CHAPTER 2

An Act to amend and reenact §§ 24-17, 24-67, 24-78, 24-79, 24-120, as
amended, § 24-121, as amended, §§ 24-122, 24-123 and 24-124 of the
Code of Virginia, and to amend the Code of Virginia by adding thereto
sections numbered 24-17.1, 24-17.2, 24-28.1, 24-67.1, 24-87.1, 24-119.2
and 24-128.1, all of which amended and new sections relate to regis-
tration and voting in State, local and Federal elections, and to the
duties of certain election officials; and to make an appropriation to
the State Board of Elections. H 2)

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Approved November 21, 1963

Be it enacted by the General Assembly of Virginia:

1. (a) Pursuant to the mandates of the Constitution of Virginia (in-
cluding, without limitation, the provisions of Section 6 and Section 36
of the Constitution of Virginia), this Act is passed (1) to enable per-
sons to register and vote in Federal elections without the payment of
poll tax or other tax as required by the 24th Amendment to the Constitu-
tion of the United States, (2) to continue in effect in all other elections
the present registration and voting requirements of the Constitution of
Virginia, and (3) to provide methods by which all persons registered to
vote in Federal or other elections may prove that they meet the residence
requirements of Section 18 of the Constitution of Virginia.

(b) The right of any citizen of the Commonwealth of Virginia to

vote in any primary or other election for President or Vice-President,
for electors for President or Vice-President, or for Senator or Represen-
tative in Congress of the United States, or to register to vote in any such
primary or such election, shall not be denied or abridged by reason of fail-
ure to pay any poll tax or other tax.
2. That §§ 24-17, 24-67, 24-78, 24-79, 24-120, as amended, § 24-121, as
amended, §§ 24-122, 24-123 and 24-124, of the Code of Virginia, be
amended and reenacted, and that the Code of Virginia be amended by
adding §§ 24-17.1, 24-17.2, 24-28.1, 24-67.1, 24-87.1, 24-119.2 and 24-128.1,
the amended and new sections being as follows:

§ 24-17. Persons entitled to vote at all general elections.—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
general election, in which he offers to vote, has been duly registered *
under the provisions of § 24-67, and who, at least six months prior to
such election in which he offers to vote, has personally paid to the proper
officer all State poll taxes assessed or assessable against him for the three
years next preceding the year in which such election is held, and is other-
wise qualified, under the Constitution and laws of this State, shall be
entitled to vote for members of the General Assembly and all officers
elective by the people. 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
from such removal.

§ 24-17.1. Persons entitled to vote only at elections for certain Fed-
eral officers—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 general election, in which he offers to vote, and who
has been duly registered under the provisions of § 24-67, but who, at
least six months prior to such election in which he offers to vote, has not
personally paid to the proper officer all State poll taxes assessed or assess-
able against him for the three years next preceding the year in which
such election is held, or who has been duly registered under the provisions
of § 24-67.1, in either case if he 1s otherwise qualified under the Constitu-
tion and laws of this State, shall be entitled to vote in the following elec-
tions and no other: primary or other elections for President or Vice-Presi-
dent of the United States, for electors for President or Vice-President of
the United States, or for Senator or Representative in the Congress of the
United States. 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 pre-
cinct from which he has moved, until the expiration of thirty days from
such removal.

§ 24-17.2. Proof of residence required; how furnished.—(a) No
person shall be deemed to have the qualifications of residence required by
Section 18 of the Constitution of Virginia and §§ 24-17 and 24-17.1 in any
calendar year subsequent to that in which he registered under either § 24-67
or § 24-67.1, and shall not be entitled to vote in any election held in this
State during any such subsequent calendar year, unless he has offered
proof of continuing residence by filing in person, or otherwise, a certificate
of residence at the time and in the manner prescribed in paragraph (b) of
this section, or, at his option, by personally paying to the proper officer,
at least six months prior to any such election in which he offers to vote,
all State poll taxes assessed or assessable against him for the three years
next preceding that in which he offers to vote. Proof of continuing resi-
dence may only be established by either of such two methods.

(b) Any person who shall offer proof of continuing residence by
filing a certificate of residence as provided in paragraph (a) of this sec-
tion, shall file with the treasurer of his county or city not earlier than the
first of October of the year next preceding that in which he offers to vote
and not later than six months prior to the election, a certificate in form
substantially as follows:

“I do certify that I am now and have been a resident of Vir-
ginia since the date of my registration to vote under the laws

of Virginia, that I am now @ resident Of ......ccccccccccsssssscccsscccceceececes

(city or county), TESIAING AL ........:sccssssesssssssesecessesscesees (street and

number, or place of residence therein), and that it is my present

intention not to remove from the city or county stated herein
prior to the next general election.

Witnessed:

or
Subscribed and sworn to before ME ENS ......cccccseesssccccccseeeees day of
Every such certificate shall bear the signature of the person offering the
same, and shall be verified by his affidavit or witnessed by at least one

t.

(c) Proof of continuing residence by either of the two methods pro-
vided for in paragraph (a) of this section shall be deemed conclusive, sub-
ject only to challenge under § 24-258.

