Chap. 402.—An ACT proposing amendments to Sections 18, 19, 20, 21, 22, 23, 25,
28, 31, 35, 38 and 173 of the Constitution of Virginia and by adding two new
sections numbered 31-a and 38-a. [(H J R 22]

Approved March 20, 1946

Resolved by the House of Delegates, the Senate concurring, a ma-
jority of the members elected to each house agreeing, that the following
amendments to the Constitution of Virginia be, and the same are hereby,
proposed and referred to the General Assembly at its first regular session
held after the next general election of members of the House of Dele-
gates for its concurrence, in conformity with the provisions of section one
hundred ninety-six of the Constitution, namely :

Strike from the Constitution of Virginia section eighteen, which is
as follows:

Section 18. Qualifications of voters.—Every citizen of the United
States, twenty-one years of age, who has been a resident of the State one
year, of the county, city, or town, six months, and of the precinct in
which he offers to vote, thirty days, next preceding the election in which
he offers to vote, has been registered, and has paid his State poll taxes,
as hereinafter required, shall be entitled to vote for members of the Gen-
eral Assembly and all officers elective by the people; but removal from
one precinct to another, in the same county, city or town shall not de-
prive any person of his right to vote in the precinct from which he has
moved, until the expiration of thirty days after such removal.

The right of citizens to vote shall not be denied or abridged on ac-
count of sex.

And insert in lieu thereof the following:

Section 18. Qualifications of voters.—Every citizen of the United
States, twenty-one years of age, who has been a resident of the State
one year, and of the county, city, or town, six months, next preceding
the election in which he offers to vote, is a resident of the precinct in which
he offers to vote, was registered under the general registration of voters
during the years nineteen hundred and two and nineteen hundred and
three, or has registered since the year nineteen hundred and three and is
currently registered, shall be entitled to vote for members of the General
Assembly and all officers elective by the people; but removal from one
precinct to another, in the same county, city or town shall not deprive
any person of his right to vote in the precinct from which he has moved,
until the expiration of one hundred and twenty days after such removal.

The right of citizens to vote shall not be denied or abridged on ac-
count of sex.

No person shall at any time be required to pay any tax, assessment
or fee as a prerequisite to the right to register, renew his registration, or
vote.

Strike from the Constitution of Virginia section nineteen, which is as
follows:

Section 19. Registration of voters; those registered prior to nine-
teen hundred and four.—Persons registered under the general registra-
tion of voters during the years nineteen hundred and two and nineteen
hundred and three, whose names were required to be certified by the of-
ficers of registration for filing, record and preservation in the clerks’ of-
fices of the several circuit and corporation courts, shall not be required
to register again, unless they have ceased to be residents of the State, or
become disqualified by section twenty-three.

And insert in lieu thereof the following :

Section 19. Registration of voters; those registered prior to nine-
teen hundred and four.—Persons registered under the general registra-
tion of voters during the years nineteen hundred and two and nineteen
hundred and three, whose names were required to be certified by the
officers of registration for filing, record and preservation in the clerks’
offices of the several circuit and corporation courts, shall be currently
registered and shall not be required to register again, unless they have
ceased to be residents of the State, or become disqualified by section
twenty-three.

Strike from the Constitution of Virginia section twenty, which 1s as
follows:

Section 20 Who may register.—Every citizen of the United States,
having the qualifications of age and residence required in section eighteen,
shall be entitled to register, provided:

First. That he has personally paid to the proper officer all State poll
taxes legally assessed or assessable against him for the three years next
preceding that in which he offers to register; or, if he came of age a
such time that no poll tax shall have been assessable against him for the
year preceding the year in which he offers to register, has paid one dol-
lar and fifty cents, in satisfaction of the first year’s poll tax assessable
against him; and

Second. That, unless physically unable, he make application to
register in his own handwriting, without aid, suggestion, or memoran-
dum, in the presence of the registration officer, stating therein his name,
age, date and place of birth, residence and occupation at the time and for
the one year next preceding, and whether he has previously voted, a"
if so, the State, county, and precinct in which he voted last; and,

Third. That he answer on oath any and all questions affecting his
qualifications as an elector, submitted to him by the registration oll,
which questions, and his answers thereto, shall be reduced to writing,
certified by the said officer, and preserved as a part of his official records.

