CHAPTER 463

An Act to amend and reenact § 15.1-589 of the Code of Virginia, and
to amend the Code of Virginia by adding thereto a section numbered
15.1-589.1, relating to the board of supervisors of a county adopting
the county executive form of government, their election, term of
office, the filling of vacancies on said board, and to provide for the
approval of this act by the qualified voters of certain counties.

(S 196]
Approved April 4, 1966

Be it enacted by the General Assembly of Virginia:

1. That § 15.1-589, as amended, of the Code of Virginia be amended
and reenacted and that the Code of Virginia be amended by adding thereto
a new section numbered 15.1-589.1, the amended and reenacted section
and the new section being as follows:

§ 15.1-589. The powers of the county as a body politic and corporate
shall be vested in a board of county supervisors, to consist of * not less than
three nor more than seven members to be elected by the qualified voters
of the county at large, or solely by the qualified voters of the respective
magisterial district of which each member is a qualified voter, depending
upon the result of the election held upon the questions submitted to the
voters pursuant to § 15.1-589.1 of the Code. There shall be on the board
for each magisterial district one member, and no more, who shall be a
qualified voter of such district.

If any county having more than seven or less than three magisterial
districts adopts this form of government, the said board shall consist of
five members elected from the county at large. But if at least sixty days
prior to any election of such board the number of such districts be reduced
to not more than seven nor less than three, the members of such board
shall be elected as prescribed in the foregoing paragraph.

The supervisors first elected shall hold office until the first day of
January following the next regular election provided by general law for
the election of supervisors. At such election their successors shall be
elected for terms of four years each.

_ _ Any vacancy on the board of county supervisors shall be filled by the
judge of the circuit court of the county; his appointee shall hold office
during the remainder of the term of his predecessor in office.

§ 15.1-589.1. The governing body of any county which has adopted
the county executive form of government as provided in Chapter 868 of the
Acts of 1982, at an election held prior to April sixth, nineteen hundred
and forty-two, for that purpose pursuant to the provisions of said chapter,
may by resolution petition the circuit court of the county requesting that
a referendum be held on the following question: Shall the county board
of supervisors be elected solely by the qualified voters of each magisterial
district, or by the qualified voters of the county at large? The court or the
judge thereof in vacation shall by order entered of record, require the
regular election officials on a day fixed in such order to open a poll and
take the sense of the qualified voters of the county on the question sub-
mitted as herein provided. The referendum election shall be held not more
than ninety days nor less than sixty days from the filing of the resolution,
but not within thirty days of any general election, but it may be held ona
day fixed for the holding of a “general election,” as defined in § 24-846 of
the Code, provided such day falls within the time limit prescribed herein.
The clerk of the county shall cause a notice of such referendum election
to be published in some newspaper published in or having a general cir-
culation in the county once a week for four consecutive weeks and shall
post a copy of such notice at the door of the court house of the county.
In lieu of such resolution by the board of supervisors, upon a petition
filed with the circuit court of the county, or the judge thereof in vacation,
signed by ten per cent of the qualified voters of such county requesting
such referendum, the court or the judge shall proceed as in the case of @
resolution filed by the board of supervisors. The ballot used shall be printed
to read as follows:
Shall the county board of supervisors be elected by the qualtfied
phe of each magisterial district, or by the qualified voters of the county
at large:

[ ] By qualified voters of each magisterial district.

{ ] By the qualified voters of the county at large.

The ballots shall be marked in accordance with the provisions of
§ 24-141 of the Code.

The ballots shall be counted, returns made and canvassed as in other
elections, and the result certified by the commissioners of election to the
circuit court of the county or judge thereof in vacation. The circuit court,
or the judge thereof in vacation, shall enter of record the fact of which
method of election of supervisors has been chosen by a majority of the
qualified voters participating in such referendum election, and an election
for members of the board by such method in that county shall be held
at the next regular November election of such officers, and every four
years thereafter, as provided in § 24-157 of the Code.

In any election pursuant to §§ 15.1-582 to 15.1-585, the question pro-

vided for in this section shall be submitted to the voters, in addition to
the question or questions required by § 15.1-584.
2. This act shall not become effective in any county which, prior to
January 1, 1966, has adopted the county executive form of government, as
provided in Chapter 368 of the Acts of 1932, until it has been submitted to
the qualified voters thereof in an election held for such purpose, and ap-
proved by a majority of those voting thereon. Such election shall be called
and held and the results thereof certified, in accordance with the procedure
set forth in § 15.1-589.1. The ballots used shall be printed to include, in
addition to. the question set out in § 15.1-589.1, the following:

Shall § 15.1-589.1 of the Code of Virginia, providing for an election
to determine in what manner members of the board of supervisors shall
be elected, become effective in this county?

8. Anemergency exists and this act is in force from its passage.