Chap. 587.—An ACT to amend and re-enact chapter 10 of the Code
in reference to general and special elections; when and where to be
lations for their conduct and government; compensation for service

Approved January 11, 1904.

1. Be it enacted by the general assembly of Virginia, That «
of the Code of Virginia, in reference to general and gpecial
when and where to be held; regulations for their conduct and go
ment, compensation for services in election, be amended and re-en:
so as to read as follows:

§ 109. General elections; when held—There shall be held throug
the State, on the Tuesday after the first Monday in November ir
counties and cities and on Tuesday after the first Monday in Jum
the cities and towns, general elections for all officers required to be cl
at such elections, respectively.

§ 110. Special elections; what, and when held.—Special elections
be deemed to be such as are held in pursuance of a special law, and
such as are held to supply vacancies in any office, whether the san
filled by the qualified voters of the State or of any county, corpors
imagisterial district, or ward, and the same may be held at such tir
may be designated by such special law or the proper officer duly a
rized to order such elections.

§ 111. Elections; where held.—Polls shall be opened at each pla
voting prescribed by law in all counties, corporations, and elcctior
tricts in which officers are to be elected by the people.

§ 112. Election districts; how constituted—Each magisterial di
cf a county, and each ward of a city, shall severally constitute an
tion district, unless such magisterial district or ward be divided
more election districts than one, and the elections therein shall be
at such place or places as may be designated by the proper autho
appointed by law for that purpose. The election districts and v
places as now constituted shall so continue unless and until chang
hereinafter provided.

§ 113. How number increased or diminished, or boundaries alter
Upon the petition of twenty qualified voters of a magisterial distri
a county, the circuit court of such county may, in its discretion, alte
boundaries of any election district therein, and rearrange, increas
diminish the number thereof, and it may change the voting plac
establish others therein, not to exceed, however, one voting place for
election district. When an order is entered under this section rear
ing, increasing, or diminishing the number of election districts
magisterial district, it shall be the duty of the court in its order to «
nate such new election district or districts by proper and well-d
boundaries. A copy of the order shall be posted, without delay, ¢
courthouse of the county, also at each new voting place established
at any former voting place which may be affected by the change’
vided, that no change shall be made in any of the said boundaries o
ing places within thirty days next preceding any general clectior
until notice shall have been posted for thirty days at the front dc
the courthouse and at each voting place in each election district
affected by the said change.

§ 114. Councils of cities to establish election districts——The ec
of a city shall establish for each ward as many election districts
may deem necessary, and a voting place in each district (but sc
there shall not be less than one election district for everv one tho
voters or fractional part thereof above five hundred). and preserib
cause to be published the boundaries of said districts; and it may
the boundaries of any such election district, and rearrange, increa
924 ACTS OF ASSEMBLY.

diminish the number thereof, and change the voting places or establish
others therein, not to exceed, however, one voting place for each elec-
tion district: provided, that no change shall be made in any of the said
boundaries or voting places within thirty days next preceding any gen-
eral election.

§ 115. When special election ordered by governor, et cetera; how writ
issued and notice given—Whenever a special election is ordered by the
governor, speaker of the house, or president of the senate, it shall be his
duty to issue a writ of election, designating the office to be filled at such
election and the time such election is to be held, and transmit the
same to the sheriff of the county and the sergeant of the corporation in
which such election is to be held, to be by such sheriff or sergeant pub-
lished by posting a copy thereof at each voting place in his county or
corporation at least ten days before such election.

§ 116. How in other cases.—Whenever a special election is ordered to
fill a vacancy otherwise than under the preceding section, it shall be the
duty of the officer ordering such election, at least twenty days before
such election, to issue his writ of election, directed to the sheriff of the
county or sergeant of the corporation in which the election is to be held,
designating therein the office to be filled, and the time and place of
holding the same; upon reccipt of which such officer shall proceed to
cause public notice to be given of such election in the same manner as
is required in the preceding section.

§ 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
appointed as provided by section thirty-one of the Constitution, in May,
nineteen hundred and four, and in each year thereafter, to appoint three
competent citizens, being qualified voters, whose terms of office shall be-
gin on the first of June following their appointment, who shall consti-
tute the judges of election for all elections to be held in their respective
election districts for the term of one year or until their successors are
eppointed, and shall at the same time appoint two clerks for each place
of voting, whose terms of office shall be coincident with the judges, to
whom shall be administered bv the judges, or either of them, or by the
officer swearing 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 the two political parties casting the highest and next highest
number of votes at the last preceding election, each of whom shall be able
io read and write. The members of any electoral board who shall wil-
fully fail to comply with this requirement shall be deemed guilty of a
misdemeanor, and on conviction 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 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 opening 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 qualifications 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 in-
formation 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 open-
ing 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 election is in any election district in a town
or a city, to appoint three judges of election for such election district,
who shall possess the same qualifications 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 ap-
pointed they neglect or refuse to act for one hour after the time pre-
scribed by law for opening the polls at such election, it shall be lawful
for any three qualified voters of the district, who shall be present and
willing to act, upon taking the oath prescribed for judges of election, to
proceed to hold, conduct, and certify the election in the manner provided
in this chapter, and for that purpose shall have all the powers and au-
thority of judges appointed by an electoral board, which shall include the
power to appoint clerks if those chosen by the electoral board shall fail
to attend or refuse to act. -

§ 118. Qualification of judges and clerks.—No person shall act as a
judge or clerk of any election who is a candidate for, or the deputy or
employee of any person who is a candidate for, any office to be filled at
such election, or who is the deputy of any person holding any office or
post of profit or emolument under the United States government, or
who is in the employment of such government, or holding any elective
office of profit or trust in the State, or in any county, city, or town thereof.
And before any judge or clerk of election shall enter upon the perform-
ance of the duties imposed upon him by law he shall take and subscribe
an oath in the following form, to-wit: “I, A B, judge (or clerk) of the
election (as the case may be), do solemnly swear (or affirm) that I will
perform the duties of judge (or clerk) of the election (as the case may
be) according to law and 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 judges of election may administer to each other and to the
clerks the oaths above provided.

