CHaP. 307.—An ACT to establish and regulate the holding of primary elec-
tions; to pay expenses of same; to secure the regularity and purity of
the same, and to prevent and punish any corrupt practices in connection
therewith.

Approved March 14, 1912.

1. Be it enacted by the general assembly of Virginia, That
the words and phrases in this act, unless inconsistent with the
context, shall be construed as follows:

(a) The word “primary,” the primary elections provided for
by this act.

(b) The word “election,” a general or municipal election as
distinguished from a primary election.

(c) The words “general election,” the election provided by
law for the Tuesday after the first Monday in November of each
year.

(d) The word “party,” a political party or organization
which at a presidential election next preceding the primary
polled at least one-fourth of the total vote cast at such election.
This act shall be liberally construed so that the will of the
electors may not be defeated by any informality: provided, the
objects of the provisions of the act are substantially accom-
plished.

To What Nominations this Act Applies.

2. This act shall apply to the nomination of candidates for
such offices as shall be nominated by a direct primary and to no
other nominations. For any State office the duly constituted
authorities of any political party for the State at large, and for
any district office or member of the house of representatives in the
congress of the United States the duly constituted authorities of
any political party for the district, and for members of the State
senate the duly constituted authorities of any political party for
the senatorial district, and for any county, city or town office,
and for members of the house of delegates the duly constituted
authorities of any political party for the county, city or town,
shall have the right to provide that the nomination shall be made
by a direct primary or by some other method. All nominations
made by a direct primary shall be made in accordance with the
provisions of this act, but nothing in this act shall be construed
to prohibit the printing of the name of an independent candidate
or the candidate of a political organization not included in the
definition of a “party” as established by this act, upon the official
ballot used at any election: provided, such candidate complies
with election laws concerning the same.

Primaries; When Held.
3. Primaries for the nomination of candidates coming within

the terms of this act shall be held as follows:
A primary for the nomination of candidates to be voted for
at the general election shall be held as follows: A primary for
the nomination of United States senators and State officers shall
be held at such time as the State committees of the respective
parties shall determine; a primary for the nomination of mem-
bers of the house of representatives of the United States shall
be held at such time as the congressional committees of the sev-
eral districts of the respective parties shall determine; and a
primary for the nomination of State senators shall be held at
such time as the chairman of the counties and cities of the sev-
eral senatorial districts of the respective parties shall deter-
mine; and a primary for the nomination of a member of the
house of delegates shall be held at such time as the county and
city committees of the respective parties in the legislative dis-
tricts shall determine; and a primary for the nomination of
county and city officers at such time as the county and city com-
mitees of the respective parties in said counties and cities shall
determine.
Primaries; How Held.

4. The primaries herein provided for shall be held by the
judges appointed by the county or city committees of the party
holding the primary, which said committees shall appoint three
judges, one of whom shall act as clerk at each of the several
precincts as they are now or may hereafter be provided by law
for their respective counties or cities: provided, that if two or
more political parties should hold an election at the same time,
then the judges of election shall be appointed by the electoral
board of the county or the city.

All provisions of law affecting such officers in general election
not inconsistent herewith are hereby made applicable to prima-
ries. There shall be used a separate ballot box for each party
participating.

All the provisions and requirements of the statutes of this
State in relation to the holding of elections, the sale of intoxi-
cating liquor on election day, of counting ballots, of making
and certifying returns and all other kindred subjects shall apply
to all primaries in so far as they are consistent with this act,
the intent of this act being to place the primary under the
protection and regulation of the laws of this State governing
elections. The courts of record of this State, and the judges
thereof in vacation, shall have jurisdiction to enforce the provis-
ions of this act by injunction, mandamus, prohibition, or any
other proper remedy.

All the provisions of the penal code of this State, in so far
as they relate to crimes against the electoral franchise, are
hereby made applicable to primaries except when inconsistent
with this act.

Lists of qualified voters shall be furnished the judges of the
primary in the same manner as they are directed by law to be
furnished the judges of election. ‘
5. Any candidate for party nomination to any office who
receives a plurality of the votes cast shall be the nominee of
his party for such office and his name shall be printed on the
official ballots used in the election for which the primary was
held. In case of a tie the nominee shall be determined by lot
in accordance with election law of the State.

6. This act shall not apply to the nomination of presidential
electors, or to the nomination of candidates to fill vacancies, or
to the nomination of candidates for the ofticers cf towns which,
by the terms of their charters, hold their elections at times other
than the date upon which the general elections are held.

Right and Power of Parties.

