15.2-1602 - Sharing of such officers by two or more units of government. - Virginia Statutes

§ 15.2-1602. Sharing of such officers by two or more units of government.

Two or more units of government may share the officer or officers, or anycombination of them, required by § 15.2-1600 if (i) a petition, signed by anumber of qualified voters equal to fifteen percent of the number of votescast in such units of government by voters thereof and counted for candidatesin the last gubernatorial election in such units of government, and in noevent signed by less than 100 voters of such units of government, is filedwith a circuit court having jurisdiction in one or more of such units ofgovernment, asking that a referendum be held on the question "May the (namesof the units of government) share the (officer or officers), as the case maybe, (naming such officers if less than all) required by Article VII, Section4 of the Constitution of Virginia?"; (ii) following the filing of suchpetition, the court shall by order entered of record, issued in accordancewith Article 5 (§ 24.2-681 et seq.) of Chapter 6 of Title 24.2, require theregular election officials of the units of government to open the polls andtake the sense of the voters on such question and (iii) at the election heldon the day designated by order of such court, a majority of the voters votingin such election in each such unit of government shall have voted "Yes."The clerk of the circuit court which entered the order shall publish noticeof the election in a newspaper of general circulation in such units ofgovernment once a week for three consecutive weeks prior to the election.

The regular election officials of the units of government shall open thepolls at the various voting places in such units of government on the datespecified in the order and conduct the election in the manner provided bylaw. The election shall be by ballot which shall be prepared by the electoralboards of the units of government and on which shall be printed thefollowing:

"May  .................... share the officer or officers, as the case may be,
(naming such officers if less than all) required by Article VII, Section 4 of
the Constitution of Virginia? 

[] Yes

[] No"

In the blank shall be inserted the names of the units of government in whichsuch election is held. The question required by this section may be modifiedto accommodate the naming of the officer or officers. Any voter desiring tovote "Yes" shall mark a check (√) mark or a cross (X or +) mark or a line(-) in the square provided for such purpose immediately preceding the word"Yes," leaving the square immediately preceding the word "No," unchanged.Any voter desiring to vote "No" shall mark a check (√) mark or cross (Xor +) mark or a line (-) in the square provided for such purpose immediatelypreceding the word "No," leaving the square immediately preceding the word"Yes," unmarked.

The ballots shall be counted, returns made and canvassed as in otherelections, and the results certified by the electoral boards to the courtordering such election. Thereupon, the court shall enter an order proclaimingthe results of the election, and a duly certified copy of the order shall betransmitted to the State Board of Elections and to the governing bodies ofthe units of government affected.

Thereafter, the officer or officers shall be elected by the voters of theunits of government desiring to share such officer or officers; however, theprovisions of this section shall not reduce the term of any person holding anoffice at the time the election provided for in this section is held.

(1971, Ex. Sess., c. 223, § 15.1-40.2; 1975, c. 517; 1976, c. 301; 1997, c.587.)