§ 119. How and by whom poll books furnished.—It shall be the duty
of the county clerk of the county, and the clerks of the corporation courts,
on the first day of April and October in each year, to make out and
transmit to the secretary of the Commonwealth a list of the number of
election districts in their respective counties and corporations, together
with the number of voters in such district; upon the receipt of which
the secretary of the Commonwealth shall transmit to the said clerks, re-
spectively, duplicate poll books or poll lists for each election district in
their respective counties or corporations, of sufficient size to contain the
names of all the voters therein.

§ 120. Form of poll books.—The following shall be the form of poll
books to be kept by the judges and clerks of election:

Poll. books of the election held in the county of ————— in the elec-
on district of ————— (or in the election district of
ard of ————— city) in the year one thousand eight hundred and
B, C D,_———- and E F,, judges, and G H, clerk of said
ection, were respectively sworn (or affirmed) as the law directs pre-
ous to their entering on the duties of their respective offices.

Number and Names of Electors.

7 5 No. 1.
CD yes 45-85 AGE ow ove edn ew hed winte oe ane ee eee No. 2.
Sr No. 3.
Ce: rere re Tier Tre rrr rr t Tre TIT rrr re rire No. 4.
It is hereby certified that the number of electors at this election
mounts to —————. And we further certify that ————— ballots
ere not counted because void.
Attest:
A B,
C D, + Judges.
EF,
GH, )
Clerks.
1a, §

Names of persons voted for, and for what office, containing the num-
er of votes given for each candidate.

overnor. Lieutenant-Governor. Representatives in
Congress.
A,—1, C.—1, Kt,
B,—1, D,—ti P,—1 ’
Representatives in State Legislature.
Senate. House of Delegates.
G,—1, J. sl,
H,—1, K,—1,
And such other officers as may be voted for at the said election.
We hereby certify that A had ————— votes for governor, and B had
votes for governor; that C had ————— votes for lieutenant-
overnor, et cetera.
A B,)
C D, } Judges.
EF,

GH,
Clerks.
IG,
§ 121. When polls opened and closed.—At all elections by the peo-
ple, the polls shall be opened at each voting place at sunrise of the day
en which the election is directed to be had, and closed at sunset of the
same day.

§ 122. Elections to be by ballot.—Every elector shall vote by ballot,
and each person offering to vote shall deliver a single ballot to one of the
judges of election, in the presence of the other two judges. ‘The ballot
shall be a white paper ticket, without any distinguishing mark or symbol,
and containing on one side the names of the candidates, and offices to be
filled, in clear print and due and orderly succession, and the names of
all persons voted for by an elector shall be on one ballot, and the form
thereof shall be the same in all places when the same persons shall be
voted for for the same offices; but any voter may erase any name on the
ballot voted by him and insert another.

§ 122a. Duty of candidates for officee—Any person who intends to
be a candidate for any office, State or national, to be elected by the elec-
tors of the State at large or of a congressional district shall, at least
twenty days before such election, notify the secretary of the Common-
wealth, in writing, attested by two witnesses, of such intention, desig-
nating the office for which he is a candidate. Such written notice shall
be signed by the said candidate, but, if he be incapable of writing his
proper signature, then some mark adopted by him as his signature shall
be acknowledged before a justice of the peace or other officer authorized
to take acknowledgments to deeds and in the same manner. Any per-
son who intends to be a candidate for any office not embraced in the
foregoing at any election shall give notice at least twenty days before
such election to the county clerk or clerks of the corporation or hustings
courts of the county or counties or the city or cities whose electors vote
for such office, which notice shall in all respects be in the same form as
that above described required to be given to the secretary of the Com-
monwealth. No person not announcing his candidacy as above shall have
his name printed on the ballots provided for such election. On receipt
of the foregoing notice it shall be the duty of the secretary of the Com-
monwealth to notify the secretary of each electoral board of each county
or city of the State or of said congressional district, and it shall be the
duty of said clerk or clerks to notify the secretary of the electoral boards
of their respective counties or cities, which notices shall be sent by the
secretary of the Commonwealth and clerks immediately after the time
has expired in which candidates may give notice of their candidacy as
prescribed by this section. Said clerks shall send copies of the original
notices of candidacy to the secretary of the electoral board when they
notify him. Whenever any secretary of an electoral board is elected he
shall at once notify the secretary of the Commonwealth of his election,
and inform him as to his postoffice address.

§ 122b. How and when ballots printed.—It shall be the duty of the
clectoral boards of the several counties and cities of this State, within
ten days preceding each election, to cause to be printed a number of bal-
lots equal to twice the entire registered vote of the said county or city:
provided, however, that in magisterial districts of a county or wards of a
city, only the names of the candidates to be voted for in said district or
ward shall be placed on the said ballots. These ballots shall be white
paper tickets without any distinguishing mark or symbol, shall contain
the names of all the candidates complying with the provisions of the law,
printed in black ink, immediately below the office for which they have so
announced their candidacy, in due and orderly succession, and the names
on said ballot shall be in clear print, in the same order and each name
in a separate line, and the type used in printing said ballots shall be plain
Roman type, not smaller than pica.

Oath of the printer.—The printer with whom the board shall contract
for the printing of the said ballots shall, before the work is commenced,
take an oath before the sccretary of said board, who is hereby empowered
to administer said oath, to the following effect: “TI, , solemnly
swear that I will print (here insert number) ballots according to the in-
struction of the electoral board of the county (or city) of ; that
I will print, and permit to be printed, directly or indirectly, no more
than the above number; that I will at once destroy all imperfect and per-
fect impressions other than those required to be delivered to the electoral
board ; that as soon as said number of ballots is printed I will distribute
the type used for said work; and finally, that I will not communicate to
any one whomsoever, in any manner whatsoever, the size, style, or con-
tents of said ballots.”