7. Each party shall have the power to make its own rules
and regulations, call conventions to proclaim a platform or ratify
a nomination, or for any other purpose, and perform all func-
tions inherent in such organizations. Each party shall have the
power to provide in any wavy it sees fit for the nomination of
its candidates, and the nomination and election of its candi-
dates for office in case of any vacancy, and the nomination and
election of its State, county and city committees: provided, that
no convention shall have the power to nominate anv candidate
to be voted for at any primary. Should the nominee of any party
die, or refuse his candidacy, or if his nomination is set aside
for fraud between any primary and the succeeding election, any
party may nominate to fill such vacancy in accordance with its
own rules, except that no party shall nominate any person whose
nomination has been set aside for fraud participated in by the
candidate.

Who May Vote.

8. All persons qualified to vote at the election for which
the primary is held may vote at the primary: provided, however,

(a) No person shall vote for the candidates of more than
one party.

(b) No person shall be permitted to vote for the candidates
of any party unless in the last next preceding general elections
he voted for the presidential electors nominated by such party,
or for the nominee of the house of representatives of such party,
or the nominee of such party for governor, or the nominee of
such party for the house of delegates: provided, further, that
if he did not vote at such general election, then upon his declara-
tion that he will support at the ensuing election the nominee
of the party in whose primary he wishes to vote, he shall be
allowed to vote.

(c) Any person offering to vote at a primary upon chal-
lenge shall be sworn by one of the judges of the primary, and
if he knowingly makes any false statement as to any matter
material to his right to vote, he shall be deemed guilty of perjury
and upon conviction shall be punished accordingly.

Declaration of Candidacy.

9. The name of no candidate shall be printed upon any official
ballot used at any primary unless such person is legally qualified
to hold the office for which he is a candidate, and unless at least
sixty days before the primary he makes and files a written decla-
ration of candidacy, and has paid the fee required on or before
the day upon which he has been required to file his declaration
of candidacy by the proper committee, and has complied with
the rules and regulations of the proper committee of his party,
which declaration shall be in, substantially, the following form:

| , of the county of (or the town or city of)
a member of ...........c0000s party, declare myself to be
a candidate for nomination to the office of ............ , to be
made at the primary to be held on the .............. day of

This declaration must be acknowledged before some officer
who has the authority to take the acknowledgments to deeds, or
attested by two persons who can write, signing as witnesses.

10. Candidates for nomination shall file their declarations
with the chairman of the several committees of the respective
parties, which committees have hereinbefore been charged with
determining the time of holding primaries.

(c) Candidates for city offices with the clerk of the corpora-
tion court, and candidates for county offices with the clerk of
the county.

Fees of Candidates.

11. Every candidate for any office at any primary, before he
files his declaration of candidacy as herein provided, shall pay
a fee equal to five per centum of one year’s salary attached to
the office for which he is a candidate. In the case of a candidate
whose compensation is paid in whole or in part by fees, the
amount to be paid by such candidate as his contribution for the
payment of the expenses of the primary shall be fixed by the
proper committee of the respective parties.

(a) Candidates for United States senate, for represensative
in congress and for all State offices shall pay said fee to the
treasurer of Virginia.

(b) All other candidates shall pay said fee to the treasurer
of the city or county in which they reside. A receipt for the
payment of said fee must accompany and be attached to said
declaration of candidacy, otherwise the same shall not be received
or filed. ~

Provided, that if only one person shall file a declaration of
candidacy for any office and is declared by the proper commit-
tee to be the candidate of his party without the holding of a
primary for the office for which he is a candidate, the treasurer
to whom the said fee has been paid shall refund said fee to said
person.

Expense of Candidates.

12. No person in order to aid or promote his nomination to
any public office at any primary provided for by this act shall,
directly or indirectly, himself or through another person, give,
pay, expend or contribute any money or other valuable thing
except for expenses herein expressly allowed and no others.
The permitted expenses shall include only expenses directly in-
curred and paid by a candidate for traveling and for purposes
properly incidental to traveling, and for writing, printing and
preparing for transmission any letter or circular or any adver-
tisement in any newspaper, magazine or other periodical,
whereby he states his position or views on public questions and
requests the suffrage of the voters; for stationery, postage, tele-
graph and telephone tolls, and for other similar expenses, and
for the necessary expenses of hiring halls or other rooms in
which to address the voters and others, upon public questions
and matters concerning his candidacy, and halls to be used as
campaign headquarters. Any person incurring other expense
than those herein expressly permitted shall be guilty of a mis-
demeanor, and upon conviction shall be fined not less than one
hundred and not more than five hundred dollars. Such convic-
tion shall disqualify such person from voting or holding office
in this State for five years thereafter.