And insert in lieu thereof the following:

Section 20. Who may register—Every citizen of the United States:
having the qualifications of age and residence required in section eight-
een, shall be entitled to register, provided :

First. That, unless physically unable, he make application to ™6-
ister in his own handwriting, without aid or suggestion, in the presence
of the local board of elections or its duly authorized member or secreta'y;
stating therein his full name, age, date and place of birth, residence 2”
occupation at the time and for the one year next preceding, and W eth-
er he has previously voted, and, if so, the State, county, and precinct in
which he voted last; and,
Second. That he answer on oath any and all questions affecting
his qualifications as an elector, submitted to him by the registration of-
ficer, which questions, and his answers thereto, shall be reduced to writ-
ing and preserved as a part of the official record of the local board of
elections ; and,

Third. That he meet such tests as to literacy and such further re-
quirements as the General Assembly may prescribe.

Strike from the Constitution of Virginia section twenty-one, which
is as follows:

Section 21. Condition for voting.—A person registered under the
general registration of voters during the years nineteen hundred and two
and nineteen hundred and three, or under the last section, shall have the
right to vote for all officers elective by the people, subject to the follow-
ing conditions:

That unless exempted by section twenty-two, he shall, as a pre-
requisite to the right to vote, personally pay, at least six months prior to
the election, all State poll taxes assessed or assessable against him, under
this Constitution, during the three years next preceding that in which he
offers to vote.

If he shall have registered after the first day of January, nineteen
hundred and four, he shall, unless physically unable, prepare and deposit
his ballot without aid, on such printed form as the law may prescribe;
but any voter registered prior to that date may be aided in the prepara-
tion of his ballot by such officer of election as he himself may designate.

And insert in lieu thereof the following :

Section 21. Condition for voting—Any person registered under
the general registration of voters during the years nineteen hundred and
two and nineteen hundred and three, and any person registered since
such general registration whose registration is current, shall have the
right to vote for all officers elective by the people.

Any person who has registered since the first day of January, nine-
teen hundred and four, shall, unless physically unable, prepare his ballot
without aid; but any voter registered prior to that date, and any other
voter who is physically unable to prepare his ballot without aid, may be
aided in the preparation of his ballot by such officer of election as he
himself may designate.

Strike from the Constitution of Virginia section twenty-two, which
is as follows:

Section 22. Persons exempt from payment of poll tax as condi-
tion of right to vote.—No person, nor the wife or widow of such person,
who, during the late war between the States, served in the army or navy
of the United States, or of the Confederate States, or of any State of the
United States, or of the Confederate States, shall at any time be required
to pay a poll tax as a prerequisite to the right to register or vote. The
collection of the State poll tax assessed against anyone shall not be en-
forced by legal process until the same has become three years past due.

And insert in lieu thereof the following:

Section 22. Registration and renewals of registration ; voting lists,
how prepared and used.—(a) Every person registered since the year
978 ACTS OF ASSEMBLY [va., 1946

nineteen hundred and three shall renew such registration annually in
such manner as may be provided by law.

(b) All registration shall be before the local board of elections in
the county or city of the applicant’s residence.

(c) The local board of elections shall maintain a permanent office
at which persons desiring to register or renew registration may apply at
such times as may be provided by law. The General Assembly shall re-
quire the board to sit and to keep its office open at such times and places
as will permit persons desiring to register or to renew registration to do so
with reasonable convenience. The State Board of Elections may permit
or require any local board to sit or keep its office open at particular places
and at specified times for receiving applications for registrations and re-
newal of registrations ; and may make any regulations which in its opinion
will promote the convenient registration of all persons who apply, and
may change such regulations from time to time and give such publicity to
such regulations and changes therein as may be required by law.

(d) Not later than ninety days before each primary or general elec-
tion the local board of elections in the county or city in which such elec-
tion is to be held shall prepare lists, to be known as the voting lists, of all
persons in each precinct who were currently registered therein on a date
one hundred and twenty days prior to the date of such election, which
lists shall constitute the voting lists for such election. Such lists shall be
prepared in such form as may be provided by law. A copy of this list
shall be posted at least ninety days before the election at the front door
of the courthouse of the county or city and at the voting place in the pre-
cinct for which it is made, and a copy shall be kept on file and open to
public inspection in the office of the local board of elections.

