CHAPTER 536

An Act to amend and reenact §§ 24-9, 24-46, 24-56, 24-68, 24-83.1, 24-101,
24-107, 24-114, 24-130, 24-134, 24-148, 24-182, 24-252, 24-285, 24-821,
24-3845.2, 24-345.5, 24-345.8, 24-845.9 (the preceding four sections
having been enacted by Chapter 509 of the Acts of Assembly of 1952),
24-851 and 24-401 of the Code of Virginia as severally amended, the
sections relating generally to elections, presidential electors, change
of election districts, registrars and judges of election, application for
regisiration, closing registration books, copying of registration books
and expenses incidental thereto, notice of purge, delivery of registra-
tion books, filing of notice of candidacy, certification of party candi-
dates, election and time of taking office of Governor, Lieutenant Gover-
nor and Attorney General, when polls open, how names added to
ballots, canvassing of elections, absent voters, absentee voting by mem-
bers of the armed forces, direct primaries and candidates fees; and to
amend the Code of Virginia by adding §§ 24-55.1 and 24-277.4 relating
to assistant registrars and recount of ballots in certain referendums.

[H 546]
Approved March 31, 1962

Be it enacted by the General Assembly of Virginia:
1. That the Code of Virginia be amended by adding §§ 24-55.1 and
24-277.4, and that §§ 24-9, 24-46, 24-56, 24-68, 24-83.1, 24-101, 24-107,
24-114, 24-130, 24-134, 24-148, 24-182, 24-252, 24-285, 24-321, 24-345.2,
24-345.5, 24-345.8, 24-345.9 (the preceding four sections having been en-
acted by Chapter five hundred nine of the Acts of Assembly of nineteen
hundred fifty-two), 24-351 and 24-401 of the Code of Virginia as severally
amended, be amended and reenacted, the added and reenacted sections
being as follows:

§ 24-55.1. The electoral board of each county may appoint one or
more discreet persons, who are qualified voters in such county, as assistant
registrars. Persons so appointed shall qualify pursuant to the provisions
of § 24-65 and shall, whenever requested so to do by the electoral board,
perform the duties of any registrar in such county whenever by reason
of disability such registrar is unable to perform the duties of his office.

The provisions of §§ 24-31, 24-86, 24-52, 24-53 and 24-55 shall apply
to assistant registrars appointed under this section.

§ 24-277.4. (a) When, in any referendum held under any provision
of law for the issuance of bonds, there is, between the vote for the propost-
tion and the vote against the proposition, a difference of not more than
fifty votes or one per centum of the total vote cast in such referendum
for and against such proposition, then upon petition filed in the circuit
or corporation court of the election district within the limits of which
such referendum is held, and signed by at least twenty qualified voters,
appealing from the determination of the commissioners for a recount of
the ballots, the court or judge thereof shall order a recount of the ballots
cast in such referendum. The petition for a recount shall be made within
ten days from the day the commissioners ascertain the result of the
referendum and have reduced the results to writing and signed the same
as provided by law; such application shall not be filed thereafter. The
petition shall set forth the results so found by the commissioners and
shall request the court to have the ballots in such referendum. recounted.

(b) TtIlpon the filing of any such petition, the judge of the court in
which the same is filed shall notify the Chief Justice of the Supreme
Court of Appeals who shall thereupon designate two other judges to sit
with the first judge and such court shall be constituted and sit in all
respects asa court appointed for sitting under § 24-431, and the provisions
of Chapter 16 of Title 24 shall apply, mutatis mutandis, in any such case.

(c) The clerk of the court in the election district in which the
referendum has been held shall deliver to the court so constituted all
ballots cast in such referendum. The court shall recount the ballots, or
supervise the recount, certify the results of the recount to the proper
authorities and assess the costs of such proceeding in such manner as to
at seems proper.

(d) The court may summons all the chief judges of the election to
appear at the recount if the recount is not to be made by the court. There
shall be at least two separate teams who shall act independently of each
other and who shall proceed to recount the several precincts in their
numerical or alphabetical order as the case may be. Each team shall
be composed of an equal number of the chief judges of elections so
selected. At the conclusion of the recount of each precinct the persons
performing the recount shall write down the number of valid ballots cast
and submit the count to the court. The ballots, as to the validity of which
questions exist, shall be submitted to the court. At the conclusion of the
recount of all precincts the court shall rule on the validity of all questioned
ballots and by an appropriate order certify to the clerk of court and the
other appropriate authorities the vote for and against such question and
declare the results of such referendum.
(e) The court shall stay the action of any electoral official or officials
in connection with the outcome of the referendum, pending the recount
by the court.

