22.1-45 - Referendum to revert to appointment by school board selection commission. - Virginia Statutes

§ 22.1-45. Referendum to revert to appointment by school board selectioncommission.

A. Upon a petition (i) filed with the circuit court of any county which haschanged the method of appointment of the members of the school board toappointment by the governing body as a result of a referendum as provided inthis article or former §§ 22-79.1 through 22-79.6, (ii) signed by a number ofregistered voters of the county equal to fifteen per centum of the number ofvotes cast in the county in the preceding presidential election, and (iii)asking that a referendum be held on the question of changing the method ofselection of members of the county school board, the court shall, by orderentered of record, require the regular election officials on the day fixed insuch order to open the polls and take the sense of the qualified voters ofthe county on the question printed on the ballot as herein provided. Theclerk of the county shall cause a notice of such referendum to be publishedin some newspaper published or having a general circulation in the countyonce a week for three successive weeks prior to such referendum and shallpost a copy of such notice during the same time at the front door of thecourthouse of the county. The ballots used in such referendum shall beprinted as follows:

"Shall the present method of selecting the members of the county schoolboard be changed from appointment by the governing body of the county toappointment by a school board selection commission?

Yes []

No [] "

The ballots shall be counted, returns made and canvassed as in otherelections, and the results certified by the electoral board to the StateBoard of Elections, the clerk of the county and the circuit court; and thecourt shall enter of record the results of such referendum.

B. If the majority of the votes cast in such referendum shall be for theproposition, a school board selection commission shall be appointed asprovided in § 22.1-35 and the commission shall appoint the members of thecounty school board and the tie breaker as provided in Article 2 (§ 22.1-34et seq.) of this chapter as the terms of the incumbents expire or asvacancies otherwise occur.

If a majority of the votes cast in such referendum are against theproposition, the members of the school board and the tie breaker shallcontinue to be appointed by the governing body as provided in this article.

(1980, c. 559.)