An Act to amend and reenact § 46.1-299, as amended, of the Code of Virginia, relating to devices signalling intention to turn or stop and rules therefor.
Volume 1968 Law 99
Volume | 1914 |
---|---|
Law Number | 305 |
Subjects |
Law Body
Chap. 305.—An ACT to amend and reenact an act entitled an act to estab-
lish and regulate the holding of primary elections; 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. (Ss. B. 161.)
Approved March 25, 1914.
1. Be it enacted by the general assembly of Virginia, That
an act entitled an act to establish and regulate the holding of pri-
mary elections; 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 fourteenth,
nineteen hundred and twelve, be amended and re-enacted so as to
read as follows:
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 dis-
tinguished 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
ala 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 elec-
tors may not be defeated by any informality; provided, the objects
of the provision of the act are substantially accomplished.
2. To what nominations this act applies.—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 con-
stituted authorities of any political party for the district, or mem-
ber of the senate in the congress of the United States the duly con-
stituted authorities of any political party for the State at large,
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 dele-
gates the duly constituted authorities of any political party for the
county, city or town, or legislative district, 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 estab-
lished by this act, upon the official ballot used at any election; pro-
vided, such candidate coniplies with election laws concerning the
same.
8. Primaries; when held.—Primaries for the nomination of can-
didates coming within the terms of this act shall be held as fol-
lows: (a) A primary for the nomination of candidates to be voted
for at the general election shall be held on the first Tuesday in
August of each year; (b) A primary for the nomination of candi-
dates for officers to be voted for on the second Tuesday in June in
the cities of the State shall be held on the first Tuesday in April
next preceding such election.
4. Primaries; how held.—The primaries herein provided for
shall be held by three judges appointed for each party participating
and from members of that party by the electoral boards of the
respective cities and counties in the State, upon application made
by the duly constituted authorities of the party or parties desiring
to hold a primary under this law, in such manner as may be pro-
vided by the party plan of such party or parties, one of which
judges so appointed shall act as clerk in the conduct of such pri-
_Inary so held, at each of the several precincts as designated at the
_ passage of this act, or hereafter, may be provided by law.
No judge or clerk of any election held under this act shall during
the progress of the same, shall attempt to influence any voter to
vote for or against any candidate.
! Any judge or clerk violating this provision shall be deemed
— guilty of a misdemeanor and punished accordingly.
Provided the said primaries shall be held by three judges and
two clerks, appointed as above provided, ror each party participat-
ing in said primary, if in the judgment of said board the two clerks
are necessary in order to have the vote cast at any voting place.
Provided further that the judges so appointed for each party,
- shall conduct the primary for that party.
All provisions of law affecting such offices in general election not
‘ inconsistent herewith are hereby made applicable to primaries.
- There shall be used a separate ballot box and poll book 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 intoxicating liquor
‘on election day, of counting’ ballots, of making and certifying re-
- turns 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 provisions of this act by injunction, mandamus, pro-
- hibition, 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 of each party participating in the same manner as they are
. directed by law to be furnished the judges of election.
Each judge of a primary, shall before entering upon the dis-
- charge of his duties take an oath which may be administered by
' any judge, faithfully to discharge the duties of his office.
| And in the event of the absence from the voting place of any
. of the judges appointed by the electoral board for one hour after
sun rise, then the other judge or judges present shall appoint a sub-
. stitute judge or judges from duly qualified voters present, and in
- the absence for two hours after sun rise of all the judges appointed
_ by the electoral board, then three duly qualified voters belonging to
, the political party holding the election may act as judges and con-
, duct the election in the manner herein prescribed.
5. The vote required to nominate—Any candidate for party
+ Nomination to any office who receives a plurality of the votes cast
. by his party 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.
But nothing in this act shall prohibit the county or city committee
of any political party from holding a primary which requires a
majority of the vote cast in the said primary to nominate.
6. This act shall not apply to the nomination of presidential
electors, or to the nomination of candidates to fill vacancies.
7. Right and power of parties—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 pur-
pose, and perform all functions inherent in such organizations.
