Code of Virginia

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Code of Virginia
Title 15.2. Counties, Cities and Towns
Chapter 12. General Powers and Procedures of Counties
7/5/2022

§ 15.2-1212. Frederick County; resolution of board of supervisors; referendum; election.

A. Upon resolution passed by the board of supervisors of Frederick County and filed with the circuit court asking for a referendum on the question of Frederick County being governed by a board of supervisors, one or more elected from each magisterial district and a chairman elected from the county at large, the court shall by order entered of record, require the regular election officials at the November 1974 regular election to open a poll and take the sense of the qualified voters of the county on the question submitted as herein provided. The clerk of the county shall cause a notice of such election to be published in a newspaper published in or having a general circulation in the county, once a week for three consecutive weeks, and shall post a copy of such notice at the door of the courthouse of the county.

B. The regular election officers of the county at the time designated in the order authorizing the vote shall open the polls at the various voting places in the county and conduct the election in such manner as is provided by law for other elections, insofar as the same is applicable. The election shall be by ballot, and the ballots shall be prepared by the electoral board and distributed to the various election precincts as in other elections. The ballots used shall be printed to read as follows:

"Do you approve the adoption of the county's board of supervisors being elected by magisterial districts and the chairman elected from the county at large?

[ ] Yes

[ ] No"

The squares to be printed in such ballots shall not be less than one quarter nor more than one-half inch in size.

Any person voting at such election shall place a () or a cross (X) or (+) mark or a line (-) in the square before the appropriate word indicating how he desires to vote on the question submitted.

The ballots shall be counted, returns made and canvassed as in other elections, and the results certified by the commissioners of election to the circuit court, and the circuit court, or the judge thereof in vacation, shall enter of record the results of the election. If it appears by the report of the commissioners of election that a majority of the qualified voters of the county voting approve the adoption of the county's board of supervisors being elected from magisterial districts and the chairman being elected from the county at large, the circuit court of the county, or the judge thereof in vacation, shall enter of record such fact.

C. At the next succeeding election, following approval of the plan provided for herein, at which the county's board of supervisors are to be elected, the form of organization of such county's board of supervisors shall be in accordance with the form provided for herein.

D. All county and district officers of such county, unless otherwise sooner removed, shall continue to hold office until their successors are elected and have qualified.

E. A referendum as described in this section to revert to the former method of electing the chairman and supervisors may be conducted upon a resolution of the board of supervisors as provided in this section. In lieu of such resolution by the board of supervisors, a referendum as described in this section may be conducted upon a petition filed with the circuit court of the county, or the judge thereof in vacation, and signed by 10 percent of the qualified voters of such county requesting such referendum, and the court or the judge shall proceed as in the case of a resolution by the board of supervisors.

1974, c. 398, § 15.1-527.1; 1979, c. 333; 1980, c. 393; 1997, c. 587; 2019, c. 632.

The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.