Chap. 525.—An ACT to provide for the submission of proposed amendments to
Sections 18, 19, 20, 21, 22, 23, 25, 28, 31, 35, 38 and 173 of the Constitution of
Virginia and to add two new sections numbered 3l-a and 38-a to the Consti-
tution of Virginia, to the qualified voters for ratification or rejection, and
to prescribe when and how such referendum shall be had, and the manner in
which the results thereof shall be ascertained and certified, the returns canvassed,
and the vote thereon proclaimed by the Governor. . [H_ 555]

Approved April 5, 1948

Be it enacted by the General Assembly of Virginia:

1, It shall be the duty of the officers conducting the election directed
by law to be held on the Tuesday after the first Monday in November,
nineteen hundred forty-nine, at the place appointed for holding the same,
to open a poll and take the sense of the qualified voters upon the ratifica-
tion or rejection of the proposed amendments to the Constitution of
Virginia, contained in the joint resolution proposing the said amendments
to the Constitution of Virginia, and directing a submission of the pro-
posed ameridments to the people for their approval and ratification,
to-wit:

; i from the Constitution of Virginia section eighteen, which is as
ollows:

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
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 thirty days after such removal.

The right of citizens to vote shall not be denied or abridged on
account 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
account 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
officers of registration for filing, record and preservation in the clerks’
offices 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 nineteen
hundred and four.—Persons registered under the general registration
of voters during the years nineteen hundred and two and nineteen hun-
dred 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 is 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
at 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
dollar 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, and,
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 officer,
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
eighteen, shall be entitled to register, provided :
First. That, unless physically unable, he make application to register
in his own handwriting, without. aid or suggestion, in the presence of the
local board of elections or its duly authorized member or secretary,
stating therein his full 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, 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
officer, which questions, and his answers thereto, shall be reduced to
writing 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
requirements as the General pages may prescribe.

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

Section 21. Conditions 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
following conditions:

That unless exempted by section twenty-two, he shall, as a prere-
quisite to the right to vote, personally pay, at least six months prior to the
election, all State poll taxes assessed or assessable against im, 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 preparation
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, nineteen
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 condition
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
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
require 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 registrations 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 renewal 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
Lana publicity to such regulations and changes therein as may be required

y law.

(d) Not later than ninety days before each primary or general
election the local board of elections in the county or city in which such
election 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
precinct 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, embez-
zlement, 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. Directions to General Assembly in regard to registration
and transfers—The General Assembly shall provide for the annual
registration of voters under section twenty, for an appeal by any person
denied 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
renewal of registration under section twenty-two.

(b) Purging and keeping currently correct the roll of those register-
os 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 corrections of the
voting 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 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
erase any name and insert another.

And insert in lieu thereof the following:

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 shail 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 name of any other person and vote for such person
for the office to be filled.

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

Section 31. Electoral boards; appointment and composition ; powers
and duties of; who ineligible—There shall be in each county and city
an electoral board, composed of three members, appointed by the circuit
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 represen-
tation 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
members of such boards continue in office until the expiration of their
respective 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
elections, 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 confirma-
tion 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 prac-
tices and proceedings, and legality and purity in elections. The board
may remove any member of a local board of elections who fails to dis-
charge the duties of his office.

he 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 boards of elections; appointment and composi-
tion; 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 of-
ficials 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 duties and have such other powers as may be prescribed by

w.

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
is 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 appointed 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 candi-
date 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 Constitution during the three years next preceding that in which
such election is held; which list shall be arranged alphabetically, by
magisterial districts in the counties, and in such manner as the General
Assembly may direct in the cities, shall state the white and colored per-
sons separately, 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 sufficient 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 office, 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 published 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
entered 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 election
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
purpose 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
seventy-three, which is 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
collected, to be appropriated by the proper authorities to such county
or city purposes as they shall respectively determine. Such State capita-
tion tax shall not be a lien upon, nor collected by legal process from,
the personal 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 purposes.

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-
ment of the tax may be made a condition precedent to the issuance of
any license or permit for any privilege. 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 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 section 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 effec-
tive on and after the first day of Jily, nineteen hundred and fifty, except
that the General Assembly may make such provisions effective on and
after an earlier designated date.

SCHEDULE

At such election a ballot shall be furnished each voter which shall have
printed thereon the following :

Question: Shall Sections 18, 19, 20, 21, 22, 23, 25, 28, 31, 35, 38
and 173 of the Constitution of Virginia, which sections relate to the
elective franchise, and, among other things, provide for the elimination of
the poll tax as a prerequisite to voting, registration and renewal of regis-
tration of voters, the establishment of a State board of elections, and
the levying of a school tax in lieu of the present capitation tax, be
amended ; and shall the Constitution be further amended by adding Sec-
tion 31-a, providing for local boards of ‘elections, and Section 38-a,
prescribing atl date of these amendments ?

or
[] Against

The ballot shall be prepared, distributed and voted, and the results
thereof ascertained and certified in the manner prescribed by section
one hundred ninety-seven-a of the Code of Virginia. It shall be the duty
of the clerks and commissioners of election of each county and city,
respectively, to make out, certify and forward an abstract of the votes
cast for and against said proposed amendments in the manner now
prescribed by law in relation to votes cast in general elections.

It shall be the duty of the State Board of Elections to open and
canvass the said abstracts of returns, and to examine and make state-
ment of the whole number of votes given at said election for said proposed
amendments and against said proposed amendments, respectively, in the
manner now prescribed by law in relation to votes cast in general elec-
tions; and it shall be the duty of the State Board of Elections to record
said certified statement in its office, and without delay to make out and
transmit to the Governor of the Commonwealth an official copy of said
statement, certified by it.

The Governor shall, without delay, make proclamation of the result,
stating therein the aggregate vote for and against said amendments, to
be published in such*newspapers in the State as may be deemed requisite
for general information; and if a majority of said votes be cast for the
ratification of the amendments, he shall annex to his proclamation a
copy thereof. The State Board of Elections shall cause to be sent to the
clerks of each county and corporation, at least thirty days before the
election, as many copies of this act as there are places of voting therein ;
and it shall be the duty of such clerks to forthwith deliver the same to the
sheriffs of their respective counties and cities for distribution. Each
such sheriff shall forthwith post a copy of such act at some public place in
each election district at or near the usual voting place in the said district.

The expenses incurred in conducting this election shall be defrayed
as in the case of the election of members of the General Assembly.
MOUSE JOINT RESOLU LION