Chap. 186.—An ACT to amend and re-enact sections 2930, 2931, 2932 and 2933
of the Code of Virginia, and to repeal an act entitled an act to amend and
re-enact sections 2 and 3 of an act entitled an act to amend and re-enact
an act entitled an act to provide for change in the form of government of
cities having a population of less than 100,000, and of towns, and to provide
in what manner such cities and towns may adopt such form of government,
approved March 20, 1916, approved March 14, 1918. [H B 296]

Approved March 15, 1922.

1. Be it enacted by the general assembly of Virginia, That sec-
tions twenty-nine hundred and thirty, twenty-nine hundred and thirty-
one, twenty-nine hundred and thirty-two and twenty-nine hundred and
thirty-three of the Code of Virginia be amended and re-enacted so
as to read as follows:

Section 2930. Provisions for the submission of the question of
change of form of government to the electors—Upon the petition
of electors, equal in number to at least ten per centum of those
qualified to vote at the last preceding general election at.which a
mayor or council was elected, and specifying the particular form
of government permitted under this act, and which they wish to adopt
including the number of councilmen, and whether they are to be
elected at large or by wards, and whether they are to receive com-
pensation for their services or not, presented to the circuit court
having jurisdiction over such city or town, or to the judge thereof in
vacation, asking that an election be held as herein provided, such
ourt, or judge, shall pass an order entered in term time or vacation,
lirecting the proper election officers of such municipality to take such
teps and prepare such means as may be necessary to submit to the
yualified voters of such municipality for determining the question
whether such proposed change in the form of government shall be
adopted or not ; and the court or judge shall make such order as may
»e proper to give due publicity to such election, the same to be held
not less than thirty nor more than ninety days after the entry of
the order by the court or judge. If there be no circuit court in any
such city, then such petition shall be presented to the corporation or
hustings court or judge thereof in vacation. Accompanying the pe-
tition of said electors there shall be a certificate from the clerk in
whose office there is now required to be filed a list of qualified voters,
which shall show the number of persons qualified to vote at the last
preceding regular June election for municipal officers. If the list so
filed in the office of such clerk shall not contain the names of persons
who are not required to pay their poll tax in order to vote, then there
shall likewise accompany such petition a certificate from the regis-
trars giving the number of persons who were qualified to vote at said
election and not on the list filed with such clerk.

Such election shall be conducted in the manner prescribed by law
for the conduct of regular elections and by the regular election officers
of said municipality. The election shall be by secret ballot, and the
ballots used shall contain the following, “For proposed change in form
of municipal government’ ; “Against proposed change in form of mu-
nicipal government” ; and the drawing of a line through the words
“for” or “against” or any part thereof, shall be sufficient to indicate
the wishes of the persons voting. Returns of the election shall be
certified by the commissioners of election, or their clerk, to the court,
or the judge thereof in vacation; and if it shall appear that the pro-
posed change has not been adopted by a majority vote of the qualified
electors, an order shall be entered of record accordingly, and no
other election for any change in the form of government of such city
or town shall be held within two years after such election; but if the
said proposed change is adoptel by a majority vote of the qualified
electors, the court or judge thereof, shall enter an order accordingly,
a copy of which shall be forthwith certified by the clerk of such court
to the council of such city or town for recordation upon its journal.
Should there be more than one petition filed with the court or judge,
asking for the adoption of different provisions of this act, he shall
order an election upon the plan having the greatest number of voters
petitioning for the same.

Any such election may be contested and the proceedings for all
such contests shall conform, as near as may be, to the provisions of
section twenty-seven hundred and fifty-four.

Section 2931. The election and terms of officers as to towns.—The
election of the mayor and the members of the council of any town
adopting such change in its form of government, shall be held at the
next regular election for mayor and members of the council of such
town; and the mayor and members of the council so elected shall
enter upon their duties upon the first day of September following their
election, and shall serve until their successors shall have been elected
and shall have duly qualified. The terms of mayor and members of
town council elected hereunder, and their successors, shall be for a
period of two years, and until their successors shall have been elected
and qualified:

Section 2932. The election of members of the council in cities —
The election of members of the council of any city adopting such
change in its form of government, shall be held at the next regular
election for mayor and members of the council for such city; and
the members of the council so chosen shall enter upon their duties
on the first day of September following their election. And the terms
of all hold-over members of the council shall cease and be determined
on said first day of September following said election. If, however,
more than two years shall elapse between such special elections adopt-
ing such change in the form of government in such city, and the next
regular election for mayor and council, then the election of the mem-
bers of the council herein provided for shall be held at the next
regular June election for members of the council for such city; and
the members of the council so chosen shall be elected for a term of two
years, commencing on the first: day of September following the elec-
tion. The terms of the councilmen. who would otherwise hold over
shall cease and be determined on that date, but the successors of such
two year councilmen, elected at the next regular election, and the
next successors of all councilmen now serving hereunder shall be
elected at the time and in the manner provided by general law, but the
successors of such two year councilmen, who shall be elected at
the next regular election, and the successors of all councilmen now
nolding office under the provisions of this act in any city, as well as
all councilmen elected at the first election hereafter held for council-
men hereunder in any city that has already, or may hereafter adopt
such change in its form of government, shall by drawing lots be
divided into two groups of equal numbers, or as nearly equal numbers
as possible, one of which groups shall serve for two years and until
their successors shall have been elected and qualified, and the other
group shall serve for four years and until their successors shall have
been elected and qualified, but the successors of all councilmen whose
division into groups is herein provided for, as well as all other council-
men to be elected by any city adopting such change in its form of
government, whose division into groups is not herein provided for,
shall serve for a term of four ‘years, and until their successors shall
have been elected, and shall have qualified, and all elections to be
held under this act shall be held at the time and in the manner pro-
vided for by general law.

Section 2933. How vacancies in council filled—If any vacancy
occur in the membership of any council herein provided for, the re-
maining members shall fill said vacancy for the unexpired term;
provided, however, that should either the plan of government as set
out in section twenty-nine hundred and thirty-eight, and described
as “Modified commission plan,” or the plan set out in section twenty-
nine hundred and forty-two, and described as “City manager plan,”
be adopted, then the first election to be held thereunder shall be at
the next regular June election for mayor and members of the council,
or of members of the council, whichever shall first occur thereafter ;
the officers so chosen shall enter upon their duties on the first day of
September following. And the terms of all the members of the old
council of such cities, whether they be hold-over members or not, as
well as of the mayor (if his term has not then expired) shall cease
and be determined on said first day of September following such
election. And the term of office of all officers and employees there-
tofore appointed or elected by the old council shall in like manner
cease and determine on said first day of September.

Z. An act entitled an act to amend and re-enact sections two
and three of an act entitled an act to amend and re-enact an act
entitled an act to provide for change in the form of government of
cities having a population of less than one hundred thousand, and
of towns, and to provide in what manner such cities and towns may
adopt such form of government, approved March twentieth, nineteen
hundred and sixteen, approved March fourteenth, nineteen hundred
and eighteen, is hereby repealed.