office.

counted.

posed of.

Certificates of

election, when to be made out. Form of certificate.

by the governor, shall subscribe each sheet, upon which the names of the voters who voted at the courthouse, shall be taken, and also obtain the subscription of two or more creditable persons To be filed and re- thereto; which poll, thus subscribed, it shall be their duty to file in corded in clerk's the clerk's office of the said county or corporation, within ten days of the time of holding the election, there to be recorded according Votes, when to be to law. The said commissioners shall, within five days after the election shall have commenced, and in those counties in which any other place or places shall have been prescribed for the holding of a poll or polls for the election of members of the general assembly, after the commissioners who shall have superintended such other elections shall have certified the same, agreeably to the provisions of the last act aforesaid, ascertain the number of votes given for Tickets, how dis- every person who shall have been voted for as an elector: Provided, That until the return shall be signed by the commissioners holding the election, the tickets so delivered in shall be kept by one of the said commissioners, under the seal and subscription of more than one, and shall never be opened nor examined by less than two of the said commissioners. The said commissioners shall, within three days after closing the polls as aforesaid, make out three copies of a return, in the following form: " We, A. B. &c. commissioners for holding the election for electors of a president and vice-president of the United States, for the county, city or borough, (as the case may be,) of do hereby certify, that an election was held on the first Monday in November, for the county, city or borough, (as the case may be,) pursuant to law, and that the number of votes herein specified, opposite to the names of the several persons following, were given for such persons as electors, for the state of Virginia, of a president and vice-president of the United States; namely. [Here a list of such persons' names and votes are to follow.] Given under our hands and seals, this day of in the year one thousand eight hundred and thirty-two." (c) Which returns, written in words and not in figures, shall be sealed and subscribed Returns to whom by the commissioners holding the election. One of the said returns delivered, and shall be delivered to some person among the twenty-two, who shafl have the greatest number of votes; another shall be filed in the clerk's office of the county or corporation electing; and the third shall be transmitted to the governor and council. All of which shall be done within fifteen days after the same shall be made out; Governor to ascer- and the governor shall proceed to ascertain from the said returns the greatest number of votes within the whole state, and immediElectors and pub- ately thereafter notify the persons in writing of their election; and may also advertise their names, as being elected, in such gazettes as he may think proper.

when.

tain who are

elected.

lic to be notified.

How returns to be

ties having separate elections.

4. In those counties in which any other place or places than the made from coun- courthouses thereof shall have been designated by law for holding a separate poll or polls for the election of members of the general assembly, so much of the above returns as may be inconsistent with the provisions relating to such separate elections of electors of president and vice-president of the United States, in the said "act concerning general elections in this commonwealth," shall be so altered as to be accommodated to the provisions of that act; and

Separate elec

tions, how to be conducted.

(c) Returns to be modified, so as to embrace the cases of separate election districts; see acts 1830-31, ch. 1, § 53 to 55, pp. 34, 35; post. ch. 88.

voting twice, to be

the said elections of electors, at all such places of separate elections, shall in all things be conducted in the manner prescribed by the said last recited act. And if it shall appear to the commission- Names of persons ers appointed by the governor in any such county, after receiving stricken from poll. the returns from the commissioners who superintended any precinct election as aforesaid, that any individual has voted more than once in the election, it shall be their duty to reduce the vote of such elector to one. (c)

substituted.

5. If on account of death, sickness or other cause, only one of Commissioners the said commissioners shall attend at the time and place of holding not attending, who the said elections, he is hereby empowered to associate with himself as a commissioner, the sheriff, or any magistrate of the county or corporation electing, who, being qualified as before directed, shall be as competent to act as if he had been appointed and commissioned by the governor, after having submitted the case to the coun

and sergeants.

for neglect of

cil of state for advice. It shall be the duty of the sheriff of every Duty of sheriffs county, and the sergeant of every corporation entitled to elect, to attend the said election, and to remove force, if it be offered. And Penalty on officers if any sheriff or sergeant shall fail in his duty as aforesaid, or if any duty. commissioner shall refuse to take the poll, being required so to do by a candidate, or person qualified to vote, or shall take it contrary to this act, or shall make or sign a false return, or shall falsify the polls or tickets, by erasure or alteration, he or they so offending, shall, for every such offence, forfeit and pay the sum of three hundred dollars, to be recovered with costs in an action of debt, before any court of record in this commonwealth, by any person who will sue for the same.

sealed up and

ble by governor.

6. After the said return shall be made, it shall be the duty of Tickets to be the said commissioners to seal up all the tickets or votes by them kept received in manner herein directed, and endorse their names on the cover as aforesaid, which shall be preserved by one of the commissioners, and shall, if demanded by an order from the governor, When demandaafter having submitted the case to the council of state for advice, within six months of the said election, be forthwith delivered, under the penalty before prescribed in other cases of misconduct; but if the said tickets or votes shall not be demanded within six months after the election, the commissioner holding the same shall no longer be considered as answerable for them. The governor, after having Expenses of resubmitted the case to the council of state for advice, is hereby empowered to defray, by order on the treasury, all reasonable expenses ed. which may be incurred by transmitting the said returns to the executive, whensoever it shall appear that it was necessary to employ a special messenger for that purpose.

turns to execu

tive, how defray

semble.

