CHAPTER 591

An Act to amend and reenact § 15-851 of the Code of Virginia, relating to
election and terms of office of members of county boards. H
650

Approved April 3, 1952

Be it enacted by the General Assembly of Virginia:
ta That § 15-351 of the Code of Virginia be amended and reenacted as

ollows:

§ 15-351. (a) Notwithstanding the provisions of §§ 15-350 and
15-360, if, in any county operating under the county manager plan *
provided for in this chapter, a majority of the qualified voters voting on
the question submitted in the election held as provided in paragraph * (e)
of * this section shall vote in favor of the election of the members of the
county board and the filling of vacancies on the board as hereinafter
provided in this section, then upon the entry of an order by the circuit
court of the county, or * a judge thereof in vacation, setting forth the
results of such election, the members of the county board shall thereafter
be i and vacancies on the board shall be filled as provided in this
section.

(b) Notwithstanding the provisions of paragraph (a), if a majority
of the qualified voters voting in such election vote in favor of the election
of the members of the county board as provided by paragraph * (f) hereof
then upon the entry of an order by the circuit court of the county or a
judge thereof in vacation, setting forth the results of the election, the
members of the county board shall thereafter be elected as provided in
paragraph * (f) hereof.

(c) Each of such members shall take office on the first day of January
after 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.

(d) 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, such election to be held at the next regular
November election. The member so elected shall hold office for the unex-
pired term. *

(e) * 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 a petition signed by two hundred or more qualified voters in any
such county shall on or before the first day of August, nineteen hundred
fifty-two, be filed with the circuit court of the county, or a judge thereof
in vacation, asking that a referendum be held on such question, the court
or judge shall, on or before the first day of September, nineteen hundred
fifty-two, by an order entered of record, require the election officials
of the county at the next regular election to be held in November, nineteen
hundred fifty-two, to open a poll and take the sense of the qualified voters
of the county on the questions 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 in the court
house of the said county. The regular election officials of the county, at
the time designated therein, 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. The
ballots to be used shall be printed as follows:

Shall the members of the county board be elected biennially for four
year terms, as provided in subsection (f) of § 15-851 of the Code of
Virginia?

[] Yes

No

Shall the membership on the county board be increased from five to
seven!

_] Yes

No . )

The election shall in all respects be held as provided in § 24-141 of
the Code of Virginia.

(f) If the result of the election held as provided in paragraph (e)
hereof be for the election of the members of the county board as provided
in this paragraph then the provisions of this paragraph shall supercede
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 fifty-three and nineteen hundred fifty-five shall be elected for
terms of three years; thereafter all such members shall be elected for four
year terms in the November election of the years in which the terms
expire; the terms of members so elected shall begin on January one of
the year following their election.

(2) Successors to the members whose terms expire in nineteen hun-
dred fifty-four, nineteen hundred fifty-six and nineteen hundred fifty-eight
shall be elected for terms of four years at the November election in such
years, respectively; the terms of members so elected shall begin on the first
day of January following their election.

(8) Vacancies shall be filled as provided: by subsection (d) hereof.

(9g) If at the election held as provided in paragraph (e) hereof a
majority of the electors shall vote in favor of increasing the membership
of the county board from five to seven, then at the election to be held in
November nineteen hundred fifty-three there shall be elected two addt-
tional members of the board, for terms of three years. Upon the expiration
of such terms their successors shall be elected for terms of four years to
begin January one following their election.

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