§ 24-9. Unless a different day be prescribed by authority of the
United States, the electors shall convene at the capitol, in the city of
Richmond, on the * first Monday * after the second Wednesday in Decem-
ber, after their election, at the hour of twelve o’clock noon of that day.
If there shall be any vacancy in the office of electors, occasioned by death,
refusal to act, neglect to attend, or other cause, the electors present shall
immediately proceed to fill by ballot, and by a plurality of votes, such
vacancy in the electoral college. When the electors shall appear, or the
vacancies shall have been filled as above provided, they shall proceed to
perform the duties required of such electors by the Constitution and laws
of the United States. oo,

§ 24-46. Upon the petition of twenty qualified voters of a magisterial
district of a county, or upon petition of the governing body of any county,
the circuit court of the county may, in term time or in vacation, in its
discretion, change the name of any election district therein, alter the
boundaries of any election district therein, and rearrange, Increase or
diminish the number thereof, or abandon or abolish any election district
or voting place therein and it may change the voting places, or establish
others therein; and no court costs shall be taxed in connection with said
petition. No election district shall be established, or boundaries altered,
rearranged, or changed in any magisterial district of a county upon the
petition of such qualified voters, unless each of the twenty qualified peti-
tioning voters actually reside and separately and individually hold in fee
simple real estate situated within the boundaries of the election district
sought to be established, altered, rearranged, changed, increased, decreased,
abandoned or abolished.

§ 24-56. The electoral board of the county within which such town
or the greater part thereof is situated, shall, not less than fifteen days be-
fore any town election therein, appoint one registrar and three judges of
election for each voting precinct, which judges shall also act as commis-
sioners of election. The registrars shall, before any election in the town *
make a list of all voters who are residents of the respective preeincts of
such town, and who shall have previously registered as voters in the coun-
ty, or either of them in which the town is situated, and none others. The
registrars shall be governed as to their qualifications and powers, and in
the performance of their duties, by the general laws of this Common-
wealth, so far as the same may be applicable.

§ 24-68. Such applicant, unless physically unable to do so, shall
make application to the registrar in his own handwriting, * without aid,
suggestions, or memorandum, in the presence of the registrar, stating there-
in 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.
Application may be made on a form provided by the registration officer,
which may be as set out below:

APPLICATION FOR REGISTRATION

NOTE: Section 20 of the Constitution of Virginia provides who may
register, and expressly directs that in the written application to register
the applicant shall give certain information. Below are set forth such parts
of Section 20 as concern the application.

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dence and occupation at the time and for the one year next preceding, and
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Date Signature of Applicant

§ 24-83.1. For the purpose of registering and transferring voters
all registration books shall be closed for a period of six days next preced-
ing and including the day of any special election or of any election upon a
referendum. This section shall not be construed to shorten the period dur-
ing , anich under any provision of law such books are required to be
clo .

§ 24-101. When a general purging of the registration books is order-
ed, as hereinbefore required, the registrar, after he has purged the regis-
tration books, shall make a copy of the books in like manner as provided
in § 24-93, leaving off all names stricken therefrom under the provisions
of §§ 24-96 to 24-100. As additional compensation for services under this
section, the registrar shall receive the sum of twenty-five cents for each
name purged and ten cents for each name copied, provided no additional
compensation shall be paid a full time salaried registrar. The registrar shall
be compensated for all necessary expenses incurred in a general purging in-
cluding the cost of mailing notice to persons alleged to be improperly on
registration books.

§ 24-107. When such registration books are ordered to be purged by
the electoral board it shall be the duty of the general registrar, within ten
days after such order, to post printed notices signed by himself at not less
than three public places in the precinct, including the voting place therein,
of the names of all persons who in the judgment of the general registrar
are, or who it is alleged by any three qualified voters of the precinct may
be, improperly on the registration books of the precinct. In addition to the
posted notice, the general registrar shall send a notice by * certified mail
to the last known address of each voter on the list, taking a receipt from
the post office for each letter mailed, stating the time or times at which
the general registrar, at his office, during regular office hours, will hear
testimony produced for or against the rights of persons named in the
notice to be retained on the registration books.

§ 24-114. The registrar, at each place of voting, shall deliver to the
judges of election his registration books, not later than the time prescribed
in § 24-182 * for the opening of the polls on election day. The registrar,
other than general registrars who receive a salary, shall receive a fee of
three dollars for delivering the books to the judge of election if he has not
been appointed to serve as an election official at his precinct. After such
election, the judges of election shall turn over the registration books to the
registrar. Any registrar, negligently failing so to deliver his books, shall be
fined thirty dollars; and any registrar, wilfully failing so to do, shall be
fined not less than twenty nor more than one hundred dollars, and im-
prisoned in jail not less than six months nor more than twelve months.

