Chap. 160.—An ACT to amend and re-enact Sections 155, as heretofore amended,
157 and 162 of the Code of Virginia, relating to the printing and marking of
election ballots, so as to provide for affirmative voitng. [H B 72]

Approved March 12, 1936

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

Section 155. How and when ballots printed—lIt 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
notified 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 number of ballots
equal to twice the entire registered vote of the said county or city.

In the magisterial districts of a county or wards of a city, only the
names of the candidates to be voted for in said district 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 bal-
lots shall be plain roman type, not smaller than pica. Immediately
to the left and on the same line with the name of each candidate
shall be printed a square, not less than one-quarter, nor more than
one-half an inch in size, printed thus: ,

[] JOHN DOE

In elections for president and vice-president, immediately to the
left and on the same line with the name of each candidate for pres-
ident shall be printed a like square, but no square shall be printed on
the same line with the name of the elector of any candidate for vice-
president or president.

Hereinafter 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 157. Elections for President and Vice-President—In
elections for President and Vice-President of the United States the
names of electors selected by the different political parties, together
with the names of the candidates for whom they are expected to vote
in the electoral college, shall be furnished to the Secretary of the
Commonwealth by any person or persons representing said parties
at least thirty days before any election for the said electors of Pres-
ident and Vice-President of the United States; and thereupon it shall
be the duty of the Secretary of the Commonwealth to immediately
notify the secretary of the electoral board of each county and city
of the State; and it shall then become the duty of the electoral boards
of the several counties and cities within the State, within twenty
days preceding such election, to cause to be printed on the official
ballot provided for in this chapter the name of each candidate for
President and Vice-President of each political party, and the names
of the electors nominated by the political party of such candidates ;
and the qualified voters at said election shall designate their prefer-
ence for any candidates for President and Vice-President by marking,
as provided in section one hundred and sixty-two, the square preced-
ing the name of the candidate for President, and the ballots so marked
shall be counted as if squares preceding the names of the candidate
for Vice-President and of the individual electors nominated or se-
lected by the same political party had been so marked.
Section 162. Method of voting—Every elector qualified to vote
at a precinct shall, when he so demands, be furnished with an official
ballot by one of the judges of election selected for that duty by a
majority of the judges present. The said elector shall then take the
said official ballot and retire to said voting booth. He shall then
mark immediately preceding the name of each candiate he wishes to
vote for a check (V) or a cross (X or +) mark or a line (—) in
the square provided for such purpose, leaving the square preceding
the name of each candidate he does not wish to vote for unmarked.

No ballot, save an official ballot especially prepared as provided
for in this chapter, shall be counted for any person. The elector
shall fold said ballot with the names of the candidates on the inside
and hand the same to the judge of the election, who shall place the
same in the ballot box without any inspection further than to assure
himself that only a single ballot has been tendered and that the ballot
is a genuine ballot, for which latter purpose he may, without looking
at the printed inside of said ballot, inspect the official seal upon the
back thereof; but it shall be lawful for any voter to place on said
official ballot in writing, the name or names of any person or persons
for any office for which he may desire to vote and mark the same
by a check (V) or cross (X or +) mark or a line (—) immediately
preceding the name inserted.