(e) The local board of elections shall deliver or cause to be delivered
to the judges of election, with the ballots for use in the election, two copies
of the voting list for the precinct, and any changes in such list caused by
correction. Except as to disqualifications occurring subsequent to its
posting, this list shall be conclusive as to the right of every person to
vote at that precinct in such election.

Strike from the Constitution of Virginia Section twenty-three, which
is as follows:

Section 23. Persons excluded from registering and voting.—The
following persons shall be excluded from registering and voting : Idiots,
insane persons and paupers; persons who, prior to the adoption of this
Constitution, were disqualified from voting, by conviction of crime, either
within or without this State, and whose disabilities shall not have been
removed ; persons convicted after the adoption of this Constitution, either
within or without this State, of treason, or of any felony, bribery, petit
larceny, obtaining money or property under false pretenses, embezzle-
ment, forgery or perjury; persons who while citizens of this State, after
the adoption of this Constitution, have fought a duel with a deadly
weapon, or sent or accepted a challenge to fight such a duel, either within
or without this State, or knowingly conveyed such a challenge, or aided
or assisted in any way in the fighting of such duel.
And insert in lieu thereof the following:

Section 23. Persons excluded from registering and voting. —The
following persons shall be excluded from registering and voting: Idiots,
insane persons and paupers; persons convicted, either within or without
this State, of treason, or of any felony, bribery, petit larceny, obtaining
money or property under false pretenses, embezzlement, forgery or per-
jury, whose disabilities have not been removed.

Strike from the Constitution of Virginia Section twenty-five which
is as follows:

Section 25. Directors to General Assembly in regard to registration
and transfers—The General Assembly shall provide for the annual reg-
istration of voters under section twenty, for an appeal by any person de-
nied registration, for the correction of illegal or fraudulent registration
thereunder, and also for the proper transfer of all voters registered under
this Constitution.

And insert in lieu thereof the following:

Section 25. Directions to General Assembly in regard to registra-
tion, renewal of registration, and transfers.—The General Assembly shall
provide by law not in conflict with the provisions of this Constitution for
the following matters:

(a) The registration of voters under section twenty, and the re-
newal of registration under section twenty-two.

(b) Purging and keeping currently correct the roll of those reg-
istered during the years nineteen hundred and two and nineteen hundred
and three.

(c) Appeal to the appropriate court by any person denied registra-
tion or renewal of registration and for a like appeal from the action of
the local board of elections in matters involving the correction of the vot-
ing list. From the judgment of the court in any such cases an appeal to
the Supreme Court of Appeals may be allowed.

(d) The proper transfer of registered voters.

Strike from the Constitution of Virginia section twenty-eight; which
is as follows:

Section 28. Ballots—-The General Assembly shall provide for
ballots without any distinguishing mark or symbol, for the use in all
State, county, city and other elections by the people, and the form thereof
shall be the same in all places where any such election is held. All ballots
shall contain the names of the candidates, and of the offices to be filled, in
clear print and in due and orderly succession; but any voter may erase
any names and insert another.

And insert in lieu thereof the following:

Section 28. Ballots——The General Assembly shall provide for bal-
lots without any distinguishing mark or symbol, for the use in all State,
county, city and other elections by the people, and the form thereof shall
be the same in all places where any such election is held. All ballots shall
contain the names of the candidates, and of the offices to be filled, in clear
print and in due and orderly succession; but any voter may insert the
ane of any other person and vote for such person for the office to be

lled
Strike from the Constitution of Virginia section thirty-one, which
is as follows:

Section 31. Electoral boards; appointment and composition ; pow-
ers and duties of; who ineligible—There shall be in each county and
city an electoral board, composed of three members, appointed by the cir-
cuit court of the county, or the corporation court of the city, or the judge
of the court in vacation. In the appointment of the electoral boards rep-
resentation as far as practicable shall be given to each of the two political
parties which, at the general election next preceding their appointment,
cast the highest and the next highest number of votes. The present mem-
bers of such boards continue in office until the expiration of their respec-
tive terms; and thereafter their successors shall be appointed for the term
of three years. Any vacancy occurring in any board shall be filled by the
same authority for the unexpired term.

