Chap. 340.—An ACT to amend and re-enact Section 2773-f 1 of the Code of
Virginia providing for the election of members of the governing bodies of
certain counties so as to provide for certain changes in the time of electing such
members, the expiration of their terms, how vacancies may be filled; and
providing for an election to determine the sense of the qualified voters thereon.

[H B 322]
Approved March 27, 1946

Be it enacted by the General Assembly of Virginia:

1. That section twenty-seven hundred seventy-three-f one of the
Code of Virginia, be amended and re-enacted, as follows:

Section 2773-f 1. (a) Notwithstanding the provisions of sections
twenty-seven hundred and seventy-three-f and twenty-seven hundred and
seventy-three-n of this chapter, if, in any county operating under the
county manager plan provided for in sections twenty-seven hundred and
seventy-three-a to twenty-seven hundred and seventy-three-n, both in-
clusive, of this chapter, a majority of the qualified voters voting in the
election held as provided in subsection (d) of this section shall vote in
favor of the election of the members of the county board and the filling
of vacancies on the said board, as hereinafter provided in this section,
then upon the entry of an order by the circuit court of the county, or the
judge thereof in vacation, setting forth the results of such election, the
said members of the county board shall thereafter be elected and vacancies
on the said board shall be filled, as provided in this section.

(a-1) Notwithstanding the provisions of subsection (a) if a ma-
jority of the qualified voters voting in the election held as provided in
subsection (d) hereof vote in favor of the election of the members of the
county board as provided by subsection (f) hereof then upon the entry
of an order by the circuit court of the county or judge thereof in vaca-
tion, setting forth the results of the election the members of the county
board shall thereafter be elected as provided in subsection (f) hereof.

(b) Each of such members shall take office on the first day of Janu-
ary aiter his election and shall hold office until his successor is elected
and qualified. Thereafter at each regular November election there shall
be elected one or more members of the county board to succeed the
member or members whose terms expire on or before the first day of
January next succeeding such election; the members so elected shall be
elected for terms of four years each and shall take office on the first day
of January next succeeding their election.

(c) When any vacancy shall occur in the membership of the county
board, the judge of the circuit court of the county shall, if the term of
the office wherein the vacancy exists shall continue for one year or more
after the next succeeding regular November election, issue a writ of elec-
tion to fill such vacancy, the said election to be held at the next regular
November election; the member so elected shall hold office for the unex-
pired term. The said judge may make a temporary appointment to fill
such vacancy until the same is filled by election as herein provided, or in
the event no election be required to fill such vacancy, then until the ex-
piration of the term of such office. |
~ (d) The election to determine whether the members of the county
board shall be elected as provided in subsection (f) of this section, shall
be called and held as follows:
If two hundred or more qualified voters in any such county shall on
or before the first day of August, nineteen hundred forty-six, file a peti-
tion with the circuit court of the county, or the judge thereof in vacation,
asking that a referendum be held on such question, the court or the judge
thereof in vacation, shall, on or before the first day of September, nine-
teen hundred forty-six, by an order entered of record, require the election
officials of the said county at the regular election to be held in November,
nineteen hundred forty-six, to open a poll and take the sense of the
qualified voters of the county on the question as herein provided. The
clerk of the county shall cause a notice of such election to be published
in some newspaper, published or having a general circulation in the
county, once a week for three consecutive weeks, and shall post a copy
of such notice at the door of the court house of the said county. The
regular election officials of the county, at the time designated herein, shall
open the polls at the various voting places in the county and conduct the
election in such manner as is provided by law for other elections, in so
far as the same is applicable. The election shall be by separate ballot,
which shall be prepared by the electoral board and distributed to the
various election precincts as in other elections.

(e) The ballots to be used shall be printed to read as follows:

Shall the members of the county board be elected every four years
as provided in subsection (f) of section twenty-seven hundred and sev-
enty-three-f one of the Code of Virginia?

O For

O Against

The squares to be printed in such ballot shall not be less than one
quarter nor more than one-half inch in size.

Any person voting at such election shall place a check (\/) or a
cross mark (-+ or X<) ora line (—) in the square before the appropri-
ate word indicating how he desires to vote on the question submitted.

The ballots shall be counted, returns made and canvassed as in
other elections and the results certified by the commissioners of election
to the circuit court of the county or the judge thereof in vacation. The
said court, or the judge thereof in vacation, shall thereupon enter of
record the results of such election.

(f) If the result of the election held as provided in subsections (d)
and (e) hereof be for the election of the members of the county board
as provided in this subsection then the provisions of this subsection shall
supersede all other provisions of this section and the members of the
county board shall be elected as hereinafter set forth.

(1) The successors to the members whose terms expire in nineteen
hundred forty-seven shall be elected for a term of three years; the suc-
cessors to the members whose terms expire in nineteen hundred forty-
eight shall be elected for a term of two years; the successors to the mem-
bers whose terms expire in nineteen hundred forty-nine shall be elected
for a term of one year; all such members to be elected in the November.
general election of the years in which the respective vacancies occur ; and
all terms to begin January one of the respective years following such
elections.
(2) Thereafter, successors to all members whose terms expire in
nineteen hundred fifty shall be elected at the November election in such
year for a term of four years beginning on January one, following, and
every four years thereafter.

(3) Vacancies except by expiration of term shall be filled as pro-
vided by subsection (c) hereof.

2. An emergency exists and this act is in force from its passage.