Regulating Publications in Newspapers.

13. It shall be unlawful for any owner, proprietor, editor,
manager, officer, clerk, agent, reporter or employee of any
newspaper, magazine or periodical printed or published in this
State, to take, accept or receive, or agree to take, accept or
receive, for himself or any other person, firm or corporation,
either by himself or any other person or persons, firm or cor-
poration, any money or other valuable consideration for such
newspaper, magazine or other periodical supporting or advo-
cating the election or defeat of any candidate or candidates at
any primary election. Any such owner, proprietor, editor, man-
ager, officer, clerk, agent, reporter or employee of any news-
paper, magazine or other periodical violating the provisions of
this act shall be deemed guilty of a misdemeanor, and shall be
fined not less than one hundred dollars nor more than five hun-
dred dollars for each offense.
Provided, however, that nothing herein shall prevent any
person or persons, firm or corporation engaged in the publica-
tion of any newspaper, magazine or periodical from receiving
from any person for publication and publishing any matter,
article or articles advocating the election or defeat of any candi-
date or candidates and receiving from such person a compensa-
tion therefor, if such article so published or printed have placed
at the beginning thereof in plain type in black face Roman capi-
tals in a conspicuous place the statement, “paid advertisement.”

Statement of Candidates.

14. Every candidate for nomination under the terms of this
act shall, within twenty days after the day of holding the pri-
mary in which he is a candidate, file an itemized statement in
writing, duly sworn to, with the clerk of the court of the county
or corporation in which he resides, setting forth each sum of
money and thing of value or any consideration whatever con-
stituted, paid or promised by him or any one for him with his
knowledge or acquiescence, for the purpose of securing or influ-
encing or in any way affecting his nomination to said office.
Said statement must set forth the sum paid as personal expenses,
setting forth fully and in detail the nature, kind and character
of the expense for which the sums were expended. If any
money or other consideration has been paid or promised to any
newspaper, magazine or other periodical, the name of such news-
paper, magazine or other periodical must be set forth as well
as the amount or thing promised or paid.

In this statement all sums or other consideration promised
by him and not paid shall be included. Such statement when
so filed shall immediately be subject to the inspection and exami-
nation of any person and shall be and become a public record.
No officer shall receive and file any statement of any candidate
unless it is made in accordance with the requirements of this
act.

Penalties for Failure to Make Statement.

15. Anv candidate for nomination for any office under the
terms of this act who shall fail, neglect or refuse to file with
the proper officer the statement provided for in section four-
teen within the time provided therein, or who shall fail to fully
set out in detail any and all sums of money, or other thing of
value or consideration expended, paid or promised, shall be
guilty of a misdemeanor, and upon conviction thereof shall be
fined not less than twenty dollars or more than five hundred
dollars.

Eapense of Candidates Limited in Amount.

16. No candidate for any office at any primary shall spend
for any purpose whatever, exclusive of the entrance fee pro-
vided for in section eleven, a sum larger than an amount equal
to fifteen cents for every vote cast for the candidate of his party
receiving the largest vote at the last preceding gubernatorial
election, within the territory, the qualified voters of which have
the right to vote for the office for whose nomination such per-
son is a candidate at such primary: provided, however, in legis-
lative districts where more than six candidates are to be nomi-
nated for the general assembly, no candidate for the general
assembly shall spend more than forty per centum of the salary
to be paid him if elected. Any persons violating the provisions
of this section shall be guilty of a misdemeanor, and upon con-
viction thereof shall be fined not less than one hundred dollars
nor more than five hundred dollars, and such conviction shall
disqualify such person from voting or holding office in this State
for five years thereafter.

17. No person shall solicit,- request, demand, directly or indi-
rectly, any money, intoxicating liquor or anything of value to
influence his vote, or to be used, or under the pretense to be
used to procure the vote of any other person or persons, at any
primary for or against any candidate for office.

Any person violating the provisions of this section shall be
guilty of a misdemeanor, and upon conviction thereof shall be
fined not less than twenty dollars nor more than five hundred
dollars, and such conviction shall disqualify such person from
voting in this State for five years thereafter.

Primary Ballots and Poll Books.