7. The twenty-two persons having the greatest number of votes Electors, when under this act, shall be electors of a president and vice-president of and where to asthe United States, for and on behalf of this state, provided they attend for that purpose, at the capitol in the city of Richmond, and at the time appointed by law; but if it shall so happen, that any Vacancies to be one or more of the said electors so chosen by the people, under the supplied by the legislature. authority of this act, shall, from any cause whatsoever, fail to attend at the place appointed by the said act, for the meeting of the electors, at three o'clock in the afternoon, on the day preceding the

(c) Returns to be modified, so as to embrace the cases of separate election districts; see acts 1830-31, ch. 1, § 53 to 55, pp. 34, 35; post. ch. 88.

Additional elec

tors, when and how appointed.

Proviso.

day appointed for their meeting by the act of congress; or if by any act of congress, passed during the present session, apportioning representation among the several states, a greater number of representatives in congress shall be allowed to the state of Virginia than twenty, (d) whereby, in respect thereof, and of her two senators in congress, the state shall become entitled to a greater number of electors of president and vice-president of the United States, than twenty-two, the number above provided for; in either event, it shall be lawful for the senate and house of delegates, and they are hereby required, by joint vote, to proceed to supply the vacancy or vacancies of such electors, so chosen, but who shall have failed to attend as aforesaid; and to appoint one or more electors additional to the number of twenty-two aforesaid, until the whole number of electors, to which the state may become entitled, under the said apportionment, shall be completed; which elector or electors, so appointed, in either or both contingencies, shall be entitled to vote for a president and vice-president of the United States, in the same manner as if he or they had been chosen in the manner before prescribed: Provided, nevertheless, That if any elector or electors, chosen by the people, under the authority of this act, shall attend at the hour of ten in the morning of the day appointed for their meeting as aforesaid, then the appointments made for the purpose of supplying such supposed vacancy, shall be void and of no effect. Number of elec- And if by any act of congress, passed as aforesaid, for the apportors, how reduced. tionment of representation among the several states, a number of representatives in congress, less than twenty, shall be allowed to the state of Virginia, whereby, in respect thereof, and of her two senators in congress, the state shall become entitled only to a number of electors less than twenty-two, the number first above provided for, then, in that event, it shall be lawful for the senate and house of delegates, and they are hereby required, by joint vote, to select and appoint from among the said twenty-two electors chosen by the people as aforesaid, a number equal to that to which the state shall have been ascertained to be entitled, which electors, so selected and appointed, (to the exclusion of the one or more not so selected and appointed,) shall be entitled to vote for a president and vicePretermitted elec- president of the United States: Provided, That any elector chosen by the people, but thus pretermitted in the said election, shall be entitled to the same compensation, travelling expenses and ferriages, as if he had been selected and appointed to act and vote in the college of electors. Nothing herein contained shall be so construed as to authorize any compensation to be made to the commissioners to be appointed by this act.

tors entitled to

compensation.

Commissioners

not.

When vacancies

8. If from any cause the legislature shall not be in session on supplied, electors the day on which, under the provisions of this act, it shall become duced by governor necessary to supply the vacancy occasioned by the failure of any

appointed or re

and council.

elector chosen by the people to attend; or to appoint or select any number of electors, additional to those chosen by the people, or to appoint or select any portion of such electors so chosen, so as to reduce the number, as before provided, it shall be lawful for the governor and the members of the council of state who may be present, acting co-ordinately as commissioners, and they are hereby

(d) Number of representatives under the apportionment, twenty-one. entitled to twenty-three electors.

State

required to discharge either or any of these several duties which

may become necessary as aforesaid.

wages allowed

9. Each elector shall be allowed for his travelling expenses and Mileage and ferriages, and for his daily attendance the same compensation that electors. is allowed by law to the members of the general assembly of this state: Provided, That no compensation for travelling, ferriages or Proviso. daily attendance, shall be allowed to any elector, who shall at the same time attend as a member of the general assembly.(e)

10. This act shall commence and be in force from and after the Commencement. passing thereof.

CHAP. 87.-An ACT to amend the act, for arranging the counties of this commonwealth into districts, to choose representatives to congress.*

(Passed January 24th, 1823.)

ties into districts.

