Chap. 160.—An ACT to amend and re-enact sections 154, 155 and 156 of the
Code of Virginia, as heretofore amended, relating to elections and duties of
candidates and printing of ballots. [H B 315]

Approved March 24, 1934

1. Be it enacted by the General Assembly of Virginia, That sec-
tions one hundred and fifty-four, one hundred and fifty-five and one
hundred and fifty-six of the Code of Virginia, as heretofore amended,
be amended and re-enacted so as to read as follows:

Section 154. Duty of candidates for office—Any person who intends
to be a candidate for any office, State or national, to be elected by the
electors of the State at large or of a congressional district, shall, at least
sixty days before such election, if it be a general election, and at least
thirty days before such election, if it be a special election, or within five
days after the issuance of any writ of election or order calling a special
election to be held less than thirty-five days after the issuance of such
writ or order, notify the Secretary of the Commonwealth, in writing,
attested by two witnesses, of such intention, designating 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 some officer authorized to take acknowledgments to deeds and
in the same manner. Any person who intends to be a candidate for any
office not embraced in the foregoing, at any election, shall give notice at
least sixty days before such election, if it be a general election, and at
least thirty days before such election if it be a special election, or within
five days after the issuance of any writ of election or order calling a
special election to be held less than thirty-five days after the issuance
of such writ or order, to the county clerk or clerks of the county or
counties, and to the clerk or clerks of the corporation courts of 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 Commonwealth. No person not an-
nouncing his candidacy as above, or who is not qualified to vote in the
election in which he offers as a candidate, shall have his name printed
on the ballots provided for such election, unless he be a party primary
nominee. On receipt of the foregoing notice it shall be the duty of
the Secretary of the Commonwealth to notify the secretary of each
electoral board of each county and city of the State or of said congres-
sional district, and it shall be the duty of said clerk or clerks to notify
the secretary of the electoral boards of their respective counties and
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, and
upon the failure or refusal of said clerk or clerks to immediately certify
to said electoral board the name of each and every candidate which has
been duly filed, the judge of the circuit or corporation court may upon
motion of any candidate affected immediately certify to said electoral
board the name of each and every candidate which has been duly filed.
Such clerks shall send copies of the original notices of candidacy, to the
secretary of the electoral board when they notify him. The names of
party primary nominees to be voted on in the several counties and
cities shall be furnished the secretaries of the respective electoral boards
thereof by the several persons to whom abstracts of primary elections
must be furnished under section two hundred and forty-one. When-
ever any secretary of the 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.

Section 155. How and when ballots printed.—It shall be the duty
of the electoral boards of the several counties and cities of this State,
as soon as may be practicable after the secretary shall be officially noti-
fied of the names of the candidates in any election, and at least thirty
days prior to any primary or general election, or in the case
of a special election at least thirty days prior to such election
or as soon thereafter as possible, to cause to be printed a num-
ber of ballots equal to twice the entire registered vote of the
said county or city. In magisterial districts of a county or wards
of a city, only the names of the candidates to be voted for in said dis-
trict 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. Hereafter it
shall be the duty of the said electoral boards, in preparing the ballots
for general, special and primary elections, to cause to be printed in
small type, immediately below the title of any officer for which there
appear on the ballots the names of more than one candidate, a note
stating the number of candidates who may be voted for for that office.

Section 156. Oath of the printer—The printer with whom the
board shall contract for the printing of said ballots shall, before the
work is commenced, take an oath before the secretary of said board,
who is hereby empowered to administer said oath, to the following

effect 2“, .2--.-s-seeeeeceeeeceeecennne ee nnncenneecnane , solemnly swear that I will print
(here insert number) ballots according to the instructions of the elec-
toral board of the county (or city) Of....20...22-.022--eeeee eee ; 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 perfect
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 that I will not communicate to any one
whomsoever, in any manner whatsoever, the size, style, or contents of
said ballots.”

This oath shall be reduced to writing and signed by the person tak-
ing 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 bal-
lots 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 compensa-
tion of two dollars. In cities having a population of thirty thousand or
more inhabitants, the electoral board may designate some other person
to perform such duties; such person, before entering upon the perform-
ance of such duties, shall take an oath that he will faithfully execute
the same. As soon as said ballots are printed they shall be securely
wrapped and sealed, and such member, or designated member, of the
electoral board shall take and keep them in his exclusive possession,
allowing no one to examine them until delivered to the electoral board,
as provided by law. Any violation of the provisions of this section, for
which no punishment has been otherwise provided, shall be deemed a
misdemeanor and punished by a fine of two hundred dollars and im-
prisonment for one month in jail.

Nothing herein contained shall be construed to prohibit any electoral
board from publishing or otherwise disclosing the contents, style and
size of ballots, which information electoral boards are hereby authorized
and empowered to publish or otherwise disclose.