Each electoral board shall appoint the judges, clerks and registrars
of election for its county or city ; and, in appointing the judges of election.
representation as far as possible shall be given to each of the two political
parties which, at the general election next preceding their appointment,
cast the highest and the next highest number of votes.

No person, nor the deputy of any person, holding any office or post
of profit or emolument, under the United States government, or who Is
in the employment of such government, or holding any elective office of
profit or trust in the State, or in any county, city, or town thereof, shall
be appointed a member of the electoral board, or registrar or judge of
election.

And insert in lieu thereof the following :

Section 31. State Board of Elections; composition; powers and
duties.—There shall be a permanent board, which shall be known as the
State Board of Elections, to consist of three members, appointed by the
Governor from the qualified voters of the State, subject to confirmation
by the General Assembly. Their regular terms of office shall be four
years, commencing February first, after their appointment. Vacancies
shall be filled for the unexpired terms. In the appointment of the board
representation shall be given to the political parties having the highest
and next highest number of adherents in this State.

The State Board of Elections shall so supervise and coordinate the
work of the local boards of elections as to obtain uniformity in their
practices and proceedings, and legality and purity in elections. The
board may remove any member of a local board of elections who fails to
discharge the duties of his office.

The State Board of Elections shall make such rules and regulations
not inconsistent with law as will be conducive to the proper functioning
of the local boards of elections, and which will promote the convenient
registration and renewal of registration of persons desiring to register or
renew registration. The board shall have such other powers and perform
such other duties as may be provided by law.

Add to the Constitution of Virginia a new section numbered thirty-
one-a in the following words:

Section 3l-a. Local board of elections; appointment and com-
position ; powers and duties of; who not eligible-—There shall be in each
county and city a local board of elections, composed of three members
appointed in such manner as may be prescribed by law for terms of three
years. In the appointment of these boards representation shall be given
as far as practicable to the two political parties having the highest and
next highest number of adherents in this State. The duly authorized
officials of such political parties may submit to the appointing authority a
list of five names of qualified voters for each appointment to be made,
whether such appointment is an original one or to fill a vacancy, and the
appointment shall be made from such lists unless the appointing authority
certified that in its opinion none of the persons whose names are on such
lists are competent or suitable persons to be appointed.

Each local board of elections shall appoint within its jurisdiction the
judges and clerks of election, shall conduct all registrations and renewals
of registrations, canvass the election returns, and perform such other du-
ties and have such other powers as may be prescribed by law.

The General Assembly may provide for the consolidation of two or
more separate jurisdictions under one local board of elections.

No person, nor the deputy of any person, holding any office or post
of profit or emolument, under the United States government or who Js in
the employ of such government, or holding any elective office of profit
or trust in this-State, or in any county, city or town thereof, shall be ap-
pointed a member of the local board of elections or judge or clerk of
election.

Strike from the Constitution of Virginia section thirty-five, which
is as follows:

Section 35. Primary elections; who may vote.—No person shall
vote at any legalized primary election for the nomination of any candidate
for office unless he is at the time registered and qualified to vote at the
next succeeding election. :

And insert in lieu thereof the following:

Section 35. Primary elections; who may vote.—No person shall
vote at any legalized primary election for the nomination of any candidate
for office unless he is at the time registered and qualified to vote in such
primary.
Strike from the Constitution of Virginia section thirty-eight, which
is as follows:

Section 38. Duties of treasurers, clerks of circuit and corporation
courts and sheriffs in regard to making, filing, delivering and posting list
of paid poll taxes ; how corrected.—The treasurer of each county and city
shall, at least five months before each regular election, file with the clerk
of the circuit court of his county, or of the corporation court of his city, a
list of all persons in his county or city, who have paid not later than six
months prior to such election, the State poll taxes required by this Con-
stitution during the three years next preceding that in which such elec-
ion is held; which list shall be arranged alphabetically, by magisterial
listricts in the counties, and in such manner as the General Assembly
nay direct in the cities, shall state the white and colored persons sep-
rately, and shall be verified by the oath of the treasurer. The clerk,
within ten days from the receipt of the list, shall make and certify a sufh-
cient number of copies thereof, and shall deliver one copy for each voting
place in his county or city, to the sheriff of the county or sergeant of the
city, whose duty it shall be to post one copy, without delay, at each of the
voting places, and, within ten days from the receipt thereof, to make
return on oath to the clerk, as to the places where and dates at which
said copies were respectively posted, which return the clerk shall record
in a book kept in his office for the purpose; and he shall keep in his of-
fice, for public inspection, for at least sixty days after receiving the list,
not less than ten certified copies thereof, and also cause the list to be pub-
lished in such other manner as may be prescribed by law. The original
list returned by the treasurer shall be filed and preserved by the clerk
among the public records of his office for at least five years after receiving
the same.

Within thirty days after the list has been so posted, any person who
shall have paid his capitation tax, but whose name is omitted from the
certified list, may after five days’ written notice to the treasurer, apply
to the circuit court of his county, or corporation court of his city, or to the
judge thereof in vacation, to have the same corrected and his name en-
tered thereon, which application the court or judge shall promptly hear
and decide. .

The clerk shall deliver, or cause to be delivered, with the poll books,
at a reasonable time before every election, to one of the judges of elec-
tion of each precinct of his county or city, a like certified copy of the list,
which shall be conclusive evidence of the facts therein stated for the pur-
pose of voting. The clerk shall also, within sixty days after the filing
of the list by the treasurer, forward a certified copy thereof, with such
corrections as may have been made by order of the court or judge, to the
officer designated by law, who shall charge the amount of the poll taxes
stated therein to each treasurer, unless previously accounted for.

Further evidence of the prepayment of the capitation taxes required
by this Constitution, as a prerequisite to the right to register and vote,
may be prescribed by law.

And insert in lieu thereof the following:

Section 38. (Omitted.)

Strike from the Constitution of Virginia section one hundred sev-
enty-three, which 1s as follows:

Section 173. State, county and municipal capitation taxes.—The
General Assembly shall levy a State capitation tax of, and not exceeding
one dollar and fifty cents per annum on every resident of the State not
less than twenty-one years of age, except those pensioned by this State
for military services; one dollar of which shall be applied exclusively in
aid of the public free schools, and the residue shall be returned and paid
by the State into the treasury of the county or city in which it was col-
lected, to be appropriated by the proper authorities to such county or city
purposes as they shall respectively determine. Such State capitation tax
shall not be a lien upon, nor collected by legal process from, the per-
sonal property which may be exempt from levy or distress under the
poor debtor’s law. The General Assembly may authorize the board of
supervisors of any county, or the council of any city or town, to levy an
additional capitation tax not exceeding one dollar per annum on each
such resident within its limits, to be applied to city, town or county pur-
poses.

And insert in lieu thereof the following:

Section 173. State school, county and municipal capitation taxes.
—The General Assembly may levy a school tax of not exceeding three
dollars per annum, on every resident of this State, not less than twenty-
one years of age, except those who are paupers, idiots, insane, or inmates
of any almshouse or county farm. This.tax shall be assessed, collected
and paid as are other taxes assessed against personal property, and when
imposed and collected shall be applied exclusively in aid of the public
free schools in such manner as the General Assembly may direct. Pay-
nent of the tax may be made a condition precedent to the issuance of any
license or permit for any privilege. The General Assembly may au-
thorize the board of supervisors of any county, or the council of any city
or town, to levy an additional capitation tax not exceeding one dollar per
annum on each resident within its limits, to be applied to city, town or
county purposes.

Add to the Constitution of Virginia a new section numbered thirty-
eight-a, in the following words:

Section 38-a. When certain amendments to become effective.—In
order that no inconvenience or confusion may arise from the adoption of
the presently proposed amendments to sections eighteen, nineteen, twenty,
twenty-one, twenty-two, twenty--three, twenty-five, twenty-eight,
thirty-one, thirty-one-a, thirty-five, thirty-eight, and one hundred and
seventy-three, the provisions of such amendments shall become effective
on and after the first day of July, nineteen hundred and fifty, except that
the General Assembly may make such provisions effective on and after
an earlier designated date.

HOUSE JOINT RESOLUTION