18. The primary ballots for the several parties taking part
in a primary shall be printed and delivered to the judges of
election by the city or county committees of the party holding the
primary. These ballots shall be official and shall be composed,
arranged, printed and provided in the same manner as the
official election ballots except as herein provided. Across the
head of each official primary ballot shall be printed in plain
black type first the name of the political party the names of
whose candidates are printed thereon, and immediately under-
neath the following words: “Primary election ballot.” The
number of ballots printed for each party participating in the
primary shall be equal to twice the number of votes polled by
such party at the last preceding gubernatorial election.

Poll Books and Ballot Boxes.

19. There shall be a separate poll book and separate ballot
box provided for each party taking part in any primary. The
ballot box of each party shall have plainly marked upon its
top the words, “Primary ballot box,” and immediately under
these words the name of the party which uses the same. A
separate poll book shall be provided for each party participating
in the primary, and each poll book shall bear conspicuously upon
its cover the name of the party whose voters are recorded therein.
The form of these poll books shall be prescribed by the secretary
of the Commonwealth.

Copies of this act shall be distributed by the secretary of
the Commonwealth to the various members of the electoral board
and judges of election and clerks of circuit and corporation or
hustings courts throughout the State.

Ballots; How Canvassed and Certified.

20. The vote at all primaries shall be canvassed, counted by
the judges of election and certified to the county or city chair-
man of the respective parties holding the primary, and in the case
of the election of representatives to congress be certified to the
chairman of the congressional committee of the respective par-
ties for the congressional districts, and in the case of United
States senators and State officers to the chairman of the central
committee of the respective parties.

Expenses of Primary; How Paid.

21. The necessary expenses incident to holding and conduct-
ing primaries, such as the payment of judges and clerks of elec-
tion, necessary stationery and supplies, rent of polling places,
furnishing and distributing ballot boxes and poll books, deliver-
ing poll books, printing and providing ballots, and other like
expenses shall be paid as expenses of elections are paid.

When No Primary Shall Be Held.

22. Whenever within the time prescribed by this act there is
only one declaration of candidacy for the nomination for any
office, the person filing such declaration shall be the nominee of
his party and his name shall not be printed on the official pri-
mary ballot. The name of such nominee shall be printed upon
the official election ballot. In case there is only one candidate
offering for any office, the fee paid by him shall be returned
by the treasurer, and he shall be declared the nominee of his
party for the office for which he has announced his candidacy.

Should there be no contest over any nomination at a primary
and one declaration of candidacy be-filed for the nomination for
the officer or each officer to be voted for at such primary, then
such primary shall not be held, and it shall be the duty of the
proper committee to declare the said candidate the nominee of
his party.

There shall be no primary held for the nomination of candi-
dates for offices which in the discretion of party authorities are
required to be nominated otherwise.
23. Any primary election may be contested as follows:

The nomination for United States senators and State officers
before the State central committees of the appropriate party;
the nomination for candidates for the house of representatives
of the United States before the congressional committees of the
several districts of the appropriate party; the nomination for
State senators before the chairman of the appropriate party
of the counties and cities composing the senatorial district; the
nomination for members of the house of delegates by the county
and city committees of the appropriate party of the county and
city committees composing the legislative district; the nomina-
tion for county and city officers before the county and city com-
mittees of the appropriate party of said county or city.

All contests shall be conducted according to the rules and
regulations prescribed by the State central committee of the
appropriate party, and in all cases where the said State central
committee has not original jurisdiction there shall be a right of
appeal to said State central committee.

Duty of Party Authorities.

24. It shall be the duty of the chairman and secretary of the
State central committee of every party, by a writing signed by
themselves, to notify the secretary of the Commonwealth whether
such committee has or has not adopted the direct primary and
to what candidates such adoption refers. In case the discretion
of nominating local candidates be vested in the local committees,
then it shall be the duty of the chairman and secretary of such
local committee to notify the secretary of the Commonwealth of
the action taken by them in such regard; and the secretary of the
Commonwealth shall thereupon order the holding of a primary
election in any county, city or other district of the State in which
he is so notified that a primary is intended to be held.

The notification required by this section must be made at
least thirty days before the date herein set for the primaries:
provided, that at all primaries held under this act each candidate
may have a representative at the polls: provided, when there are
more than two candidates there shall be only two representatives,
one to be appointed by a majority of the candidates and the other
by the minority of the candidates.

Nothing in this act shall be construed to require the county
and city treasurers to pay expenses of more than one primary
held by any one party for one election, but if any of the subordi-
nate party committees call a primary at a date other than the
date set for the general primary then the expenses of the pri-
mary called by such subordinate party committee shall be paid
by the candidates themselves. In these primaries, the expenses
of which are not paid out of the city and county funds, no fee
shall be paid by the candidates to the several treasurers.

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