In addition to other applicable requirements of law, the following requirements shall apply whenever a referendum election is initiated by voter petitions. The requirements of this section shall be construed to override any requirement of general or special law in conflict with this section, except requirements set out in charter provisions to govern the exercise of recall, initiative, or referendum powers in a county, city, or town.
The requirements of this section shall apply to petitions calling for any referendum which is ordered to be held on or after January 1, 1994.
1. Prior to circulating any petition for signature, an individual shall file a copy of the petition with the clerk of the circuit court for the county or city in which the referendum will be held. The individual shall be a qualified voter of the county or city and shall file, with the petition copy, a statement giving his name; residence address and, if different, his mailing address; and the name of the organization, if any, which he represents in circulating the petition. The copy of the petition shall be filed on or after the effective date of the law which authorizes the referendum for which the petition will be circulated. The clerk shall certify, within 10 days of such filing, that he has received and accepted the petition copy and statement.
2. If the referendum will be held only in a town, the copy and statement shall be filed with the clerk of the circuit court for the county in which the town, or larger portion of the town, is located, and the individual shall be a qualified voter of the town. If the referendum will be held only in part of a county, city, or town, the copy and statement shall be filed with the clerk of the appropriate circuit court, and the individual shall be a qualified voter of the part of the county, city, or town in which the referendum will be held. If the referendum will be held in more than one county, city, or town, the copy and statement shall be filed with the clerk of the circuit court of any one of the localities in which the referendum will be held, and the individual shall be a qualified voter of that locality.
3. Each qualified voter signing a petition shall date his signature.
4. Each such voter may provide on the petition the last four digits of his social security number, if any; however, noncompliance with this requirement shall not be cause to invalidate the voter's signature on the petition.
5. Each signature on the petition shall be witnessed by a person who is qualified to vote, or qualified to register to vote, in the referendum for which he is circulating the petition and whose affidavit to that effect, including his name, residence address and, if different, his mailing address, and the name of the organization, if any, that he represents in circulating the petition, appears on each page, front and back, of the petition.
6. The petition shall be circulated, completed, and filed with the appropriate court or authority within nine months of the date of the certification by the clerk of the circuit court pursuant to subdivision 1.
7. Each qualified voter signing the petition shall have been validly registered in the jurisdiction for which the petition is circulated at the time of signing the petition and at the time of validating the petition signatures.
8. The number of voters registered on January 1 of the year of the certification by the clerk of the circuit court pursuant to subdivision 1 shall be the basis for determining the number of signatures required on the petition in all cases in which the law authorizing the referendum provides that the number of signatures required for the petition is a percentage of the number of registered voters.
9. If the court or authority finds that the filed petitions are valid and sufficient under law, it shall proceed, as provided by law, to order or call for the referendum election. If the court or authority finds that the filed petitions are invalid for any cause, the petitions and the signatures on them shall be invalid for all purposes. The invalidity of one or more signatures on a petition page shall not be cause to invalidate the entire petition page. If the circulators of the petitions fail to file within the nine-month period provided in subdivision 6, the petitions and the signatures on them shall be invalid for all purposes.
1993, c. 996, § 24.1-165.3; 1993, c. 641; 2000, cc. 232, 252; 2011, cc. 333, 520.