This oath shall be reduced to writing and signed by the person taking
it, and also a similar affidavit shall be required of any employee or other
person engaged upon said work, or who shall have access to it; and any
intentional violation of said oath shall constitute the crime of perjury.
It shall be the duty of said board to designate one of their number to be

-continuously present in the room in which the said ballots are printed
from the commencement until the end of said work, and see that the
undertakings of said! oath are strictly complied with. For the faithful
discharge of said duty he shall receive the compensation of two dollars.
As soon as said ballots are printed they shall be securely wrapped and
sealed, and such member of the electoral board shall take them into his
exclusive possession, allowing no one to examine them; nor shall such
member communicate to any one any information as to the size, style, or
contents of said ballots. He shall continue in such exclusive possession
until he delivers said ballots to the electoral board as hereinafter pro-
vided. Any violation of the provisions of this section, for which no pun-
ishment has been otherwise provided, shall be deemed a misdemeanor and
punished by a fine of two hundred dollars and imprisonment for one
month in jail.

§ 122c. Elections for president and: vice-president.—In elections for
president and vice-president of the United States the names of electors
selected by the different political parties, together with the names of the
candidates for whom they are expected to vote in the electoral college,
shall be furnished to the seerctary of the Commonwealth by any person
or persons representing said parties at least thirty days before any elec-
tion for the said electors of president and vice-president of the United
States; and thereupon it shall be the duty of the secretary of the Com-
monwealth to immediately notify the secretary of each electoral board of
each county or city of the State; and it shall then become the duty of the
electoral boards of the several counties and cities within the State, within

twenty days preceding such election, to cause to be printed on the official
ballot provided for in this act the name of each candidate for president
and vice-president of cach political party, the names of the electors nomi-
nated by the political party of such candidates; and the qualified voters
at said election shall designate their preference for any candidates for
president and vice-president by scratching the names of the other candi-
dates for president and! vice-president, as is provided in section one hun-
dred and twenty-two h of this act, and the ballots shall be counted as they
would be counted if the names of the electors had been scratched.

§ 122d. Duties of electoral boards, seal, et cetera.—It shall be the duty
of the electoral board to procure and adopt a seal, if there be not one al-
ready adopted by the electoral board of such city or county under the
laws in force prior to the passage of this act, which seal may be changed
from time to time in the discretion of said board, and shall not be less
than two inches in diameter. Said board shall meet as soon as conveni-
ent after the printing of the ballots as provided for in this chapter, of
which meeting the chairman of the board of supervisors of the county or
the judge of the corporation court of the city, shall be notified, and at
which there shall be present the said chairman or judge and the members
of the said board, but no other persons. And said chairman or judge
shall thereupon enter of record upon the minutes of the electoral board
an affidavit stating that said ballots were counted and sealed in his pres-
ence in the manner prescribed by law. And in the event of the inability,
through sickness or other incapacity, of the said chairman or judge to
discharge any of the duties imposed by this act, it shall be lawful for the
said duties to be performed by some other member of the board: of super-
visors of said county, or the judge of some other corporation. At this
meeting the member of the board who shall have secured from the printer
the ballots as hereinbefore required shall deliver said ballots to said
board. The ballots shall then be carefully counted by said board and
the number thereof entered by the secretary of the board in a book pro-
vided by him and kept for such purpose. The board shall affix its seal to
every ballot printed as above provided, upon the side reverse from that
upon which the names of the candidates appear. Of the said ballots they
shall make as many packages as there are voting precincts in said county
or city, one for each precinct, which package shall contain twice as many
official ballots as there are voters registered at the precinct for which it is
intended. Each of these packages shall be securely sealed so that the bal-
lots shall be invisible, and so that they could not be readily opened with-
out detection. Upon each of said packages shall be endorsed the name of
the precinct for which it is intended and the number of ballots therein
contained. The packages designed for the various precincts shall remain
in the exclusive possession of the secretary of the board until delivered
by him to the judges, or one of the judges, of election of the several pre-
cincts as hereinafter provided, or until he shall have delivered the same
to one or the other members of the board to be delivered to the judge or
judges as required by this act. The secretary of said electoral board shall
keep in his sole custody the seal or stamp of said board and in a sealed
package, to be opened only in the presence of the electoral board and the
chairman or other member of the board of supervisors or the judge of the

117
corporation court when in the discharge of their duties as prescribed by
this act.

§ 122e. How and when ballots opened.—Before every election the sec-
retary of the electoral board shall deliver to the judges, or one of the
judges, of election the package of official ballots for that precinct, taking
a receipt therefor and a certificate that the seals appeared to be untam-
pered with. And in the event of the inability, by sickness or other in-
capacity of said secretary to deliver said official ballots as herein pro-
vided, the said electoral board or the said secretary may cause them to be
delivered by another member of said board. Said sealed package, at the
opening of the poll, shall be opened in the presence of the clerks and
judges of election, and the ballots in said package shall then be carefully
counted. All ballots remaining unused at the close of the polls shall be
carefully destroyed before the box is opened. Any person wilfully and
corruptly failing to perform the duties required of him, or intentionally
violating any of the provisions of this section, or opening any sealed
package of official ballots, except as especially provided for herein, shall
be deemed guilty: of a misdemeanor and be punished with a fine of two
hundred dollars and imprisonment one month in jail.

§ 122f. How voting places arranged.—lIt shall be the duty of the elec-
toral board of the several counties and cities to provide at each of the vot-
ing places in their respective counties and cities a small compartment or
booth large enough to contain and conceal from general observation a
voter, and a desk or other convenience for writing. In said booth there
shall be placed pen and ink. Said compartment or booth shall be so
erected that a person standing at said desk in said booth or compartment
shall be wholly excluded from the observation of the clerks, judges of
election, and other persons. The said board, in its discretion, may have
one or more of said booths at said voting places.

§ 122g. Persons approaching ballot box; order of voting.—Except as
hereinafter provided for, save the judges of election and clerks, no per-
son other than the elector offering to vote shall be within forty feet of
the ballot box. The judges of election shall promptly decide any dis-
pute as to precedence of electors to the right to vote, deciding who first
offered, or if two or more offered at the same time, selecting the one to
whom precedence shall be given; but in case of a challenge the challeng-
ers and challenged and the witnesses may appear before the judges;
when such challenge is decided, only the elector having the right to vote
shall remain within the prescribed limits.