(d) The treasurer shall keep in his office for public inspection, for
at least two years after the same are filed, the certificates mentioned in
paragraph (b) of this section.

(e) Nothing contained in this or any other section of this Act shall
be construed as affecting any of the provisions of Chapters 2.1 and 18.1
of Title 24 of the Code relating to voters in the armed services.

§ 24-28.1. State Board of Elections to furnish certain books and
forms; appropriation therefor.—The State Board of Elections shall pre-
pare such books as needed for use in recording the list of persons who
have registered without the payment of a poll tax and forms for the filing
of certificates of continuing residence and for the transfer of voters. Such
books and forms shall be furnished by the Board to the clerks of the cir-
cuit courts of the counties and the corporation courts of the cities, to be
by them distributed to the registrars and other election officials of their
respective election districts. The Board shall as soon as possible after the
effective date of this section, furnish to each registrar in the State at least
one of each of such books and forms along with printed instructions as to
the purpose of the forms.

The Board shall as soon as possible after the passage of this Act
cause to be printed a supplemental compilation of the election laws of this
State, which shall include all the provisions of this Act and shall distribute
the same to the election officials throughout the State. A sum sufficient
not exceeding one thousand dollars is hereby appropriated out of the gen-
eral fund of the State to the State Board of Elections for the purpose of
paying the expenses incurred under this section.

24-67. Who to be registered for all elections.—(a) Each registrar
shall register pursuant to the provisions of this paragraph every citizen
of the United States, of his election district, who shall apply in person to
be registered at the time and in the manner required by law, who, * at the
time of the next general election, shall have the qualifications of age and
residence in Section 18 of the Constitution of Virginia, and who * has paid
to the proper officer all State poll taxes assessed or assessable against him
for the three years next preceding the year in which such election is held,
or if he come of age at such time that no poll taxes shall be 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.

(b) The names of all persons who have been registered under para-
graph (a) of this section shall be enrolled in the registration book or type
of record in use on the effective date of this Act, which shall be known as
“Roll of Persons Registered for All Elections.”

(c) Persons registered under paragraph (a) of this section shall
be registered to vote in every general, special or primary election held
in this State; provided that no person registered under § 24-67.1 shall
be deemed registered to vote in any general, special or primary elections
except those elections for the offices enumerated in paragraph (c) of
§ 24-67.1, until he shall have been registered under paragraph (a) of this
§ 24-67.

§ 24-67.1. Who to be registered only for Federal elections.—(a) Each
registrar shall register pursuant to the provisions of this paragraph every
citizen of the United States, of his election district, who shall apply in
person to be registered at the time and in the manner required by law,
who, at the time of the next general election, shall have the qualifications
of age and residence required in Section 18 of the Constitution of Virginia,
but who has not paid all State poll taxes assessed or assessable against
him as required in Section 20 of the Constitution of Virginia and § 24-67.

(b) The names of all persons who have been registered under para-
graph (a) of this section, shall not be enrolled in the registration books
referred to in § 24-67, but shall be enrolled in a separate registration book
or other type of record, which shall be known as “Roll of Persons Registered
for Federal Elections Only.”

(c) Persons registered under paragraph (a) of this section shall
be registered to vote only in primary or other elections for President or
Vice-President of the United States, for electors for President or Vice-
President of the United States, or for Senator or Representative in the
Congress of the United States, and shall not by virtue of registration under
this section be deemed to be registered to vote in any other general, special
or primary elections held in this State.

§ 24-78. Lists of persons registered to be posted and certified to
clerk.—It shall be the duty of the registrar within five days after each
sitting to have posted at three or more public places in his jurisdiction
separate written or printed lists of the names of all persons so admi
to registration, under §§ 24-67 and 24-67.1, respectively, and at the same
time to also certify to the clerk of the circuit court of the county, or the
corporation court of the city a true copy of such lists, and to have * each
list posted on the day of the election at each place of voting in his jurisdic-
tion, showing the names of such registrants residing in that precinct.

§ 24-79. Clerk to record such lists.—It shall be the duty of the clerk,
upon receipt of such lists, to forthwith record in * separate suitable books.
to be kept in his office for that purpose, the names of the registered voters
so certified, in alphabetical arrangement.

§ 24-87.1. Designation of type of registration in certificate of trans-
fer.—Whenever any registrar shall issue a certificate of transfer under
any provision of this chapter, he shall show on the certificate of transfer
whether the person to whom the transfer was issued was registered under
the provisions of § 24-67 or § 24-67. 1. It shall be the duty of the registrar
receiving the transfer, on its appearing to his satisfaction that the person
to whom the certificate was issued has resided, prior to the next election,
for thirty days in the election district to which he desires to transfer, to
enter the name of such person on the registration books or other type of
records of that precinct maintained for persons registered under the sec-
tion shown on the certificate of transfer.

§ 24-119.2. Applicability of certain sections.—The provisions of
§§ 24-68 through 24-119.1, inclusive, shall be applicable mutatis mutandis
to persons registered under the provisions of § 24-67.1.