1. Be it enacted by the general assembly, That the counties of Division of counthis commonwealth, and the cities and boroughs entitled to representation, shall be divided into twenty-two districts, in the manner following, viz: The counties of Norfolk, Princess Anne, Nansemond, the borough of Norfolk, and Elizabeth City, shall compose one district; the counties of Sussex, Southampton, Surry, Isle of Wight, Prince George and Greenesville, shall compose another district; the counties of Powhatan, Amelia, Chesterfield, the town of Petersburg, and Nottoway, shall compose another district; the counties of Brunswick, Lunenburg, Mecklenburg and Dinwiddie, shall compose another district; the counties of Prince Edward, Charlotte, Buckingham and Cumberland, shall compose another district; the counties of Halifax, Pittsylvania and Campbell, shall compose another district; the counties of Franklin, Bedford, Patrick and Henry, shall compose another district; the counties of York, Matthews, James City, Gloucester, Warwick, Accomack, Northampton and the city of Williamsburg, shall compose another district; the counties of Henrico, Charles City, New Kent, Hanover and the city of Richmond, shall compose another district; the counties of Albemarle, Amherst, Fluvanna, Nelson and Goochland, shall compose another district; the counties of Orange, Madison, Louisa and Spottsylvania, shall compose another district; the counties of King and Queen, King William, Essex, Caroline and Middlesex, shall compose another district; the counties of Westmoreland, Richmond, Lancaster, Northumberland, King George and Stafford, shall compose another district; the counties of Loudoun, Fairfax and Prince William, shall compose another district; the counties of Fauquier and Culpeper, shall compose another district; the counties of Morgan, Berkeley, Jefferson, Hampshire and Hardy, shall compose another district; the counties of Frederick and Shenanloah, shall compose another district;(a) the counties of Monongaha, Brooke, Ohio, Harrison, Tyler and Preston, shall compose another district; the counties of Rockingham, Augusta, Bath, Pendleton and Pocahontas, shall compose another district; the counties of

(e) Pay of delegates, four dollars per day, and four dollars for every twenty miles of travelling, and ferriages.

Acts 1822-3, ch. 40, p. 41. For the manner of holding and conducting these elections, see 1 Rev. Code 1819, ch. 50, pp. 151-155; also, post. ch. 88, § 58, acts 1830-31, ch. 1, § 58, p. 35.

(a) The county of Page is added to the district with Shenandoah, acts 1830-31, ch. 75, § 8, p. 14.

Repealing clause.

Commencement.

Elections when to

present year.

years.

Returning officers conducting elecwhen and where to meet and com

tions of senators

Botetourt, Rockbridge, Montgomery, Giles and Alleghany, shall compose another district;(b) the counties of Kanawha, Mason, Cabell, Greenbrier, Randolph, Wood, Monroe, Lewis and Nicholas, shall compose another district; (c) the counties of Washington, Wythe, Grayson, Russell, Tazewell, Lee and Scott, shall compose another district.(d)

2. All acts and parts of acts coming within the purview of this act, shall be and the same are hereby repealed.

3. This act shall commence and be in force from and after the passage thereof.

CHAP. 88.-An ACT concerning general elections in this commonwealth.* (Passed April 2d, 1831.)

1. Be it enacted by the general assembly, That the election of take place for the delegates for the several counties, cities, towns and boroughs, and election districts entitled to representation, and the eight senators for one of the four classes of senatorial districts, in the room of those to be displaced during this year, shall be held in the several counties, cities, towns and boroughs on their respective court days in the When for future month of August of the present year; and the election of delegates, and of the eight senators for one of the four classes of senatorial districts, in the room of those who will hereafter be annually displaced, shall be held in the several counties, cities, towns and boroughs on their respective court days in the month of April of every future year. The meeting of the returning officers conducting the elections of senators, shall be within fifteen days after the day on which the last election in the senatorial district shall have commenced at the courthouse of the county, the name of which is first mentioned in the constitution, describing the senatorial districts, except that in the districts to which the counties following are attached, that is to say, the counties of Chesterfield, Caroline, Elizabeth City, Goochland, Greenesville, Henry, Madison, Middlesex, Monroe, Morgan, Nelson, New Kent, Norfolk, Preston, Prince Edward, Ohio, Scott, Sussex, Westmoreland and Wythe, the meeting of the said returning officers shall be at the courthouse of the counties above named; and the said returning officers shall in all respects, be governed by the rules and regulations established by this act: Provided, nevertheless, That if from high waters or other unavoidable accident, any returning officer or officers may be prevented from attending at the times and places aforesaid, the other returning officers shall adjourn from day to day, until the business be completed.

pare poils.

Proviso.

No elector to vote

2. No elector shall vote more than once for any senator in the more than once in same district, at any one election.

election of sena

tor.

(b) The county of Floyd is added to the district with Montgomery, acts 1830-31, ch. 73, § 8, p. 139.

(c) The county of Logan is added to this district, acts 1823-4, ch. 11, § 8, p. 21; also, the county of Fayette, acts 1830-31, ch. 70, § 8, pp. 135, 136; and the county of Jackson, acts 1830-31, ch. 74, § 9, p. 140.

(d) The county of Smyth is added to the district with the county of Wythe, acts 1831-2, ch. 67, § 9, p. 48.

*Acts 1830-31, ch. 1. pp. 15-36. This act comprising the general regulations for conducting separate elections, repeals all prior laws upon that subject,those laws are therefore omitted in this supplement, and as well as the laws establishing separate elections in particular counties are inserted only by their titles.