§ 122h. Method of voting—very elector qualified to vote at a pre-
cinct shall, when he so demands, be furnished with an official ballot by
one of the judges of election selected for that duty by a majority of the
judges present. The said elector shall then take the said official ballot
and retire to said voting booth. He shall then draw a line with a pen
or pencil through the names of the candidates he does not wish to vote
for, leaving the title of the office and the name or names of the candi-
dates he docs wish to vote for unscratched. No name shall be consid-
ered scratched unless the pen or pencil mark extends through three-fourths
of the length of said name; and no ballot, save an official ballot specially
prepared as above provided for, shall be counted for any person. He
shall fold said ballot with the names of the candidates on the inside and
hand the same to the judge of the election, who shall place the same in
the ballot box without any inspection further than to assure himself
that the ballot is a genuine ballot, for which purpose he may, without
looking at the printed inside of said ballot, inspect the official seal upon
the back thereof: provided, it shall be lawful for any voter to crase any
or all names printed upon said official ballot and substitute therein in
writing the name or names of any person or persons for any office for
which he may desire to vote.

§ 122i. Ballot not to be carried away or copied; penalty.—It shall be
unlawful for any elector to carry the official ballot furnished him by the
judge of election further than the voting booth or make any copy thereof,
and should he, after inspecting said ballot, conclude not to vote, he must
immediately return said ballot to the judges of election. Except as here-
inafter provided, no person shall advise, counsel, or assist any elector, by
writing, word, or gesture, as to how he shall vote or mark his ballot after
the same has been delivered to him by the judges of election. Any per-
son violating the provisions of this section shall be deemed guilty of a
misdemeanor, and upon conviction thereof shall be fined not less than
five hundred nor more than one thousand dollars and confined in jail six
months. To carry any official ballot or copy thereof beyond the voting
booth or away from said booth, except to the judges of election, or to
vote any ballot except such as shall be received by the clector from the
judge of election, shall be a misdemeanor punishable by a fine of one hun-
dred dollars; and it shall be the duty of the judges of election to cause,
by verbal order or warrant, the instant arrest of any person making such
attempt, and he shall be required to vote or surrender said ballot, and he
may be confined in jail by the order of said judges of election until he
obeys said requirements, not exceeding ten days.

§ 122j. Time allowed for voting.—No elector shall be allowed by the
judges of election to remain in said voting booth provided in this act
more than two and one-half minutes, to the obstruction of other electors
desiring to vote. Said judges of election shall cause any elector attempt-
ing to occupy said voting booth for a longer time to retire and surrender
his ballot, and he shall not again be allowed to receive an official ballot
unless in the discretion of the judges of election another opportunity to
vote will not delay or hinder other electors.

§ 122k. Defaced ballots—Should any ballot be unintentionally or ac-
cidentally defaced, or in any way rendered unfit for voting by such elector,
he shall deliver such defaced ballot to the judges of election and receive
another upon taking an oath that the defacement of the ballot first de-
livered to him was not done for the purpose of defacing said official bal-
Jot. Any person swearing falsely to such fact shall be deemed guilty of
perjury.

Judges to assist certain voters——Any person registered prior to the
first of January, nineteen hundred and four, shall be assisted in the
preparation of his ballot by one of the officers of election designated by
himself. And the judges, or a majority of them, shall designate one of
their number, whose duty it shall be, at the request of any elector regis-
tered after the first day of January, nineteen hundred and four, who
may be physically unable to prepare his ballot, to enter the booth with
said elector and render him assistance in preparing his ballot by strik-
ing out such names as he shall designate. In case said elector be blind,
said judge of election so appointed and designated shall prepare said bal-
lot for said elector in accordance with his instructions, but the said judge
shall not enter the booth with the voter unless requested by him, and
shall not in any manner divulge or indicate, by signs or otherwise, the
name or names of the person or persons for whom any elector shall vote.
The said judges, or a mjaority of them, shall have power, from time to
time, when and as often as they may see proper, to change the appoint-
ment and designation of the judge who shall discharge the duty of as-
sisting voters who are physically disabled or blind, as above provided,
and designate another judge in his place and stead to perform the same;
and for a corrupt violation of any of the provisions of this section, the
person so violating shall be deemed guilty of a misdemeanor and be con-
fined in jail not less than one nor more than twelve months.

§ 122). Crowds forbidden ; counterfeit ballots—It shall not be lawful,
upon the day of elections, for persons to congregate and crowd upon the
public highway within one hundred feet of any of the voting places, and
any person violating the provisions of this section shall, upon conviction
thereof, pay a fine of twenty-five dollars or be confined in jail not exceed-
ing ten days. Any member of the electoral board, the printer who shall
print the official ballots provided for by this act, any judge of election, or
any person who shall give or scll to any person whomsoever, except where
it is distinctly provided by this act, any official ballot or copy, or any fac
simile of the same, or any information about the same, or shall counter-
feit, or attempt to counterfeit, the same, shall be deemed guilty of a mis-
demeanor, and upon conviction thereof shall be fined five hundred dollars
and imprisoned in jail six months. It shall be the duty of the judges of
election to see that the provisions of this act are strictly carried out.

§ 122m. Elections in towns.—The provisions of this act shall apply to
all elections held in this State except as hereinafter provided ; and where
the election is held in an incorporated town for town officers it shall be
the duty of all persons who intend to be candidates for office in said town
to give notice of said candidacy to the county clerk of the county in which
said town is, as provided by section one hundred and twenty-two a, and
said clerk shall notify the electoral board, and the tickets shall be printed’
and delivered and the election held and conducted in the manner pro-
vided by this chapter, and where the election is to be held to ascertain
the sense of the qualified voters of this State, or of any county, city, town,
or district of any county, upon any question submitted to them by law, it
shall be the duty of the electoral board of the county or city, or of the
county in which said town or district is, as the case may be, to have the
words printed upon the tickets directed by the law submitting said ques-
tion; but in all other respects said elections shall conform to the pro-
visions of this chapter.

