Chap. 286.—An ACT to amend and re-enact Sections 247, as amended, 264, 265,
and 267 as amended, of the Code of Virginia, and to repeal Section 266 of the
Code of Virginia, the amended and repealed sections relating to contests of
certain elections. [H B 73]

Approved March 26, 1946

Be it enacted by the General Assembly of Virginia:

1. That sections two hundred forty-seven as amended, two hun-
dred sixty-four, two hundred sixty-five, and two hundred sixty-seven as
amended, of the Code of Virginia be amended and re-enacted, as follows:

Section 247. How primaries may be contested.—In the case of a
nomination of a candidate for election to the United States Senate, or for
election to any State office, the proceeding shall be in the circuit court of
the City of Richmond before a special court composed of the judge of such
circuit court and two judges of circuit or corporation courts of counties
or cities in this State not contiguous to the City of Richmond, appointed
by the Chief Justice of the Supreme Court of Appeals, or, in the event of
his inability to act, then by the next senior justice of such court. All such
contests shall be held and conducted according to the provisions of sec-
tion two hundred 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 the contest by signing the complaint.

In the case of a nomination of a candidate for election to the House
of Representatives of the United States, the State Senate, the House of
Delegates, and to any county, district or city office, the proceeding shall
be in the circuit court of the county or corporation court of the city in
which the candidate resides before a special court composed of the judge
of such circuit or corporation court and two judges of circuit or corpora-
tion courts of counties or cities remote from the county or city in which
such candidate resides, appointed by the Chief Justice of the Supreme
Court of Appeals, or, in the event of his inability to act, then by the next
senior justice of such court. All such contests shall be held and conducted
according to the provisions of section two hundred sixty-seven of the
Code of Virginia. The complaint initiating the contest shall be signed by
qualified voters who participated in such primary and who are domiciled
in the district, political subdivision or territory from which the candidate
involved was entitled to receive votes.

All contests under the provisions of this section shall be conducted
according to the rules of law and equity governing contests in regular
elections, as provided by section two hundred sixty-seven of the Code.

Section 264. Contested elections of Governor, Lieutenant-Gov-
ernor and Attorney General.—In all contested elections of Governor,
Lieutenant-Governor, and Attorney General, notice of such contest shall
be given to the party whose election is contested within fifteen days after
the declaration of the result of such election shall have been officially
made, and a counter notice shall be given to the contestant within ten
days after the receipt of the notice of contest. Depositions shall be taken
and certified to the clerk of the House of Delegates in contest for Gov-
ernor, Lieutenant-Governor, and Attorney General, as prescribed in
contests for seats in the General Assembly, and the witnesses shall be
summoned and entitled to like allowances and privileges, and be subject
to like penalties as witnesses summoned to attend the circuit or corpora-
tion courts.

Section 265. How contest determined in case of Governor, Lieu-
tenant-Governor, and Attorney General.—Contested elections, in the
cases of Governor, Lieutenant-Governor, and Attorney General, shall be
determined by the General Assembly, both branches thereof sitting in
joint session in the hall of the House of Delegates, at which joint session
the Speaker of the House of Delegates shall preside.

Section 267. How election of county, corporation, and district of-
ficers contested; costs —The returns of election of county, corporation
and district officers shall be subject to the inquiry, determination and
judgment of the circuit court of the county or corporation court of the
city wherein the election was held, upon the complaint of fifteen or more
qualified voters of such county, corporation or district, of an undue elec-
tion or false return. The court shall be composed of the judge of the
court in the clerk’s office of which the complaint is filed and two judges
of circuit or corporation courts of counties or cities remote from the
county or city in which the candidates reside, appointed by the Chief
Justice of the Supreme Court of Appeals or, in the event of his inability
to act, then by the next senior justice of such court. If the objection be
the legality of the election or eligibility of the person receiving the certifi-
cate, 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 objec-
tions 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 complaint be filed within the time prescribed.
the person whose election is contested shall not be heard to assert anv
claim or objection which is herein required to be stated in such counter
coniplaint. 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
cus. 286, 287 | ACTS OF ASSEMBLY 487

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 Constitution and
laws. When the contest 1s decided, costs shall be taxed against the un-
successful party, for which purpose the person making the complaint
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.

2. Section two hundred sixty-six of the Code of Virginia is hereby
repealed.