§ 24-130. Any person who intends to be a candidate for any office,
State or national, to be elected by the electors of the State at large or of a
congressional district, shall, * not later than ten days after the Tuesday
after the second Monday in July, or if a second primary was held, not later
than ten days after the date of the second primary if it be a general elec-
tion, and at least thirty days before the election if it be a special election,
or within five days after the issuance of any writ of election or order
calling a special election to be held less than thirty-five days after the is-
suance of the writ or order, notify the State Board of Elections, in writing,
attested by two witnesses, of his intention, designating the office for which
he is candidate. The written notice shall be signed by the candidate, but if
he be incapable of writing his proper signature then some mark adopted by

im as his signature shall be acknowledged before some officer authorized
to take acknowledgments to deeds and in the same manner.

§ 24-134. The name of any candidate for office who has been nomi-
nated by his party, either by convention, primary or by being declared
the nominee of the party when no primary has been held, shall be certified
by the chairman of the party to the State Board of Elections or the clerk
or clerks of the proper court or courts as the case may be, and no further
notice of candidacy or petition shall be required; provided that the failure
of a party chairman to make such certificate shall not prevent the State
Board of Elections from declaring that a candidate is the nominee of a
party and directing that his name be treated as certified by the party
chairman.

§ 24-148. The Governor, Lieutenant Governor and Attorney General,
shall be chosen by the qualified voters of the Commonwealth at the general
election to be held on the Tuesday after the first Monday in November,
of the year one thousand nine hundred forty-nine and every fourth year
thereafter, and shall hold their offices for a term of four years, to com-
mence on the * Saturday after the second Wednesday in January following
their election.

§ 24-182. At all elections by the people, the polls shall be open at
each voting place at six o’clock A. M. eastern standard time of the day
on which the election is directed to be had and closed at seven o’clock P. M.
eastern standard time of the same day. The judges of election shall ascer-
tain and make a list by name of the qualified voters, if any, in line before
the polling place at the hour of closing, and shall permit such voters and
no others to cast their ballots.

§ 24-252. At all elections except primary elections it shall be lawful
for any voter to place on the official ballot the name of any person in his
own handwriting thereon and to vote for such other person for any office
for which he may desire to vote and mark the same by a check (\/) or
cross (xX or ++) mark or a line (—) immediately preceding the name
inserted. Provided, however, that nothing contained in this section shall
affect the operation of § 24-251 of the Code of Virginia. No ballot, with
@ name or names placed thereon in violation of this section, shall be
counted for such person.

§ 24-285. For the purpose of canvassing the result of elections, the
State Board of Elections shall meet at its office on the fourth Monday in
November *, when it shall, upon the certified abstracts on file in its office
proceed to examine and make statements of the whole number of votes
given at any such election for members of the State Senate and House of
Delegates, members of the United States Senate and House of Repre-
sentatives and electors of President and Vice President of the United
States, or for so many of such officers as have been voted for at such
election.

§ 24-321. He shall make application in writing for a ballot to the
registrar of his precinct, not less than * five nor more than sixty days
prior to the primary or general election in which he desires to vote if he
be within the confines of the Continental United States. Such application
shall be made not less than ten days nor more than ninety days, if he be
in Hawaii, Puerto Rico, the Canal Zone, or in territory over which the
United States has no jurisdiction. oo,

In case of any second primary or special election such application
shall be made not less than three days nor more than thirty-five days prior
to such second primary.

§ 24-345.2. The absentee ballots hereinafter provided for shall, upon
application by the serviceman, be furnished to all Virginia members of
the armed forces who are qualified to vote in this State under the Consti-
tution and laws of Virginia as now existing or as same may be hereafter
amended, or who hereafter may be qualified to vote in any election to
which this act is applicable.

§ 24-345.5. Any member of the armed forces eligible to vote in any
election to which this act is applicable may * make an application, which
shall be signed by him and acknowledged before a notary public or a com-
missioned officer of one of the armed services, to the Board for an official
war ballot for said election. No particular form of application shall be
required, but it shall be sufficient for the applicant to state the active
service of which he is a member and his home address, A. P. O., F. P. O.,
oF other service postoffice address, his legal residence, and his date of

irth.

§ 24-345.8. It shall be the duty of the Board to make and preserve
in its office a record of all members by * whom ballots are requested, show-
ing the name and the address of the member to * whom and the day on
which the ballot was mailed, the branch of his service, the county or city
and address therein of the member’s residence in Virginia, and, if the
ballot is returned, the date of receipt thereof.