§122n. Penalty for violations—Any violation of the provisions of
this chapter, for which no punishment has been otherwise provided, shall
be deemed a misdemeanor, and punished by a fine not exceeding one hun-
dred dollars and imprisonment in the county jail not exceeding one
month. .
§ 1220. 1—No person shall vote at any. legalized primary election for
the nomination of any candidate for office unless he is at the time regis-
tered and qualified to vote at the next succeeding election.

2. In all cases where by its plan of organization, or otherwise, any!
political party in this State requires its candidates to be nominated by
primary elections, such elections shall be conducted by the judges and
clerks, or other officers designated by the proper committee or other pro-
per authority of any such party, and under such rules, regulations, and
requirements as may be prescribed in the plan adopted by such party.

3. All laws mtended to secure the regularity and purity of general andv
local elections, and to prevent and punish any corrupt practices in con-
nection therewith, and the penalties and punishments now or hereafter
prescribed by law for such offenses, shall, so far as they may be applica-
ble, apply to all primary elections, whether the same be held under any
statute law of this State or under a plan provided by some political party.

§ 122p. Cost of elections.—The cost of conducting elections under this:
chapter shall be paid by the counties and cities, respectively.

8 123. Ballot boxes—The board of supervisors of each county and the
council of each city shall, at the expense of their respective counties or
corporations, procure a ballot box for each place of voting in any election
district destitute of the same, which box shall be provided with a lock
and key and have an opening through the lid of sufficient size to admit a
single folded ballot and no more. The said boxes shall be kept by the
judges of election for the use of their several election districts.

§ 124. How empticd before election The judges of election, or one of
them, immediately before proclamation is made of the opening of the
polls, shall open the ballot boxes in the presence of the people there as-
sembled, and turn them upside down, so as to empty them of everything
that is in them, and then lock them, and the key thereof shall be deliv-
ered to one of the said judges, and one of the judges shall forthwith pro-
claim that the polls are open. Said boxes shall not be opened until the
close of: the polls and for the purpose of counting the ballots therein.

§ 125. Where ballot box kept; how ballots received and names of voters
entered on poll books.—The ballot box shall be kept in public view during
all elections. The judge to whom any ballot is delivered shall, upon the
receipt thereof, pronounce in an audible voice the name of the person
from whom the ballot is received, and if his name is found on the regis-
tration book, and there be no objection made, the said judge shall, with-
out opening the said ballot or permitting it to be examined (except to
ascertain whether it is a single ballot), deposit the same in the ballot box,
whereupon the name of the elector shall be checked on the registration
book by one of the judges and entered by the clerks of clection on the
poll books and correctly numbered: provided, that where a registered
voter has changed his place of residence from one election district to an-
other in the same county, and has resided for thirty days in the election
district in which he offers to vote, if he has a certificate showing that he
was duly registered in his former election district in said county, and
that his name has since his removal been erased from the registration
books of said election district, it shall be sufficient evidence to entitle him
to vote in-the district in which he resides, and his name shall be regis-
tered in the registration book by the registrar, if he be present, or by one
of the judges of election if he be not present: provided, further, that no
person who removes from one city or county to another city or county in
this State shall be allowed to vote at any election therein without having
first registered upon his transfer at the time and in the modes prescribed
in sections seventy-cight and eighty of the Code of eighteen hundred and
eighty-seven: and provided, further, that in citics or towns containing
over two thousand inhabitants the name of such person shall not be en-
tered by the judge, but only by the registrar prior to or on the days named
in section seventy-eight of the Code.

§ 126. Challenges——Any elector may, and it shall be the duty of the
judges of election to, challenge the vote of any person who may be known
or suspected not to be a duly qualified voter.

§ 127. How challenge tried—When any person is so challenged the
judges shall explain to him the qualifications of an elector, and may ex-
amine him as to the same; and if the person insists that he is qualified,
and the challenge is not withdrawn, one of the judges shall tender to him
the following oath: “You do solemnly swear (or affirm) that you are a
citizen of the United States, that you are twenty-one years old, that vou
have resided in this State for two years, in this county, city, or town for
one year, and in this district thirty days next preceding this election ;
and that you are not disqualified from voting by the Constitution or laws
of this State; that your name is (here insert the name given) ; that in
such name you were duly registered as a voter of this election district;
that you are now an actual resident of the same; that you are the identi-
cal person you represent yourself to be; and that you have not voted in
this election at this or any voting place. So help you God.” If he refuse
to take such oath his vote shall be rejected; if, however, he does take it,
his vote shall be received, unless the judges be satisfied, from record or
other legal evidence adduced before them, or from their own knowledge
that he is not a qualified voter, in which case they may refuse to permit
such person to vote. And they are hereby authorized to administer the
necessary oaths or affirmations to all witnesses brought before them to
testify as to the qualifications of any persons offering to vote. When the
vote of any person shall be received, after having taken the oath pr-
scribed in this section, it shall be the duty of the clerks of election to
write on the poll books, at the end of the name of such person, the word
“sworn.”

§ 128. How polls closed; when votes canvassed and result declared.—
As soon as the polls are finally closed (of which closing proclamation
shall be made by the judges fifteen minutes previously thereto) the
judges shall immediately procced to canvass the vote given at such elec-
tion, and the said canvass shall be continued without adjournment until
completed and the result thereof declared.

