Chap. 186.—An ACT to amend and re-enact section 247, as heretofore amended,
and section 267 of the Code of Virginia, relating to how primary elections,
and elections of county, corporation and district officers contested, respectively,
so as to provide for the taxing of costs in such contests. [S B 179]

Approved March 13, 1936

1. Be it enacted by the General Assembly of Virginia, That section
two hundred and forty-seven as heretofore amended, and section two
hundred and sixty-seven of the Code of Virginia, be amended and re-
enacted so as to read as follows;
Section 247. 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, or before the judge thereof
in vacation, and all such contests shall be held and conducted accord-
ing to the provisions of section two hundred and sixty-seven of the
Code of Virginia. Qualified voters who participated in such primary
and domiciled anywhere in the State shall be eligible to initiate said
contest by signing the complaint; the nomination for candidates for the
House of Representatives of the United States, State senators, mem-
bers of the House of Delegates, and all county, district and city officers
in the circuit court of the county or city in which the contestee resides,
or before the judge of any such court in vacation.

And all such contests shall be held and conducted according to the
provisions of section two hundred and sixty-seven of the Code of Vir-
ginia, providing how regular elections of certain officers may be cen-
tested. The complaint initiating said contest shall be signed by qualified
voters who participated in such primary and who are domiciled in the
district, political sub-division, or territory, from which the candidates
involved were entitled to receive votes.

All contests shall be conducted according to the rules of law and
equity governing contests in regular elections, as provided by section
two hundred and seventy-seven. If the contest be before a judge in
the vacation of his court, such judge shall have all the powers and
jurisdiction that he would have in term, and any judgment rendered
or order made by him in vacation shall have the same force and effect
as if rendered or made in term.

Section 267. How Election of County, Corporation, and District
Officers Contested; Costs——The returns of elections of county, cor-
poration and district officers shall be subject to the inquiry, deter-
mination and judgment of the circuit court of the county or corpora-
tion court of the city wherein the election was held, upon the complaint
of fifteen or more qualified voters of such county, corporation or dis-
trict, of an undue election or false return. If the objection be the
legality of the election or eligibility of the person receiving the cer-
tificate, the complaint shall so state, and the nature of the objection.
If the objection be on the ground of votes received or rejected, the
complaint shall set forth a list of such as were improperly received,
with the objections to each, and of the votes improperly rejected. Two
of the persons making the complaint shall take and subscribe on oath
that the facts therein stated are true to the best of their knowledge and
belief. The complaint shall be filed in the clerk’s office of the circuit
court of the county or corporation court of the city, and a copy thereof
served, as a notice is served within fifteen days after the election, on
the person whose election is contested, otherwise the complaint shall not
be valid. Such person shall, within ten days after the copy is served
on him as aforesaid, file in the clerk’s office a counter complaint, in
which he shall set forth a list of all the votes which he will dispute,
with the objections to each, and of the votes improperly rejected which
he will claim, and a statement of the objections, if any he has, to the
person in whose behalf the contest is made. If no such counter com-
plaint be filed within the time prescribed, the person whose election is
contested shall not be heard to assert any claim or objection which is
herein required to be stated in such counter complaint. After service of
a copy of the complaint as aforesaid, either party, after reasonable
notice to the adverse party, shall be at liberty to take depositions to
sustain or invalidate the election or return, and unless good cause be
shown for a continuance, the court, at the next term, shall proceed
to determine the contest without a jury, on the testimony thus taken
and upon any other legal testimony that may be adduced by either
party. In judging of such election or return, the court shall proceed
on the merits thereof and decide the same according to the Constitu-
tion and laws. When the contest is decided, costs shall be taxed against
the unsuccessful party, for which purpose the persons making the com-
plaint shall be deemed to be parties, and a certificate of election shall
be granted to the successful party, unless he shall have already received
one. If, however, the court shall be of the opinion that there has been
no valid election of any person, the proceedings shall be in conformity
with section one hundred and thirty-six.