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which said person resides; and no voter who has been heretofore registered at any election district in this state shall be entitled to be registered in any other election district unless he shall deliver to the registrar of the district in which he offers to be registered said certificate, which shall be kept on file by said registrar.
Sec. 83. (87 Va. 689.]
ELECTION OF STATE, COUNTY, DISTRICT, AND CITY OFFICERS, AND THE TERMS
OF THEIR OFFICES; FILLING VACANCIES.
Sec. 95. Surveyors and superintendents of the poor; how ap- As Amended
. pointed; term of office.-Each county court judge, upon the recom- Previous
Amendments mendation of the board of supervisors of his county, shall, at the May 1889 90, p. 233 term of his court, in the year eighteen hundred and ninety-one and every (Private Acts)
1893 4, p. 795. fourth year thereafter, appoint for each county in which he holds his court one county surveyor and one superintendent of the poor: provided, that such judge may, if he think proper, reject the recommendation, and unless the board of supervisors recommend other persons suitable, in his opinion, for said offices, within thirty days after their first recommendation has been rejected, he shall fill the said offices, or either of them, by his own appointment in term or vacation.
No recommendation made by the board of supervisors shall be rejected by the judge except for reasons entered of record.
Sec. 97. [90 Va. 679.]
Sec. 98. When clerks of city courts elected ; term of office; when As Amended clerk of corporation court to be clerk of circuit court; when mayor, sergeant, commissioner, commonwealth's attorney, and treasurer elected ; term of office.—There shall be chosen by the qualified voters of each city, at the general election held in May, eighteen hundred and eighty eight, and every six years thereafter, a clerk of the corporation or bustings court, who shall also be clerk of the circuit court of such city, but in cities containing a population of thirty thousand or more there shall be elected at the same time a separate clerk for such circuit court, and in the city of Richmond also a clerk of the chancery court, who shall hold their offices, respectively, for the term of six years; and at the general election held in May, in the year eighteen hundred and eighty-eight, and every two years thereafter, a mayor, a city sergeant, and a commonwealth's attorney, who shall also be commonwealth's attorney for the circuit court of said city, who shall hold their offices, respectively, for the term of two years; and at the general election held in May, in the year eighteen hundred and eighty-eight, and every three years thereafter, a city treasurer, who shall hold his office for the term of three years ; and at the general election held in May, eighteen hundred and ninety, and every four years thereafter, there shall be clected a commissioner of the recenue, who shall hold his office for the term of four years : provided, that wherecer a commissioner of the recenue for any city of this commonwealth has been elected or appointed for the term of four years under and by virtue of the charter of said city, the term of such commissioner so elected or appointed shall be held and deemed to continue for the said four years, anything in any law to the contrary noticithstanding.
As Amended Sec. 99. City charter to govern time of election.-Where the time 1889-90, p. 46.
for electing any of the officers mentioned in the preceding section is prescribed by the charter of a city, such officer shall be elected at the time so prescribed although the same may be variant from that mentioned in said
section. As Amended
Sec. 102. When officers to enter upon their duties.-All state officers 1897-8, p. 245.
chosen at a general election shall, unless otherwise provided, enter upon the duties of their respective offices on the first day of January next thereafter, and all county, corporative and district officers, whether chosen at a general election or appointed for a term, shall, unless otherwise provided, enter upon the duties of their respective offices on the first day of July next thereafter, except the superintendent of the poor for Nelson county, who shall thereafter enter upon the duties of his office on the first day of January next after his appointment. They shall continue to discharge the duties of
their respective offices until their successors shall have qualified. As Amended Sec. 106. How vacancies filled.—When a vacancy occurs in any 1897-8, p. 687.
county, corporation, or district office the same shall be filled by the court Amendment of the county or corporation in which it occurs, or the judge thereof in 1891-2, p. 564.
vacation : provided, however, that if such vacancy occurs in any office of a corporation as to filling which vacancy there is no provision in the charter or ordinances of such corporation, and which has no corporation or hustings court, the same shall be filled by the court of the county in which said corporation is situated or by the judge thereof in vacation. When in the office of clerk of a circuit court, if the clerk of the county or corporation court be not the clerk thereof, by such circuit court or the judge thereof in vacation. When in the office of clerk of the chancery court of the city of Richmond, by the said court or the judge thereof in vacation. When in the office of sheriff of said city, by the circuit court thereof; and when in the office of corporation or hustings court clerk, or attorney for the commonwealth for a city, by the corporation or hustings court of such city or the judge thereof in vacation The term of office of any person appointed under this section shall commence as soon as he shall qualify and continue for the unexpired term of such oflice: provided, further, when a vacancy occurs in a corporation office, and the charter of such corporation prescribes the mode of filling such vacancy, the vacancy shall be filled in the mode so prescribed.