§ 129.—How votes canvassed.—The canvass shall commence by tak-
ing out of the box the ballots unopened—not in secret, but in the pres-
ence of at least two representatives from each political party represented
in the election, if such representatives request the judges of election to
allow them to be present when the ballots are taken from the box, and
said representatives shall be entitled to be present and witness the count
of the ballots and the making up of the returns as hereinafter provided
jn this section and section one hundred and thirty of the Code of Vir-
ginia. In case the said representatives, or any of them, do not request to
be present, the judges shall notify the bystanders and select from them
as many to come in as with the representatives of the political parties
present shall make the number of four, and in their presence shall open
the ballot boxes and canvass and count the votes; and the judges of elec-
tion shall at once proceed to examine and count the ballots to ascer-
tain if any double ballots have been cast, and whether the number of bal-
lots corresponds with the number of names on the poll books; and if two
or more separate ballots are found so folded together as to represent the
appearance of a single ballot they shall be laid aside until the count of
the ballots is completed. If, upon a comparison of the said count, and
the number of names of electors on the poll books, it appears that the
two or more ballots thus folded together were cast by the same elector,
they shall be destroyed. If the ballots in the box are found to exceed the
number of names on the poll books, all ballots shall be replaced in the
ballot box, and after the same shall be well shaken, one of the judges of
election, being blindfolded, shall draw therefrom a sufficient number of
ballots to reduce the same to a number equal to the number of names of
electors on the poll books. The number of ballots being thus made to
agree with the number of names on the poll books, the books shall be
signed by the judges and attested by the clerks; and the number of names
thereon shall be sct down in words and figures at the foot of the list of
electors on the poll books and over the signatures of the judges and at-
testations of the clerks in the manner and form prescribed by section one
hundred and twenty. Whenever the number of ballots is redueed by de-
struction of fraudulent ballots below the number of names of electors on
the poll books the cause of such reduction shall be stated at the foot of
the list of electors on the poll books before the same are signed and at-
tested by the judges and clerks, respectively.

§ 130. How votes counted and returns made.—After the poll books are
thus signed and attested, the judges shall, in the presence of such persons
as shall be present under the preceding section, proceed to count and as-
certain the number of votes cast for each person voted for; and the
tickets or ballots shall be distinctly read, and as soon as read and can-
vassed shall be strung by one of the judges on a string, and the clerk shall
set down on the poll books, next after the certificate of the judges at the
foot of the list of electors as the returns of the election, the name of every
person voted for, written in full length, the office for which such person
received such votes, and the number of votes he reccived, the number be-
ing expressed in figures and also at full length in writing, in accordance
with the form prescribed in said section one hundred and twenty, which
said returns, when so made out, shall be signed and attested as provided
in said section, but no person other than the judges of the election shall
handle the ballots.

§ 131. When ballot void.—If a ballot is found to contain a greater
number of names for any one office than the number of persons required
to fill the said office, or if the title of the office is erased, the said ballot
shall be considered void as to all the names designated to fill such office,
936 ACTS OF ASSEMBLY.

but no further; but no ballot shall be void for containing a less number
of names than is authorized to be inserted therein.

§ 132. Poll books and ballots to be sealed; when and by whom de-
livered to clerk; where kept; if returns not made, how obtained.—After
canvassing the votes in the manner aforesaid, the judges, before they
adjourn, shall put under cover the poll book, seal the same, and direct
them to the county clerk of the county or clerk of the corporation court
of the corporation (as the case may be) in which the election is held;
and the poll books thus sealed and directed (together with the ballots
strung as aforesaid enclosed and sealed) shall be conveyed by one of the
judges, to be determined by lot, if they cannot otherwise agree, to the
clerk to whom they are directed on the day following the election, there
to remain for the use of the persons who may be lawfully entitled to in-
spect the same. The clerk to whom the ballots are delivered as afore-
said shall, without breaking the seal, deposit them in his office, where
they shall be safely kept for twelve months; and he shall not allow the
same to be inspected unless in cases of contested elections or unless they
become necessary to be used in evidence, and then only on the order of
the proper court or officer. If from any cause the judges of election shall
fail to make return, as provided by this section, within the time limited
by the following section for the commissioners to meet and open the re-
turns, it shall be the duty of the clerk to whose office such returns ought
to have been made to dispatch a special messenger to obtain such returns,
who shall be subject to the same penalties and entitled to the same com-
pensation as a judge of election for such service.

§ 133. How commissioners of election appointed; when to meet and
open returns; how vacancies supplied—The electoral board of each
county and city shall, at the time they appoint judges and clerks of elec-
tion, designate five of the judges so appointed to act as commissioners,
who, or any three of whom, shall constitute a board, of which the county
clerk or the clerk of the corporation or hustings court, as the case may be,
shall, ex-officio, be clerk, whose duty it shall be to meet at the clerk’s of-
fice of the county or corporation for which they are appointed, on the
second day (Sunday excepted) after any election held therein, and pro-
ceed to open the several returns which shall have been made at that of-
fice; and the said commissioners shall ascertain from the returns the per-
sons who have received the greatest number of votes in the county or cor-
poration for the several offices to be filled at said election. The result as
co ascertained shall be reduced to writing and signed by a majority of
the commissioners present and constituting such board, and attested by
the clerk, and shall be annexed to the abstract of votes cast at such elec-
tion, as provided for in section one hundred and thirty-six. If from
any cause the number of commissioners in attendance at the time and
place for opening returns be less than three, the commissioner or com-
missioners in attendance shall select from the voters of the county or
corporation, as the case may be, one or more persons having the quali-
fication of judges of election, who shall act as commissioner or commis-
sioners. Should all the commissioners appointed for any county or cor-
poration fail to attend at the time and place for opening returns. it shall
be lawful for any justice of the county, or the mayor, if the failure oc-
cur in any city or town, to appoint from among the voters of the county
or corporation, as the case may be, three persons having the qualifications
of judges of elections, who shall act as commissioners. The electoral
board of the several counties and cities shall have power to fill vacancies
in such appointments in their respective cities and counties whenever
necessary to do so. Any person appointed under this section to fill a va-
cancy in the board of commissioners shall, before entering upon the dis-
charge of his duties as commissioner, take an oath before some one au-
thorized to administer oaths, to faithfully discharge his duties as com-
missioner; and when so sworn shall have all the power and authority
and be subject to all the penalties of a judge of election appointed for
that purpose by the said electoral board. The fact of the appointment
being made, and the oath taken, shall be noted by the clerk at the foot
of the abstract of votes provided for in section one hundred and thirty-
six.