§ 24-120. Treasurer to file lists with clerk.—The treasurer of each
county and city shall, at least five months before the second Tuesday in
June in each year in which a regular June election is to be held in such
county or city, and at least one hundred and * fifty-eight days before
each regular election in November, file with the clerk of the circuit court
of his county or the corporation court of his city (1) a list of all persons
in his county or city who have filed certificates of residence under § 24-17.2,
and (2) a separate list of all persons in his county or city who have paid
not later than six months prior to each of such dates the State poll taxes
required by the Constitution of this State during three years next preced-
ing that in which such election is to be held, which lists shall state the white
and colored persons separately, if known, and shall be verified by the oath
of the treasurer. The treasurer shall, in each such list, designate as a tribal
Indian any person who requests to be so designated and who shall have fur-
nished the treasurer with an affidavit, made by the Chief of any Indian
tribe existing in this State, that such person is a member of such tribe and
to the best knowledge and belief of the Chief is a tribal Indian as defined
in § 1-14 of the Code of Virginia.

§ 24-121. Clerk to deliver copies of lists to sheriff or sergeant who
shall post same; record of returns.—The clerk within ten days from the
receipt of the lists filed pursuant to § 24-120 shall make and certify a
sufficient number of copies * of each list, and shall deliver one copy of
each list for each voting place in his county or city and one copy of each
list for each of the registrars in * his county or city to the sheriff of *
his county or sergeant of * his city, whose duty it shall be to post one copy
of each list without delay, and in no event later than five days after re-
ceipt thereof, at each of the voting places and to deliver one copy of each
list to each of the registrars in the county or city 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 such copies were respectively posted
and delivered. The clerk shall record the returns in a book kept in his of-
fice for the purpose. However, no failure upon the part of the sheriff or
sergeant to deliver a copy of * such lists or either of them to any registrar
shall operate to invalidate an election.

§ 24-122. Clerk to retain copies for public inspection.—The clerk
shall keep in his office for public inspection, for at least sixty days after
receiving the lists filed pursuant to § 24-120, not less than ten certified
copies * of each list.

§ 24-123. Correction of lists —Within thirty days after the lists
* filed pursuant to § 24-120 have been so posted any person who shall
have reason to believe that his name has been improperly omitted from
either of such certified lists, 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 cor-
rected and his name entered thereon, which application the court or judge
shall promptly hear and decide. If it be decided that the name was im-
properly omitted, the judge shall enter an order to that effect and the
clerk of the court shall correct the list furnished him by the treasurer
accordingly, and deliver a certified copy of such corrected list to the
judges of election at the precinct at which such voter is registered. It
shall be the duty of the treasurer to revise the lists within ten days after
* they have been posted as aforesaid and to correct any omissions or
clerical or typographical errors.

§ 24-124. Duty of clerk to deliver lists with poll books, and forward
copies to Comptroller.—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 in his county or city, a like cer-
tified copy * of each list filed pursuant to § 24-120, and the poll tax list
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
poll tax 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
Comptroller, who shall charge the amount of the poll taxes stated therein
to such treasurer, unless previously accounted for.

§ 24-128.1. Evidence of filing certificate of residence on transfer.—
In any case where a voter has been transferred from one city or county to
another city or county, and has filed the certificate required by § 24-17.2,
upon his request it shall be the duty of the treasurer of the county or city
with whom the certificate was filed, to deliver to such person a certificate
stating therein that such person filed in his office within the time pre-
scribed by § 24-17.2 the certificate required by that section. Such certifi-
cate of the treasurer when submitted by the person to whom it was issued
to the judges of election at the precinct at which he offers to vote shall
be conclusive evidence of the facts stated therein for the purpose of voting.
Any treasurer who shall give a false certificate so as to show that the
certificate of residence has been filed six months before any election when
in fact it has not been so filed shall be guilty of a misdemeanor. The
granting of each false certificate shall constitute a separate offense.
3. Severability Clause—If any part or parts, section, subsection, sen-
tence, clause or phrase of this act or the application thereof to any per-
son or circumstance is for any reason declared unconstitutional, such de-
cisions shall not affect the validity of the remaining portions of this act
which shall remain in force as if such act had been passed with the uncon-
stitutional part or parts, section, subsection, sentence, clause, phrase or
such application thereof eliminated; and the General Assembly hereby de-
clares that it would have passed this act if such unconstitutional part or
parts, section, subsection, sentence, clause or phrase had not been included
herein, or if such application had not been made.
4. Effective Clause.——This Act shall become effective on the date that
the 24th Amendment to the Constitution of the United States is ratified
pursuant to Article V of the Constitution of the United States and the
provisions of Senate Joint Resolution 29 of the Eighty-Seventh Congress
of the United States of America at the second session, which Resolution
passed the Senate on March 27, 1962, and passed the House of Repre-
sentatives on August 27, 1962, or such Act shall become effective ninety
days after the adjournment of the session of the General Assembly at
which it is enacted, whichever shall occur later.