CHAPTER 527

An Act to provide for the submission of a proposed amendment to Section
28 of the Constitution of Virginia to the qualified voters for rattfica-
tion or rejection, and to prescribe when and how such referendum shall
be had, and the manner in which the results thereof shall be ascer-
tained and certified, the returns canvassed, and the vote thereon pro-
claimed by the Governor.

[H 563]

Approved March 31, 1964

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, nine-
teen hundred sixty-four, 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:

Strike from the Constitution of Virginia Sec. 28 which is as follows:

Sec. 28. Ballots—The General Assembly shall provide for ballots
without any distinguishing mark or symbol, for the use in all State,
county, city and other elections by the people, and the form thereof shall
be the same in all places where any such election is held. All ballots shall
contain the names of the candidates, and of the offices to be filled, in clear
print and in due and orderly succession; but any voter may erase any
name and insert another.

And insert in lieu thereof the following:

Sec. 28. Ballots—The General Assembly shall provide for ballots
without any distinguishing mark or symbol, for the use in all State,
county, city and other elections by the people, and the form thereof shall
be the same in all places where any such election is held. All ballots shall
contain the names of the candidates, and of the offices to be filled, in clear
print and in due and orderly succession. 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 (\V) or cross (* or +-) mark or a line (—) immediately
preceding the name inserted.

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

Question: Shall section twenty-eight of the Constitution of Virginia
be amended so as to permit write-in voting in other than primary elections
and to prescribe the manner in which ballots may be marked in such

cases?
[] For

[1] 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 state-
ment 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 elec-
tions; and it shall be the duty of the State Board of Elections to record
said certified 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 ratifi-
cation 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 city, 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 ser-
geants 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

strict.

The expenses incurred in conducting this election shall be defrayed as
in the case of the election of members of the General Assembly.