CHAPTER 788

An Act to amend and reenact § 2.1-83 of the Code of Virginia, relating
to holding State or local office or employment while holding office or
employment under the government of the United States. rH 763]

Approved April 5, 1968

Be it enacted by the General Assembly of Virginia:

Fai That § 2.1-33 of the Code of Virginia be amended and reenacted as
ollows:

§ 2.1-38. Further exceptions.—§ 2.1-30 shall not be construed:

(1) To prevent members of Congress from acting as justices of the
peace, visitors of the University of Virginia or the Virginia Military In-
stitute, or from holding offices in the militia;

(2) To exclude from offices under the State, city or town government
or offices under any county, a person to whom a pension has been granted
by the United States or who receives retirement compensation in any
manner from the United States, or any person receiving or entitled to
receive benefits under the Federal Old-Age and Survivors’ Insurance Sys-
tem or under the Federal Railroad Retirement Act;

(3) To exclude from such office or post officers or soldiers on account
of the recompense they may receive from the United States when called
out in actual duty;

(4) To prevent United States commissioners or United States census
enumerators, supervisors, or the clerks under the supervisor of the United
States census, or fourth-class or third-class postmasters, or United States
caretakers of the National Guard of Virginia, from acting as notaries,
school trustees, justices of the peace, or supervisors, or from holding any
district office under the government of any county, or the office of council-
man of any town or city in this State;

(5) To prevent any United States rural mail carrier, or star route
mail carrier from being appointed and acting as notary public or holding
any county or district office;

(6) To prevent any civilian employee of the United States govern-
ment from being appointed and acting as notary public;

(7) To prevent any United States commissioners or United States
park commissioners or referees in bankruptcy from holding the office of
commissioner in chancery, bail commissioner, jury commissioner, com-
missioner of accounts, assistant commissioner of accounts, assistant police
justice or substitute or assistant civil justice, or assistant judge of a
municipal court of any city or assistant judge of a juvenile and domestic
relations court of any city, or judge of any county court or juvenile and
domestic relations court of any county, or the municipal court or court of
limited jurisdiction, by whatever name designated, of any incorporated
_—

(8) To prevent any person holding office or a post of profit, trust or
emolument, civil, legislative, executive or judicial, under the government
of the United States, from being a member of the militia, or holding office
therein, or from being a director in a State institution;

(9) To prevent foremen, quartermen, leading men, artisans, clerks
or laborers, employed in any navy yard or naval reservation in Virginia
from holding any office under the government of any city, town or county
in this Commonwealth ;

(10) To prevent any United States government clerk from holding
any office under the government of any town or city; or from being ap-
pointed as special policemen for a county by the circuit court or judge
thereof as provided for in § 15.1-144;

(11) To prevent any United States government employee, otherwise
eligible, from holding any office under the government of any county in
this State having a population in excess of three hundred inhabitants per
square mile, or of any city or county adjoining any county having a popula-
tion in excess of two thousand inhabitants per square mile;

(12) To prevent any person holding an office under the United States
government from holding a position under the management and control
of the State Board of Health;

(13) To prevent any State federal director of this State in the em-
ployment service of the United States Department of Labor from holding
the office of Commissioner of Labor of this State: or

(14) To prevent clerks and employees of the federal government en-
gaged ir in the departmental service in Washington from acting as school

S

(15 ) To prevent any United States government employee, otherwise
eligible, from serving as a member of the governing body or school board
of any county, city or town.