Each party shall have the power to provide in any way it sees fit
for the nomination of its candidates, and the nomination and elec-
tion of its candidates for office in case of any vacancy, and
the nomination and election of its State, county or city com-
mittees; provided, that no convention shall have the power
to nominate any 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 partici-
pated in by the candidate.
Nothing in this act shall be construed to limit or circumscribe
the power of any political party to precribe the rules and regulations
for its own government, and to determine its own methods of mak-
ing nominations for public office; provided, however, no party
which has adopted the plan of making nominations for office by
primary, shall have the power to nominate by a convention any
candidate to be voted for at any particular primary, the said pri-
mary shall be conducted in all respects under the provisions of this
act.
8. Who may vote.—All persons qualified to vote at the election
for which the primary is held. and not disqualified by reasons of
other requirements in the law of the party, to which he belongs,
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 election 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 declaration 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 challenge
shall be sworn by one of the judges of the primary, and if he know-
ingly makes any false statement as to any matter material to his
right to vote, he shall be deemed guilty of perjury, and, upon con-
viction, shall be punished accordingly.
9. Declaration of candidacy.—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 candi-
date, and unless at least sixty days before the primary he makes
and files a written declaration of candidacy, and has complied with
the rules and regulations of the proper committee of his party,
which declaration shall be in, substantially, the following form:
pr , of the county of (or town or city of),
« member ‘of the iaiisssassiaeiese see svasaveenanrawenees party,
declare myself to be a candidate for nomination to the office
Of ssn kee cae seem ON ONE ORE , to be made at the primary to
be held on the ............. cece eee day of...............00008-
This declaraticn must be acknowledged before some officer who
has the authority to take the acknowledgements to deeds, or attested
by two persens who can write, signing as witnesses.
The name of no candidate for United States senate, for repre-
sentatives in congress, or for any State office shall be printed upon
any official ballot used at any primary unless he filed along with
his declaration of candidacy as petition therefor signed by two
hundred and fifty qualified voters of the congressional district of
the candidate for house of representatives and of the State at large
With respect to a candidate for United States senate or any State
office, each signature to which has been witnessed by a person whose
affidavit to that effect is attached to the petition. Nor shall the
name of any candidate for the general assembly, or for any city
or county office be printed upon any official ballot used at any pri-
mary unless he filed along with his declaration of candidacy a peti-
tion therefor signed by fifty qualified voters of his city or county
witnessed as aforesaid and with like affidavit attached thereto.
10. VUandidates for nomination shall file their declarations with
the chairman or chairmen of the several committees of the respec-
tive parties, and it shall be the duty of such chairman or chairmen
to furnish to the electoral boards charged with the duty of pre-
paring and printing the primary ballots the names of the candidates
{o be printed thereon.
ll. Expense of candidates.—No person, in order to aid or pro-
mote his nomination to any public office at any primary provided
for by this act, shall, directly or indirectly, himself or through an-
other person, give, pay, expend or contribute any money or other
Valuable thing except for expenses herein expressly allowed and
ho others, or make any promise to any person as a condition upon
Which that person’s vote or support is given. The permitted ex-
Penses shall include only expenses directly incurred and paid by
4 candidate for traveling and for purposes properly incidental to
traveling, and for writing, printing, and preparing for transmission
any letter or circular or any advertisement in any newspaper, mag-
azine, or other periodical, whereby he states his position or views
on public questions and requests the suffrage of the voters; for
stationery, postage, telegraph 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
misdemeanor, and, upon conviction, shall be fined not less than one
hundred and not more than five hundred dollars. Such conviction
shall disqualify such persons from voting or holding office in this
State for five years thereafter.
12. Regulating publications in newspapers.—It shall be unlaw-
ful 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 corporation, any money or other valuable consideration for such
newspaper, magazine or other periodical supporting or advocating
the election or defeat of any candidate or candidates at any primary
election. Any such owner, proprietor, editor, manager, officer,
clerk, agent, reporter or employee of any newspaper, 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 hun-
dred dollars nor more than five hundred dollars for each offense.