GENERAL AND SPECIAL ELECTIONS ; WHEN AND WHERE TO BE HELD ; REGULA
TION FOR THEIR CONDUCT AND GOVERNMENT; COMPENSATION FOR SER
VICES IN ELECTIONS.
As Amended Sec. 112. Election districts; how constituted.—Each magisterial 1887-8, p. 16.
district of a county, and each ward of a city, shall severally constitute an election district unless such magisterial district or ward be divided into more election districts than one, and the elections therein shall be held at such place or places as may be designated by the proper authorities appointed by law for that purpose. The election districts and voting places as constituted on the day before this Code takes etfect shall so
continue unless and until changed as hereinafter provided. As Amended 1897-8, P. 858.
Sec. 117. How judges of election appointed; failing to attend, who to 93 Va. 491. act.-It shall be the duty of the electoral board of each city and county 2 Va. L. R. 447. 3 Va. L. R. 284. elected at the present session of the general assembly, on or after the first
day of June, eighteen hundred and ninety-eight, and on or after the first day of June in each year thereafter, to appoint three competent citizens, being qualified voters, who shall constitute the judges of election for all elections to be held in their respective election districts for the term of one year dating from their appointment or until their successors are appointed, and who shall have power to appoint two clerks for each place of voting at such election, to whom shall be administered by the judges, or either of them, or by the officer swearing the judges, the same oath as that taken by the said judges. Whenever it is possible to do so, the persons so appointed judges of election shall be chosen for each voting place from persons known to belong to different political parties, each one of whom shall be able to read and write. The members of any electoral board who shall wilfully fail to comply with this requirement shall be deemed guilty of a misdemeanor, and on conviction thereof shall be fined not less than one hundred nor more than five hundred dollars; but no election shall be deemed invalid when the judges shall not belong to different political parties or who shall not possess the above qualifications. Should any judge of election fail to attend at any place of voting for one hour after the time prescribed by law for opening the polls at such election it shall be lawful for the judge or judges in attendance to select from among the bystanders one or more persons possessing the qualification of judges of election, who shall act as judge or judges of such election, and who shall have all the powers and authority of judges appointed by said electoral board : provided, how. ever, that if the judge or judges present have information that the absent judge or judges will not attend, he or they need not wait for the expiration of an hour or any other time. Should all the judges appointed for any place of voting fail to attend at the place of voting for one hour after the time prescribed by law for opening the polls at such election, it shall be the duty of any justice of the district in which the election is held, who shall be applied to for that purpose, or the mayor, if the election is in any election district in a town or city, to appoint three judges of election for such election district, who shall possess the same qualifications and have the same powers as judges appointed by an electoral board. Should no judges of election be appointed for any county, city, or place of voting therein, or if appointed they neglect or refuse to act for one hour after the time prescribed by law for opening the polls at such election, it shall be jawful for any three qualified voters of the district, who shall be present and willing to act, upon taking the oath prescribed for judges of election, to proceed to hold, conduct, and certify the election in the manner provided in this chapter, and for that purpose shall have all the powers and authority of judges appointed by an electoral board.
Sec. 117 a. To terminate and declare vacant the offices of judges of 1897-8, p. 932. election at a certain date.—The terms of office of the judges of election appointed by the electoral boards of the various counties and cities of the state heretofore and prior to the thirty-first day of May, eighteen hundred and ninety-eight, shall terminate on the said thirty-first day of May, eighteen hundred and ninety-eight, and the offices of all judges of election shall be and are hereby declared vacant as of said date.
Sec. 120. Form of poll books. The following shall be the form of poll As Amended
1897-8, p. 710. books to be kept by the judges and clerks of election : Poll books of the election held in the county of
in the election district of (or in the election district of
ward of city), in the year one thousand eight hundred and
A B, CD,
A B, )
and E F, judges, and GH, clerk of said election, were respectively
Number and names of elector's.
given for each candidate.
votes for governor, and B had votes for governor; that C had
votes for lieutenant gov ernor, and so forth. G H, clerk,
CD, Judges. I G, clerk. As Amended Sec. 122 a. Method of voting by ballot. -1. Be it enacted, &c. 1895-6, p. 763. Original Act
2. That every elector shall vote by ballot. 1893-4, p. 862.
3. HOW BALLOT DELIVERED.-Each person offering to vote shall deliver 91 Va. 322. 93 Va. 494. a single ballot to one of the judges of election in the presence of at least 2 Va. L. R. 447.
one of the other two judges.
