein otherwise expressly provided shall continue until
the first day of February, nineteen hundred and four.

In the cities of Radford, Bristol, and Buena Vista there shall be electal
by the qualified voters on Tuesday after the first Monday in November.
nineteen hundred and three, and every eight years thereafter, unless such
courts are sooner abolished, a clerk of such city court, to be called the
clerk of the corporation court, whose term of office shall begin on the fir:
day of February following his election, and continue for eight years there-
after, unless the said courts shall be sooner abolished.

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 provided
for by law, an clection to such office may be had at the general 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
conduct of elections and the determination of the results thereof, shall
render 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 mavor:
and councils of cities shall begin on the first day of September succeeding
their clection. They shall continue to discharge the duties of their re
spective offices until their successors shall have qualified.

$103. When term of officer elected to fill vacancy commences and et-
pires.—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 be-
gin and end.—-Any person appointed a justice or constable under the pro-
visions of section ninety-seven, or to fill a vacancy in any public office,
shall enter upon the duties thereof as soon as he shall have qualified, and
continue to discharge the same until the person chosen to fill the office
has qualified.

$105. To whom writs of election directed —A 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 con-
gress, to the sheriffs and sergeants of the respective counties and corpora-
tions 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, city, town, or district office, the
same shall be filled by the court of the county or city in which it occurs,
or the judge thereof in vacation: provided, however, that if such vacancy
occurs in any officer of a city or town as to filling which vacancy there is
no provision in the charter or ordinances of such city or town, and which
has no corporation or hustings court, the same shall be filled by the
court of the county in which said city or town 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 cir-
cuit court thereof; and when in the office of corporation or hustings
court clerk, or attorney for the Commonwealth for a city, by the corpora-
tion or hustings court of such city, or the judge thereof in vacation. The
term of office of any person appointed under this section shall commence
as soon as he shall qualify and continue for the unexpired term of such
office: provided, further, when a vacancy occurs in a city or town 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 appointment
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 va-
cation, shall be certified by the judge making the same to the clerk of his
court, to be entered as a vacation order.

§ 108. Appointees 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 before
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 re-
turned and recorded as provided by law.

2. All sections of the said chapter not contained in this act are hereby
repealed.

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