{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/59.1-391.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/59.1-391.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/59.1-391.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/59.1-391.html"}],"law_id":58543,"edition_id":1,"section_id":58543,"structure_id":15372,"section_number":"59.1-391","catch_line":"Local referendum required","history":"1988, c. 855; 1989, c. 145; 1991, c. 591; 1992, c. 820; 1998, c. 619; 2001, c. 539; 2003, c. 682.","full_text":"The Commission shall not grant any initial license to construct, establish, operate or own a racetrack or satellite facility until a referendum approving the question is held in each county, city, or town in which such track or satellite facility is to be located, in the following manner:\n\n1\n\nA petition, signed by five percent of the qualified voters of such county, city, or town shall be filed with the circuit court of such county, city, or town asking that a referendum be held on the question, “Shall pari-mutuel wagering be permitted at a licensed racetrack in (name of such county, city, or town) on live horse racing at, and on simulcast horse racing transmitted from another jurisdiction to, the licensed racetrack on such days as may be approved by the Virginia Racing Commission in accordance with Chapter 29 (§ 59.1-364 et seq.) of Title 59.1 of the Code of Virginia?” In addition, or in the alternative, such petition may ask that a referendum be held on the question, “Shall pari-mutuel wagering be permitted in _______________ (the name of such county, city, or town) at satellite facilities in accordance with Chapter 29 (§ 59.1-364 et seq.) of Title 59.1 of the Code of Virginia?”2\n\nFollowing the filing of such petition, the court shall, by order of record entered in accordance with § 24.2-684.1, require the regular election officers of such city, county, or town to cause a special election to be held to take the sense of the qualified voters on the question. Such election shall be on a day designated by order of such court, but shall not be later than the next general election unless such general election is within 60 days of the date of the entry of such order, nor shall it be held on a date designated as a primary election.3\n\nThe clerk of such court of record of such city, county, or town shall publish notice of such election in a newspaper of general circulation in such city, county, or town once a week for three consecutive weeks prior to such election.4\n\nThe regular election officers of such city or county shall open the polls at the various voting places in such city or county on the date specified in such order and conduct such election in the manner provided by law. The election shall be by ballot which shall be prepared by the electoral board of the city, county, or town and on which shall be printed either or both of the following questions:\n\t\t\t“Shall pari-mutuel wagering be permitted at a licensed racetrack in _______________ on live horse racing at, and on simulcast horse racing transmitted from another jurisdiction to, the licensed racetrack on such days as may be approved by the Virginia Racing Commission in accordance with Chapter 29 (§ 59.1-364 et seq.) of Title 59.1 of the Code of Virginia?\n\t\t\t[ ] Yes\n\t\t\t[ ] No”\n\t\t\t“Shall pari-mutuel wagering be permitted in _______________ at satellite facilities in accordance with Chapter 29 (§ 59.1-364 et seq.) of Title 59.1 of the Code of Virginia?\n\t\t\t[ ] Yes\n\t\t\t[ ] No”\n\t\t\tIn the blank shall be inserted the name of the city, county, or town in which such election is held. Any voter desiring to vote “Yes” shall mark a check (✓) mark or a cross (✗ 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” unmarked. Any voter desiring to vote “No” shall mark a check (✓) mark or a cross (✗ or +) mark or a line (-) in the square provided for such purpose immediately preceding the word “No,” leaving the square immediately preceding the word “Yes” unmarked.\n\t\t\tThe ballots shall be counted, returns made and canvassed as in other elections, and the results certified by the electoral board to the court ordering such election. Thereupon, such court shall enter an order proclaiming the results of such election and a duly certified copy of such order shall be transmitted to the Commission and to the governing body of such city, county, or town.\n\t\t\tNo such referendum as described above shall be held more often than every three years in the same county, city, or town.\n\t\t\tA subsequent local referendum shall be required if a license has not been granted by the Commission within five years of the court order proclaiming the results of the election. Town, for purposes of this section, means any town with a population of 5,000 or more.","order_by":null,"text":{"0":{"id":214552,"text":"The Commission shall not grant any initial license to construct, establish, operate or own a racetrack or satellite facility until a referendum approving the question is held in each county, city, or town in which such track or satellite facility is to be located, in the following manner:","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"next_prefix":"1"},"1":{"id":214553,"text":"A petition, signed by five percent of the qualified voters of such county, city, or town shall be filed with the circuit court of such county, city, or town asking that a referendum be held on the question, “Shall pari-mutuel wagering be permitted at a licensed racetrack in (name of such county, city, or town) on live horse racing at, and on simulcast horse racing transmitted from another jurisdiction to, the licensed racetrack on such days as may be approved by the Virginia Racing Commission in accordance with Chapter 29 (§ 59.1-364 et seq.) of Title 59.1 of the Code of Virginia?” In addition, or in the alternative, such petition may ask that a referendum be held on the question, “Shall pari-mutuel wagering be permitted in _______________ (the name of such county, city, or town) at satellite facilities