CHAPTER 151

An Act to amend and reenact § 15-851, as amended, of the Code of Vir-
ginia, relating to election and terms of office of members of county
boards.

[H 75]

Approved March 5, 1954
Be it enacted by the General Assembly of Virginia:

1. That § 15-351, as amended, of the Code of Virginia be amended and
reenacted as follows:

§ 15-351. (a) Notwithstanding the provisions of §§15-350 and
15-360, if, in any county operating under the county manager plan pro-
vided 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
elected 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 Janu-
ary after his election and shall hold office until his successor 1s 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 un-
expired term.

(e) The election to determine whether the members of the county
board shall be elected as provided in paragraph (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- * four, 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- * four 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- * four, 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 courthouse 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
eléctoral 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

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 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 fifty- * five and nineteen hundred fifty- * seven shall be elected
for terms of four 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- * six, nineteen hundred fifty- * eight and nineteen hundred
* stxty shall be elected for terms of three 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.

(3) Vacancies shall be filled as provided by paragraph (d) hereof.

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