CHAPTER 122

An Act to provide for the submission of a proposed amendment to the
Constitution 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 333]

Approved February 26, 1962

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 sixty-two, at the places appointed for holding the same, to open
a poll and take the sense of the qualified voters upon the ratification or
rejection of the proposed amendment to the Constitution of Virginia,
contained in the joint resolution proposing the said amendment to the
Constitution of Virginia, and directing a submission of said proposed
amendment to the people for their approval and ratification, to wit:

Insert in the Constitution of Virginia a new section numbered 50-a,
as follows:

Sec. 50-a. In any case of enemy attack upon the soil of Virginia by
nuclear fusion or fission bombs or devices, if the Governor by proclamation
declares that due to the emergency created thereby a quorum of the
General Assembly cannot be assembled, a lesser number, but not less than
two-fifths of the members elected to each house, may meet, and may
enact legislation without regard to the limitations on required affirmative
votes set forth in Sec. 50; provided, (a) that any such law may be enacted
only by the recorded affirmative vote of four-fifths of the members of
each house present and voting; (b) that no such law shall remain in effect
longer than one year from the date of approval by the Governor and may
not be again adopted except in compliance with Sec. 50 hereof; and (c)
that each bill passed under this section shall set forth therein the proclama-
tion of the Governor together with the text of such bill and the entire bill,
including such proclamation, shall be subject to judicial inquiry as to the
matters set forth therein.

SCHEDULE

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

Question: Shall section fifty-a be added to the Constitution of Virginia
so as to authorize the General Assembly, in case of enemy attack by
nuclear fusion or fission bombs or devices and after proclamation of the
Governor, to enact legislation by vote of less than a majority of the mem-
bers elected, with such legislation to be effective for not more than one
year?

{_] For

(] Against |

The ballot shall be prepared, distributed and voted, and the results
thereof ascertained and certified, in the manner prescribed by § 24-141
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
amendment 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 statement
of the whole number of votes given at said election for said proposed
amendment and against said proposed amendment, respectively, in the
manner now prescribed by law in relation to votes cast in general elections;
and it shall be the duty of the State Board of Elections to record said cer-
tified 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 amendment, 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 amendment, 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
or sergeants of their respective counties and cities for distribution. Each
such sheriff or sergeant 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.