Chap. 427.—An ACT to amend and re-enact section 148 of the Code of Virginia.
{H B 140]
Approved March 21, 1924.

1. Be it enacted by the general assembly of Virginia, That section
one hundred and forty-eight of the Code of Virginia be amended and re-
enacted so as to read as follows:

Section 148. 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 Constitu-
tion, in May, nineteen hundred and nineteen, and in each year there-
after, to appoint three competent citizens, being qualified voters, whose
terms of office shall begin on the first of June following their appoint-
ment, who shall constitute 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 appointed, and shall at the same time appoint
two clerks for each place of voting, whose terms of office shall be coin-
cident with the judges, to whom shall be administered by 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 elec-
tion, each of whom shall be able to read and write, and whenever the
local party authorities of the party casting the next highest number of
votes at the last preceding general election shall nominate for any
voting place five qualified voters who are members of that party and
qualified to act as judges of election, it shall be the duty of the electoral
board to appoint one of such persons to serve as judge of election at
such voting place for the term prescribed by law; provided, however,
that such nominations shall be communicated to the electoral board
at least ten days prior to the time prescribed by law for the appoint-
ment of judges of election. The members of any electoral board who
shall wilfully 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 elec-
toral board; but if the judge or judges present have information 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 or refuse to attend or to act at
the place of voting for one hour after the time prescribed by law for
opening 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 dis-
trict, 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, for one
hour after the time prescribed by law for opening the polls at such elec-
tion, 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 authority 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.