Provided, however, that nothing herein shall prevent any person
or persons, firm or corporation engaged in the publication of any
newspaper, magazine or periodical from receiving from any person
for publication and publishing any matter, article or articles advo-
cating the election or defeat of any candidate or candidates and
receiving from such person a compensation therefor, if such article
so published or printed have placed at the beginning thereof in
plain type in black face Roman capitals in a conspicuous place the
statement, “Paid advertisement.”
13. Statement of candidates.——Every candidate for nomination
under the terms of this act shall, within twenty days after the day
of holding the primary 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
constituted, 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 ex-
pense for which the sums were expended. If any money or other
consideration has been paid or promised to any newspaper, maga-
zine or other periodical, the name of such newspaper, 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 examination 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.
14. Penalties for failure to make statement.—Any 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 fourteen 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 prom-
ised, shall be guilty of a misdemeanor, and upon conviction thereof
shall be fined not less than twenty dollars or more than five hundred
dollars.
15. Expenses of candidates limited in amount.—No candidate
for any office at any primary shall spend for any purpose whatever,
a larger sum 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 person is a candidate at such primary;
provided, however, in legislative districts where more than six
candidates are to be nominated for the general assembly, no can-
didate for the general assembly shall spend more than forty per-
centum of the salary to be paid him if elected. Any person violat-
ing the provisions of this section shall be guilty of a misdemeanor,
and upon conviction 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.
16. No person shall solicit, request, demand, directly or in-
directly, any money, intoxicating liquor or anything of value tq
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 conviction shall disqualify such person from voting in this
State for five years thereafter.
17. Primary ballots and poll books.—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 electoral .
boards. These ballots shall be official and shall be composed, ar-
ranged, printed and provided in the same manner as the official
election ballots except that across the head of each official primary z
ballot shall be printed in plain black type the date of the primary, «.
the name of the political party, the names of whose candidates are
printed thereon, and immediately underneath the following words:
“Primary election ballot.” The number of ballots printed for each
party participating in the primary shall be equal to twice the num- 4
ber of qualified voters.
18. Poll books and ballot boxes.—There shall be two poll books h
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 the words the name of the party which uses the same. Two
poll books shall be provided for each party participating in the “e
primary, and each poll book shall bear conspicuously upon its cover
the name of the party whose voters are recorded therein.
Tally Sheet. cs
for (name of party) for the ............... cc cece precinet, «,
in the county of ................. for a primary held on........
day of .............006. A.D
The names of candidates for nominations shall be placed on the
tally sheets of each political party by the primary clerks in the order
in which they appear on the primary ballot.
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.
19. Ballots; how canvassed and certified—Poll books and ©,
ballots to be sealed; when and by whom delivered to clerk; where
kept; if returns not made, how obtained. After canvassing the
votes, the judges, before they adjourn, shall put under cover the
poll books, seal the same, and direct them to the clerk of the circuit
court of the county or clerk of the corporation or hustings court of
the corporation or hustings (as the case may be) in which the ele¢-
tion is held, and the poll books thus sealed and directed (together
with the ballots strung, 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 inspect the same. The clerk to whom the ballots
are delivered, as aforesaid, 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 °
contested elections or unless they become necessary to be used 1 ;.
evidence, and then only on the order of the court given jurisdiction
of such contest, or as otherwise provided in this act. The judges °
election shall be responsible for all the primary ballots delivered to
them, and shall return to the clerk of the circuit court of the county
or the corporation or hustings court of the corporation (as the case
may be) all unused ballots, including those not voted and those
spoiled by votes while attempting to vote. Said clerk shall give his
receipt for such unused ballots and shall retain the same in his office
as provided in respect of ballots which have been voted. If from
any cause the judges of election shall fail to make return as pro-
vided by this section, within the time limited by section twenty of
this act for the commissioners to meet and open the returns, it snall
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
compensation as a judge of elections for such services.
20. How commissioners of election appointed; when to meet
and open returns; how vacancies supplied.