§ 134. How irregularities in returns corrected.—If it shall appear to
any board of election commissioners, in determining the persons who
have received the greatest number of votes for the several offices voted for
in such election, that irregularities or informalities occur in the returns
of the judges or clerks of election, which can be cured by amending or
correcting the same, it shall be the duty of said board of commissioners
immediately to summon the said judges and clerks, or such of them as
may be requisite, to appcar before said board, on some day not exceeding
five days from the date of the summons, for the purpose of amending
such returns so that the same may conform to the law. The summons
may be executed by any sheriff, sergeant, constable, or qualified voter,
who shall receive for such service fifty cents for each person summoned,
to be paid by the county or corporation in which such election was held.

§ 135. Who to receive certificates of election; how tie determined.—
In all elections for the choice of any officer, unless it is otherwise ex-
pressly provided, the person having the highest number of votes for any
office shall be deemed to have been elected to such office and shall receive
the certificate of election; but if two or more persons have an equal num-
ber of votes for any county, city, town, or district office, and a higher
number than any other person, the commissioners aforesaid shall pro-
ceed publicly to determine by lot which of the candidates shall be de-
clared elected.

§ 136. Abstracts of votes to be made out and certified; to whom for-
warded.—So soon as the commissioners aforesaid shall determine the
persons who have received the highest number of votes for any office, the
clerk shall make out abstracts of the votes in the following manner:
First, for governor and lieutenant-governor on one sheet; second, for
attorney-gencral on one sheet; third, for secretary of the Commonwealth
on. one sheet; fourth, for State treasurer on one sheet; fifth, for superin-
tendent of public instruction on one sheet; sixth, for commissioner of
agriculture and immigration on one sheet; seventh, for member or mem-
bers of the senate and house of delegates on one sheet; eighth, for a rep-
resentative in congress on one sheet; ninth, for electors of president and
vice-president of the United States on one sheet; tenth, for county offi-
cers on one sheet; eleventh, for district officers on one sheet; twelfth, for

corporation officers on one shect, which abstracts, being certified and
118
signed by said commissioners and attested by the clerk, shall be deposited
in the office of the latter, and certified copies thereof, numbered one, two,
three, four, five, six, seven, eight, nine, ten, eleven, and twelve (when said
officers have been voted for at said elections), under the official seal of
said clerk, shall be placed in separate envelopes, endorsed, and directed
to the secretary of the Commonwealth, and forwarded immediately to the
seat of government by mail; and the said clerk shall endorse on the back
of each envelope in which the said certified copics are enclosed: “Copy
of the abstract of votes cast for governor, and so forth (as the case may
be), cast at the general election in county (or corporation), in
» nineteen hundred and .” Any clerk wilfully violating any
of the provisions of this section, except those relating to a representative
in congress and to electors for president and vice-president of the United
States, shall be punished by a fine of not less than one hundred dollars
nor more than one thousand dollars, and by confinement in jail for a
period of not less than thirty days nor more than six months.

§ 137. When a clerk to make out and deliver certificate of election.—
The clerk shall immediately make out, in pursuance of the determination
of the commissioners, a certificate of election for each of the persons
having the highest number of votes for any county, corporation, or dis-
trict office, or, in case of a tie, who have been decided by lot to be elected,
and deliver the same to the person elected upon his making application
therefor. Any clerk wilfully violating the provisions of this section shall
be punished by a fine of not less than one hundred dollars nor more than
one thousand dollars, and by confinement in jail for a period of not less
than thirty days nor more than six months.

§ 138. When clerk absent, who to perform his duties—When a clerk
shall die, be absent, or from any other cause be prevented from discharg-
ing any of the duties required of him under this chapter, it shall be law-
ful for his deputy, or such other person as may then be acting as clerk,
to discharge such duties.

§ 139. Board of State canvassers.—The governor, secretary of the
Commonwealth, auditor of public accounts, State treasurer, attorney-
general, or any three of them, shall constitute the board of State can-
vassers.

§ 140. Secretary of Commonwealth. to open and record: returns.—The
secretary of the Commonwealth, upon receipt of the certified abstracts of
the votes given in the several countics and corporations directed to be sent
to him, shall proceed to open the same (except the abstract of votes for
governor and lieutenant-governor, the attorney-general, secretary of the
Commonwealth, and State treasurer), and shall record them in a suitable
book to be kept by him for the purpose, and file and carefully preserve in
his office said abstracts and the original envelopes in which they were
enclosed.

§ 141. If abstracts not forwarded, messenger to be sent for them.—If
from any county or city no such abstract of votes shall have been received
within twelve days next after any election by the secretary of the Com-
monwealth, he shall dispatch a special messenger to obtain a copy of the
same from the proper clerk; and such clerk shall immediately, on demand
of such messenger, make out and deliver to him the copy required, which

copy of the abstract of votes the messenger shall deliver to the secretary
of the Commonwealth without delay, to be recorded by him as aforesaid.

§ 142. How election returns canvassed by State board and certificates
of election given.—For the purpose of canvassing the result of elections,
the board of State canvassers shall meet at the office of the secretary of
the Commonwealth on the fourth Monday in November next after the
election, when they shall, upon the certified abstracts on file in the office
of the secretary of the Commonwealth, proceed to examine and make
statements of the whole number of votes given at any such election for
superintendent of public instruction, commissioner of agriculture and im-
migration, members of the senate and house of delegates, representatives
im congress, and electors of president and vice-president of the United
States, or for so many of said officers as have been voted: for at such elec-
tion, which statement shall show the names of persons for whom such
votes have been given for either of the said offices and the whole number
given to each, distinguishing the several districts, cities, and counties in
which they were given; they shall certify such statements to be correct
and subscribe their names thereto, and they shall thereupon determine
what persons have been by the greatest number of votes duly elected to
such offices, or either of them, and shall endorse and subscribe on such
statements a certificate of such determination and deliver them to the
secretary of the Commonwealth. The secretary of the Commonwealth
shall record in a suitable book to be kept by him in his office for that pur-
pose each certified statement and determination as madc by the board of
State canvassers, and shall without delay make out and transmit to each
of the persons thereby declared to be elected (except the attorney-general,
who shall be commissioned by the governor) a certificate of his election,
certified by him under his seal of office. In the election of a senator he
shall also forward to the clerk of the senate a certificate of the election of
such senator; and in the case of the clection of a member of the house of
delegates he shall forward to the clerk of the house of delegates a certifi-
cate of the election of such member. And upon the first day of the ses-
sion of the general assembly he shall lay before each house a list of the
members elected thereto, with the districts they represent. In cases of
special elections to fill vacancies held at any other time than that fixed
for general elections, the board of State canvassers shall meet at the office
of the secretary of the Commonwealth on the day after the returns of
such elections are received for the purpose of canvassing the result of
such special elections in the manner hereinbefore set forth. But if said
abstracts, or any of them, shall not be received within twelve days from
said election, the board shall meet and adjourn from time to time until
the abstracts shall be received; and in any case the board may adjourn
from time to time until their labors are completed.

