Chap. 440.—An ACT to amend and reenact Sections 184, and 192, as amended,
of the Code of Virginia relating to elections. [H 496)

Approved April 1, 1948

Be it enacted by the General Assembly of Virginia:

1. That sections one hundred eighty-four, and one hundred ninety-
two, as amended, of the Code of Virginia, be amended and reenacted as
‘ollows :

Section 184. Who to receive certificates of election ; how tie deter-
mined.—In all elections for the choice of any officer, unless it is other-
wise expressly provided, the person having the highest number of votes
for any office shall be deemed to have been elected to such office and
shall receive the certificate of election; but if two or more persons have
an equal number of votes for any county, city, town, or district office,
and a higher number than any other person, the commissioners afore-
said shall proceed publicly to determine by lot which of the candidates
shall be declared elected. Provided, however, that if two or more per-
sons have an equal number of votes and a higher number than any other
person, such persons, or person, may appeal from determination of the
commissioners and file a petition in the circuit court of the county or
corporation court of the city wherein the election was held, and request
that the votes cast in such election be recounted by three commissioners
to be appoinnted by said court. Such commissioners so appointed shall
employ such clerical help as may be necessary and certify the results
of such recount to the court which shall then enter a proper order, a
certified copy of which shall be forwarded to the State Board of Elec-
tions, declaring who is the successful candidate in such election. The
costs of the proceeding, including the fees paid the commissioners and
their clerical help, shall be assessed against such party or parties to the
proceeding as may be determined by the court. In all other respects, the
provisions of section two hundred sixty-seven of the Code of Virginia
shall prevail.

Section 192. How election determined in case of a tie—If any
two or more persons have an equal number of votes and a higher number
than any other person for member of the Senate or House of Delegates,
member of the United States Senate or House of Representatives, or
elector of President and Vice-President of the United States, the State
Board of Elections shall proceed publicly to determine by lot which of
them shall be declared elected. Reasonable notice shall be given to
such candidates of the time when such election shall be so determined ;
and if they, or either of them, shall fail to appear in accordance with
such notice, the Board shall proceed so to determine the election in their
absence. Provided that where two or more persons have an equal num-
ber of votes for any such office and a higher number than any other
person, such person or persons may appeal from the determination of
the State Board of Elections and file a petition in the circuit court of the
city of Richmond and request that the votes cast in such election be
recounted by three commissioners to be appointed by the court. The
commissioners so appointed shall employ necessary clerical help and
certify the results of such recount to the court which shall enter a proper
order and forward a certified copy thereof to the State Board of Elec-
tions, declaring who is the successful candidate in such election. The
costs of the proceeding including the fees of the commissioners and
their clerical help shall be borne by the person filing the petition. In all
other respects the provisions of section two hundred fifty-nine of the
Code of Virginia shall apply where applicable.