The electoral board in each county and city shall at the time
they appoint judges and clerks of election designate five of the
judges so appointed to act as commissioners, who, or any three of
whom, shall constitute a board, which shall elect one of their number
secretary, whose duty it shall be to meet at the clerk’s office of the
county or corporation for which they are appointed, on the second
day (Sunday excepted) after any primary election held therein,
and proceed to open the returns which shall have been made at that
office; and the said commissioners shall ascertain from the returns
the candidates who have received the greatest number of votes in
the county or corporation. The result as so ascertained shall be
reduced to writing and signed by a majority of the commissioners
present and constituting such board, and attested by the secretary,
and shall be annexed to the abstract of votes cast at such election,
as provided for in section twenty-b. 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 commissioners in
attendance shall select from the voters of the county or corporation,
as the case may be, one or more persons having the qualification of
judges of election, who shall act as commissioner or commissioners.
The electoral boards of the respective 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 ap-
pointed under this section to fill a vacancy in the board of com-
missioners, shall, before entering upon the discharge of his duties
as commissioner, take an oath before some one authorized to ad-
Minister oaths, to faithfully discharge his duties as commissioner,
and when so sworn shall have all the power and authority, and be
subject to all the penalties of a judge of election. The fact of the
appointment being made, and the oath taken, shall be noted by the
secretary at the foot of the abstract of votes provided for in section
twenty-c.
20-a. How irregularities in returns corrected.—If it shall appear
to any board of election commissioners, in determining the candi-
dates who have received the greatest number of votes, that irregu-
Jarities 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 re-
quisite, to appear before the 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 sum-
mons 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.
20-b. Abstracts of votes to be made out and certified in nomina-
tion of United States senators; members of the house of representa-
tives of the United States; members of the general assembly, and
State and other officers: to whom forwarded.—As soon as the com-
missioners aforesaid shall determine the persons who have received
the highest number of votes for nomination to any such office, the
secretary shall immediately make out abstracts of the votes cast for
United States senators, members of the house of representatives,
State officers, members of the general assembly, county, city and
district officers (as the case may be) which abstracts being certified
and signed by said commissioners and attested by the secretary
shall be deposited in the office of the clerk of the court, under seal,
and certified copies thereof shall be placed in an envelope by said
secretary and forwarded by registered mail as follows: For United
States senator and State officers to the secretary of the Common-
wealth; as to members of the house of representatives of the United
States, to the chairman of the congressional district committee; in
case of a State senator to the chairman or several chairmen, as the
case may be, of the county or counties and cities composing the
senatorial district; in cases of a delegate, to the chairman, or several
chairmen, of the county or counties and cities comprising the house
district; and in the case of county and city and district officers to
the chairman of the county or city; and the said secretary shall
endorse on the back of the envelope in which said certified copies
are enclosed: “Copy of the-abstract of votes cast in the primary
election in............ cece e eee county (or city as the case may be)
OD sisaiaeiasewemareew vem nineteen hundred and ........... 7
Any secretary wilfully violating any of the provisions of this
section shall be punished by a fine of not less than one hundred dol-
lars nor more than one thousand dollars, or by confinement in jail
for a period of not less than thirty days or more than six months.
And the chairman or chairmen in the several instances aforesaid
shall ascertain and publish in some newspaper in the district, county
or city the names of the persons receiving the nomination. If from
any county, city or congressional district the abstract of votes shall
not have been received within eight days after any primary by the
chairman or chairmen of the party holding the election, he or they,
as the case may be, shall dispatch a messenger to obtain a copy of
the same from the secretary of the board of election commissioners,
and the expense thereof shall be borne by the council of the city or
the board of supervisors of the county wherein the delinquent sec-
retary resides.
20-c. When a secretary to make out and deliver certificate of
nomination.—The secretary shall immediately make out, in pursu-
ance of the determination of the commissioners, a certificate of the
the votes cast for each of the candidates, the house of delegates,
county or city officers. Any secretary wilfully violating the pro-
visions of this section shall be punished by a fine of not less than
one hundred dollars nor more than one thousand dollars, or by con-
finement in jail for a period of not less than thirty days nor more
than six months. .
20-d. The secretary of the Commonwealth shall lay the certi-
fied abstract aforesaid before the State board of canvassers whom he
shall convene for the purpose not later than ten days after their
reception, and they shall open and tabulate the said returns and de-
clare the nominees in manner and form as they do in general elec-
tions.