§ 143. How election determined in case of a tic—If any two or more
persons have an equal number of votes and a higher number than any
other person for superintendent of public instruction, commissioner of
agriculture and immigration, member of the senate or house of delegates,
member of congress, or elector of president and vice-president of the
United States, the State canvassers shall proceed publicly to determine
by lot which of them shall be declared elected. Reasonable notice shall
be given to such candidates of the time when such election shall be so
determined ; and if they, or either of them, shall fail to appear in accord-
ance with said notice, the State canvassers shall proceed so to determine
said election in their absence.

§ 144. Preservation of order at elections.—Any constable of a district
in which an election is held, who may be designated for the purpose by
the judges of election, shall attend at the place of election and preserve
order at and about the same; and if no constable be in altendance, the
judges of election may, by writing, appoint one or more persons specially,
who shall have all the powers of a constable in the premises.

§ 144a. Intimidation, ct cetera, of voters; how prevented; punishment
therefor.—The judges of election, if it shall appear that the voters are
being intimidated or coerced from any source in the exercise of their suf-
frage by bystanders about the polling place, or that voters are being hin-
dered or tampered with in any way so as to prevent the casting of a
secret. ballot, may order such person or persons so engaged in intimi-
dating, coercing, hindering, or tampering with voters to cease such action,
and if such person or persons so engaged do not forthwith desist, the
judges of election, or a majority of them, may order the arrest of such
persons by a constable or any other person authorized by law to make
arrests, and confine him or them in the county or city jail, as the case
may be, not exceeding twenty-four hours, and such person or persons may
be summoned by due process of law before the next term of the circuit or
corporation court having jurisdiction, as the case may be, and upon the
production of evidence proving his or their guilt shall be fined in a sum
not less than one hundred dollars nor more than five hundred dollars.

§ 144b. Intimidation, et cetera, of election officers; how punished.—
Any person or persons who shall, by bribery, intimidation, or other un-
lawful or corrupt means, wilfully hinder or prevent, or attempt to so
hinder or prevent, the election officers at any precinct from holding an
election at the time and place set apart and designated as a place for
holding such election, shall be deemed guilty of a misdemeanor, and upon
conviction thereof shall be confined in jail not exceeding twelve months
and fined in a sum not exceeding five hundred dollars.

§ 145. Disturbance of election; how prevented.—If any person con-
duct himself in a noisy, riotous, or tumultuous manner at or about the
polls, so as to disturb the election or insult or abuse a judge or a clerk of
election, the constable, or any other person authorized to make arrests,
may forthwith arrest him and bring him before the judges of the election,
and they, by warrant under their hands, may commit him to the jail of
the county or corporation for not exceeding twenty-four hours; but they
shall permit him to vote if he be so entitled.

§ 146. How special elections superintended and determined.—All spe-
cial elections, all local-option elections, and all elections to fill vacancies
in office, shall be superintended and held, notice thereof given, returns
made and certified, votes canvassed, results ascertained and made known,
and commissions and certificates of election given, by the same officers,
under the same penalties, and subject to the same regulations as pre-
scribed for general elections, except so far as may be otherwise provided,
and except also that in case where there is a vacancy in the office of any
officer who has some duty to perform in such election, the duties of such
officer shall be performed by such other officer or person as shall be ap-
pointed for that purpose.

§ 147. Pay of clerks of courts—Clerks of courts shall receive for their
services, performed under any law relative to general or special elections,
the following fees, to-wit: For making out abstracts, for every one
hundred words, ten cents; for cach certificate, with seal attached to ab-
stract, twenty-five cents; the fees for such abstracts and certificates shall
be paid out of the county or corporation treasury, as the case may be;
for certificate to county officer, with seal attached, fifty cents, which fee,
as well as the tax on said seal, shall be paid by the person receiving the
certificate.

§ 148. Pay of sheriffs and sergeants—The sheriffs of counties and
sergeants of corporations shall each receive for their services, performed
in like manner, the following fees: For posting each notice of election,
the sum of fifty cents, which fees shall be paid out of the county or cor-
poration treasury.

§ 149. Pay of judges and clerks.—The judges and clerks of any elec-
tion held under this chapter shall receive as compensation for their ser-
vices the sum of one dollar cach, and the judge carrying the returns from
his voting place to the county clerk’s office shall receive for such service
the sum of one dollar, and, in addition, the mileage now allowed to
jurors for each mile necessarily traveled.

§ 150. Pay of commissioners.—The commissioners of any election held
in like manner shall each receive as compensation for his services the
sum of one dollar, to be paid out of the treasury of the county or corpora-
tion in which the election is held.

§ 151. Pay of messenger.—The special messenger sent by the secre-
tary of the Commonwealth to any county or corporation for a copy of
the abstract of votes of such county shall receive as compensation for
his services the sum of two dollars per day for the time necessary to go
and return from such county or corporation, and five cents per mile for
each mile traveled in going to and returning by the route usually traveled
from the capital to the county seat of such county, to be paid out of the
public treasury.

2. All acts and parts of acts inconsistent with this act are hereby re-

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