Structure Code of Virginia
§ 24.2-601. Town election process
§ 24.2-603. Hours polls to be open; closing the polls
§ 24.2-603.1. Postponement of certain elections; state of emergency
§ 24.2-604. Polling places; prohibited activities; prohibited area; penalties
§ 24.2-604.1. Signs for special entrances to polling places
§ 24.2-604.2. Polling places; prohibited area; emergency situations
§ 24.2-604.3. Election day page program; high school students
§ 24.2-604.5. Polling places; presence of additional persons authorized
§ 24.2-604.6. Polling places; simulated election activities
§ 24.2-605. Loudspeakers prohibited at polls; penalty
§ 24.2-606. Preservation of order at elections
§ 24.2-608. Officers to decide order of voting
§ 24.2-610. Materials at polling places
§ 24.2-611. Form and signing of pollbooks; records of persons voting; electronic pollbooks
§ 24.2-612.1. Ballots; death, withdrawal, or disqualification of candidates
§ 24.2-612.2. Notice of withdrawal of candidates
§ 24.2-614. Preparation and form of presidential election ballots
§ 24.2-615. Separate questions for proposed constitutional amendments, etc.; uniform ballots
§ 24.2-616. Duties of printer; statement; penalty
§ 24.2-620. Dividing ballots into packages for each precinct; delivery of absentee ballots
§ 24.2-621. Delivery of packages to officers; opening packages
§ 24.2-622. Unofficial sample ballots
§ 24.2-623. Ballot containers to be supplied by governing bodies; construction and custody
§ 24.2-624. Opening and closing ballot containers; opening polls
§ 24.2-625. Application of Title 24.2 and general law
§ 24.2-625.1. Voting equipment security
§ 24.2-625.2. Wireless communications at polling places
§ 24.2-626. Governing bodies shall acquire electronic voting systems
§ 24.2-626.1. Acquisition and use of accessible voting devices
§ 24.2-627. Electronic voting systems; number required
§ 24.2-629. State Board approval process of electronic voting systems
§ 24.2-630. Experimental use of approved systems
§ 24.2-631. Experimental use of voting systems and ballots prior to approval of the system
§ 24.2-632. Voting equipment custodians
§ 24.2-633. Notice of final testing of voting system; sealing equipment
§ 24.2-634. Locking and securing after preparation
§ 24.2-635. Demonstration of equipment
§ 24.2-636. Instruction as to use of equipment
§ 24.2-637. Furniture and equipment to be at polling places
§ 24.2-639. Duties of officers of election
§ 24.2-642. Inoperative equipment
§ 24.2-643. Qualified voter permitted to vote; procedures at polling place; voter identification
§ 24.2-644. Voting by paper ballot; voting for presidential electors; write-in votes
§ 24.2-645. Defaced printed ballots
§ 24.2-646.1. Permitted use of paper ballots
§ 24.2-647. Voting systems; demonstration on election day
§ 24.2-648. Write-in votes on voting equipment
§ 24.2-649. Assistance for certain voters inside the polling place; penalties
§ 24.2-649.1. Assistance for certain voters outside of the polling place
§ 24.2-650. Officers to sign only official papers, etc.
§ 24.2-651. Voter who is challenged; how challenge tried
§ 24.2-651.1. Voter who is shown as having already voted; provisional ballots
§ 24.2-652. Voter whose name erroneously omitted from pollbook; provisional ballots
§ 24.2-653. Provisional voting; procedures in polling place
§ 24.2-653.01. Provisional ballots; electoral boards to make determination as to validity
§ 24.2-653.1. Voters who did not receive absentee ballots; provisional ballots
§ 24.2-653.3. Voters assigned to split precinct; provisional ballots
§ 24.2-655. Representatives of political parties and candidates to be present on request
§ 24.2-657. Determination of vote on voting systems
§ 24.2-658. Machines with printed return sheets; disposition of sheets
§ 24.2-661. Detection and setting aside of double ballots
§ 24.2-662. Procedure when paper ballots exceed names on pollbooks
§ 24.2-664. Reduction in number of ballots
§ 24.2-665. How paper ballots counted
§ 24.2-666. Procedures to account for paper ballots
§ 24.2-667. Completion of statement of results
§ 24.2-667.1. Reporting of results; absentee votes
§ 24.2-669. Clerk to keep ballots; inspection; destruction
§ 24.2-670. Clerk to send for books and ballots if not delivered by officers
§ 24.2-671. Electoral board to meet and ascertain results; conclusiveness of results
§ 24.2-671.2. Risk-limiting audits
§ 24.2-672. Electoral board to correct irregularities in returns of officers of election
§ 24.2-673. Candidates having highest number of votes to receive certificate of election
§ 24.2-673.1. (Expires July 1, 2031) Ranked choice voting
§ 24.2-674. Determination by lot in case of tie
§ 24.2-675. Abstracts of votes to be made by secretary and forwarded to State Board and to clerks
§ 24.2-676. Secretary to make out and deliver certificate of election
§ 24.2-677. State Board to open and record returns; application of Freedom of Information Act
§ 24.2-678. Law-enforcement officer to be sent for abstracts not forwarded
§ 24.2-679. State Board to meet and make statement as to number of votes
§ 24.2-680. Certificates of election
§ 24.2-681. How special elections superintended and determined
§ 24.2-682. Times for special elections
§ 24.2-683. Writ for special election to fill a vacancy
§ 24.2-684. How referendum elections called and held, and the results ascertained and certified
§ 24.2-684.1. Requirements for voter petitions to call for referendum elections
§ 24.2-685. Special elections; request for abolition of constitutional offices
§ 24.2-687. Authorization for distribution of information on referendum elections