20-e. If abstracts not forwarded, messenger to be sent for them.
If from any county or city the abstract of votes shall not have been
received within twelve days after any State primary election by the
secretary of the Commonwealth, he shall dispatch a special messen-
ger to obtain a copy of the same from the secretary of the board of
election commissioners; and said secretary shall immediately, on de-
mand 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.
The said special messenger shall receive for his services and mile-
age, same compensation and mileage provided for a special mes-
senger under section forty-one of the general election laws, to be
paid upon warrant of the board of supervisors or council of the
city, on the treasurer of such county or city to be paid by him out
of such funds as may be provided for the expenses of said election.
20-f. False entries, et cetera—Any person who is guilty of
stealing, wilfully, fraudulently and wrongfully breaking, destroy-
ing, mutilating, defacing, falsifying, or unlawfully moving, secur-
ing or detaining the whole or any part of any ballot box, or any
record, primary poll book, tally sheet or copy thereof, or the returns
or any other paper or document required to be used in holding elec-
tions, or who shall fraudulently make any entry, erasure or altera-
tion therein, or who fraudulently permits any other person to do so,
shall be guilty of a misdemeanor, and upon conviction thereof,
shall be fined not less than two hundred dollars nor more than one
thousand dollars, and be confined in jail not more than sixty days,
and such conviction shall disqualify such person from voting or
holding office in this State thereafter.
21. Expense of primary; how paid.—The necessary expenses
incident to holding and conducting primaries, such as the payment
of judges and clerks of election, necessary stationery and supplies,
rent of polling places, furnishing and distributing ballot boxes and
poll books, delivering poll books, printing and providing ballots,
and other like expenses shall be paid as expenses of elections are
paid.
22. When no primary shall be held ——Whenever within the time
prescribed by this act there is only one declaration of candidacy for
the nomination for any office, the name of the person filing such
declaration shall be declared the nominee of his party for the office
for which he has announced his candidacy. No primary shall be
held for the nomination of candidates to offices, the nomination to
which the party authorities, acting within the discretion vested in
them by this act, shall require to be made otherwise.
23. How primaries may be contested.—Any primary election
may be contested as follows: .
The nomination for United States senators and State officers in
the circuit court of the city of Richmond; the nomination for can-
didates for the house of representatives of the United States, State
senators, members of the house of delegates, and all county, dis-
trict and city officers in the circuit court of the county or city in
which the contestee resides.
All contests shall be conducted according to the rules of law
and equity governing contest in regular elections.
24, Duty of party authorities—It shall be the duty of the
chairman and secretary of the State central committee of every
party, by 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
Conimonwealth of the action taken by them in such regard; and
the secretary of the Commonwealth shall thereupon order the hold-
ing 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 mi-
nority 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 subordinate party
committees call a primary at a date other than the date set for the
general primary, then the expenses of the primary called by such
subordinate party committee shall be paid by the candidates them-
selves.
24-a. Every candidate for any office at any primary shall, be-
fore he files his declaration of candidacy as provided in the fore-
going sections, pay a fee equal to two percentum of one year’s
salary attached to the office for which he is candidate.
In 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 con-
tribution for the payment of the expenses of the primary shall be
fixed by the proper committee of the respective parties.
If there is no salary the fee shall be one dollar. These fees shall
be paid as follows:
(a) Candidates for United States senators, for representatives
in congress, and for all State offices shall pay such fee to the auditor
of public accounts 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; pro-
vided, that when for district officers of more than one county the
fee shall be divided equally between the counties comprising such
district and paid to the respective treasurers thereof.
24-b. The judges conducting a primary may require a con-
stable present to assist in preserving order at or near the polls, and
in his absence may appoint a special constable for the purpose afore-
said, who for the time being shall be clothed with all the powers
and subject to all the duties of a duly elected constable.
24-c. The circuit court of the county, and the hustings or cor-
poration or circuit court of the city shall have exclusive original
jurisdiction of all prosecutions for violations of this statute.
25.° This act shall go into effect on the first day of January,
nineteen hundred and fifteen.
26. All acts and parts of acts in conflict with the provisions of
this act are hereby expressly repealed.