4. MATERIAL AND CONTENTS OF BALLOT.-The ballot shall be a white paper ticket containing the names of the persons who have complied with the provisions of this act as hereinafter provided, and the title of the office printed or written as hereinafter provided. None other shall be a
legal ballot except as hereinafter provided. As Amended 5. DUTY OF CANDIDATES FOR OFFICE. —Any person who intends to be a 1897-8, P. 857.
candidate for any office, state or national, to be elected by the electors of the state at large or of a congressional district shall, at least twenty days before such election, notify the secretary of the commonwealth in writing, attested by two witnesses, of such intention, designating the oflice for which he is a candidate. Such written notice shall be signed by the said candidate, but if he be incapable of writing his proper signature, then some mark adopted by him as his signature shall be acknowledged before a justice of the peace or other officer authorized to take acknowledgments to deeds and in the same manner. Any person who intends to be a candidate for any office not embraced in the foregoing at any election shall give notice at least twenty days before such election to the clerk or clerks of the county or hustings courts of the county or counties or the city or cities whose electors vote for the candidate for such office, which notice shall in all respects be in the same form as that above described required to be given to the secretary of the commonwealth.
No person not announcing his candidacy for above shall have his name printed on the ballots provided for such election. On receipt of the foregoing notice it shall be the duty of the secretary of the commonwealth to notify the secretary of each electoral board of each county or city of the state or of said congressional district, and it shall be the duty of said clerk or clerks to notify the secretary of the electoral boards of their respective counties or cities, which notices shall be sent by the secretary of the commonwealth and clerks immediately after the time has expired in which
candidates may give notice of their candidacy as prescribed by this section. Said clerks shall send copies of the original notices of candidacy to the secretary of electoral board when they notify him. Whenever any secretary of an electoral board is elected he shall at once notify the secretary of the commonwealth of his election and inform him as to his postoffice address.
6. HOW AND WHEN BALLOTS PRINTED.-It shall be the duty of the electoral boards of the several counties and cities within the state, within ten days preceding each election, to cause to be printed a number of ballots equal to twice the entire registered vote of the said county or city: provided, however, that in a magisterial district or wards of a city only the names of the candidates to be voted for in said district or ward shall be placed on said ballots. These ballots shall contain the names of all candidates complying with the provisions as above required printed in black ink immediately below the office for which they have so announced their candidacy, and the names on said ballot shall be printed in the same order and each name in separate line, and the type used in printing said ballots shall be plain roman type not smaller than the type known as pica.
7. OATH OF THE PRINTER.-The printer with whom the board shall contract for the printing of the said ballots shall, before the work is commenced, take an oath before the secretary of said board, who is hereby empowered to administer said oath, to the following effect: I, -, solemply swear that I will print (here insert number) ballots according to the instruction of the electoral board of the county (or city) of - ; that I will print, and permit to be printed, directly or indirectly, no more than the above number; that I will at once destroy all imperfect and perfect impressions other than those required to be delivered to the electoral board ; that as soon as said number of ballots is printed I will distribute the type used for said work; and finally, that I will not communicate to any one whomsoever, in any manner whatsoever, the size, style, or contents of said ballots.
This oath shall be reduced to writing and signed by the person taking it, and also a similar affidavit shall be required of any employee or other person engaged upon said work, or who shall have access to it; and any intentional violation of said oath shall constitute the crime of perjury. It shall be the duty of said board to designate one of their number to be continuously present in the room in which the said ballots are printed from the commencement until the end of said work, and see that the undertakings of said oath are strictly complied with. For the faithful discharge of said duty he shall receive the compensation of two dollars. As soon as said ballots are printed they shall be securely wrapped and sealed, and such member of the electoral board shall take them into his exclusive possession, allowing no one to examine them ; nor shall such member communicate to any one any information as to the size, style, or contents of said ballots, He shall continue in such exclusive possession until he delivers said ballots to the electoral board as hereinafter provided. Any violation of the provisions of this section, for which no punishment has been otherwise provided, shall be deemed a misdemeanor and punished by a fine of two hundred dollars and imprisonment for one month in jail.
8. ELECTIONS FOR PRESIDENT AND VICE-PRESIDENT.–And in elections for president and vice-president of the United States the names of electors selected by the different political parties, together with the names of the candidates for whom they are expected to vote in the electoral college, shall be furnished to the secretary of the commonwealth by any person or persons representing said parties at least thirty days before any election for