It shall also be the duty of the Board, on the fifth day before the day
of election, to transmit by registered mail to the secretaries of the appro-
priate electoral boards of the several counties and cities of the State in
which the voting members reside all envelopes containing voted ballots
which have been returned to the Board. Any number of such returned
envelopes may be mailed in one registered package. Any such envelopes
returned by voters to the Board on or after the fifth day before the day
of election shall be forthwith transmitted in like manner to the secretary
of the appropriate electoral board.

It shall be the duty of every electoral board receiving any such return
ballot envelopes to deliver the same unopened to the judges of election
of the precinct within the boundaries of which the voter resides as shown
by said return envelope, or as may be known to the electoral board chair-
man, secretary, or any member thereof, in the same manner and along
with other absentee ballot envelopes. The secretary of the local board of
elections shall prepare for each precinct a duplicate list showing the names
of all persons from whom he has received war ballots to be counted in such
precinct. One copy of this list shall be * posted by * the electoral board,
together with the copy of the list of names of all other absentee ballots
which * if is required by § 24-339 of the Code to * post in a conspicuous
place at the polling place of the proper precinct. This list shall be entitled
“List of Voters under the War Voters Act.” One copy shall be kept by the
secretary.

§ 24-345.9. The contents of applications for ballots, the names and
addresses (both war time and Virginia addresses) of those * from whom
ballot applications are received, and all other records of the Board in the
administration of this act shall not be open to public inspection and shall
not be made available to any person or persons, but shall be regarded as
privileged, confidential records; provided, however, that any applicant
shall have a right to obtain a certified copy of any and all records of the
Board pertaining to that specific application; provided further that it
shall be proper for the Board to make available to the public information
from time to time pertaining to the number of applications received, and
ballots returned, and the localities involved therein.

§ 24-351. It shall be the duty of the chairman and secretary of the
State central committee of every party, by writing signed by themselves,
to notify the State Board of Elections whether such committee has or has
not adopted the direct primary and to what candidates such adoption
refers. In case the discretion of nominating local candidates be vested in
the local committees, then it shall be the duty of the chairman and secre-
tary of such local committee to notify the State Board of Elections of the
action taken by them in such regard. The notification required by this
section shall be made at least * one hundred days before the date herein
set for the primaries.

§ 24-401. The fees shall be paid as follows:

(a) Candidates for United States Senators, for representatives in
Congress, and for all State offices shall pay such fee to the * Treasurer.

Candidates for the Senate of Virginia or the House of Delegates of
Virginia shall pay the primary fee to the treasurer of the candidate’s
county or city, and where the candidate’s district is composed of more
than one county or city the fee must be equally divided among the counties
and cities in the district, and paid to the respective treasurers by the
candidate.

The primary fees paid to the * Treasurer shall be * credited by him *
to a fund to be known as “the State primary fee fund”, and shall be kept
separate and distinct from all other monies in the treasury of the State.

In the event a prospective candidate pays the fee to the * Treasurer,
and does not become a candidate, the * Treasurer shall pay back the fee
by warrant upon the State primary fee fund, and in the event the candi-
date who has paid the fee is not opposed, the * Treasurer shall pay back the
fee by warrant upon the State primary fee fund. All other State primary
fees paid to the * Treasurer shall, after the primary has been held, be paid
to the Literary Fund of the State by warrant drawn upon the State pri-
mary fee fund, and any interest earned upon the State primary fees
whilst the same remain in the State treasury to the credit of the State
primary fee fund shall belong to the general fund of the Commonwealth.

Primary fees paid to the * Treasurer, shall be by him disposed of in
the manner hereinbefore provided for.

(b) All other candidates shall pay the fee to the treasurer of the
city or county in which they reside. A receipt for the payment of such
fee must accompany and be attached to the declaration of candidacy;
otherwise the same shall not be received or filed; provided, that when for
district officers of more than one county the fee shall be divided equally
between the counties comprising such district and paid to the respective
treasurers thereof. In the event a prospective candidate pays the fee to
a county or city treasurer and does not become a candidate, the treasurer
shall pay back the fee; and in the event the candidate who has paid the
fee is not opposed, the treasurer shall pay back the fee. All other primary
fees paid a county or city treasurer shall, after the primary has been held,
be paid or placed to the credit of the fund of the county or city out of
which the expenses of the primary were paid by the county or city.

2. An emergency exists and § 24-130 as hereby amended shall be in
force from its passage; provided that the remainder of this bill shall
become effective in due course.