in accordance with Chapter 29 (§ 59.1-364 et seq.) of Title 59.1 of the Code of Virginia?”","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"prior_prefix":"","next_prefix":"2"},"2":{"id":214554,"text":"Following the filing of such petition, the court shall, by order of record entered in accordance with § 24.2-684.1, require the regular election officers of such city, county, or town to cause a special election to be held to take the sense of the qualified voters on the question. Such election shall be on a day designated by order of such court, but shall not be later than the next general election unless such general election is within 60 days of the date of the entry of such order, nor shall it be held on a date designated as a primary election.","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1","next_prefix":"3"},"3":{"id":214555,"text":"The clerk of such court of record of such city, county, or town shall publish notice of such election in a newspaper of general circulation in such city, county, or town once a week for three consecutive weeks prior to such election.","type":"section","prefixes":["3"],"prefix":"3","entire_prefix":"3","prefix_anchor":"3","level":1,"prior_prefix":"2","next_prefix":"4"},"4":{"id":214556,"text":"The regular election officers of such city or county shall open the polls at the various voting places in such city or county on the date specified in such order and conduct such election in the manner provided by law. The election shall be by ballot which shall be prepared by the electoral board of the city, county, or town and on which shall be printed either or both of the following questions:\n\t\t\t“Shall pari-mutuel wagering be permitted at a licensed racetrack in _______________ on live horse racing at, and on simulcast horse racing transmitted from another jurisdiction to, the licensed racetrack on such days as may be approved by the Virginia Racing Commission in accordance with Chapter 29 (§ 59.1-364 et seq.) of Title 59.1 of the Code of Virginia?\n\t\t\t[ ] Yes\n\t\t\t[ ] No”\n\t\t\t“Shall pari-mutuel wagering be permitted in _______________ at satellite facilities in accordance with Chapter 29 (§ 59.1-364 et seq.) of Title 59.1 of the Code of Virginia?\n\t\t\t[ ] Yes\n\t\t\t[ ] No”\n\t\t\tIn the blank shall be inserted the name of the city, county, or town in which such election is held. Any voter desiring to vote “Yes” shall mark a check (✓) mark or a cross (✗ 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” unmarked. Any voter desiring to vote “No” shall mark a check (✓) mark or a cross (✗ or +) mark or a line (-) in the square provided for such purpose immediately preceding the word “No,” leaving the square immediately preceding the word “Yes” unmarked.\n\t\t\tThe ballots shall be counted, returns made and canvassed as in other elections, and the results certified by the electoral board to the court ordering such election. Thereupon, such court shall enter an order proclaiming the results of such election and a duly certified copy of such order shall be transmitted to the Commission and to the governing body of such city, county, or town.\n\t\t\tNo such referendum as described above shall be held more often than every three years in the same county, city, or town.\n\t\t\tA subsequent local referendum shall be required if a license has not been granted by the Commission within five years of the court order proclaiming the results of the election. Town, for purposes of this section, means any town with a population of 5,000 or more.","type":"section","prefixes":["4"],"prefix":"4","entire_prefix":"4","prefix_anchor":"4","level":1,"prior_prefix":"3"}},"ancestry":[{"id":15372,"edition_id":1,"name":"Local Referendum","identifier":"4","label":"article","depth":3,"order_by":1,"parent_id":13336,"metadata":{},"date_created":"2026-06-26 03:54:25","date_modified":"2026-06-26 03:54:25","permalink":{"id":261175,"object_type":"structure","relational_id":15372,"identifier":"4","token":"59.1\/29\/4","url":"\/59.1\/29\/4\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13336,"edition_id":1,"name":"Horse Racing and Pari-Mutuel Wagering","identifier":"29","label":"chapter","depth":2,"order_by":1,"parent_id":12809,"metadata":{},"date_created":"2026-06-26 03:44:40","date_modified":"2026-06-26 03:44:40","permalink":{"id":261047,"object_type":"structure","relational_id":13336,"identifier":"29","token":"59.1\/29","url":"\/59.1\/29\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12809,"edition_id":1,"name":"Trade and Commerce","identifier":"59.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:54","date_modified":"2026-06-26 03:43:54","permalink":{"id":259521,"object_type":"structure","relational_id":12809,"identifier":"59.1","token":"59.1","url":"\/59.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":58543,"structure_id":15372,"section_number":"59.1-391","catch_line":"Local referendum required","url":"\/59.1-391\/","token":"59.1\/29\/4\/59.1-391","metadata":false}],"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/59.1-391\/","history_text":"

This law was first created in 1988. The record of its establishment is cataloged in chapter 855 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1988 \u201cActs\u201d aren\u2019t available online. It has been modified 6 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1989, chapter 145; in 1991, chapter 591; in 1992, chapter 820; in 1998, chapter 619<\/a>; in 2001, chapter 539<\/a>; in 2003, chapter 682<\/a>.<\/p>","references":[{"id":63550,"section_number":"59.1-365","catch_line":"Definitions","order_by":null,"url":"\/59.1-365\/"},{"id":68989,"section_number":"59.1-369","catch_line":"Powers and duties of the Commission","order_by":null,"url":"\/59.1-369\/"},{"id":62152,"section_number":"59.1-378.1","catch_line":"Licensing of owners or operators of certain pari-mutuel facilities","order_by":null,"url":"\/59.1-378.1\/"}],"refers_to":[{"id":61714,"section_number":"24.2-684.1","catch_line":"Requirements for voter petitions to call for referendum elections","order_by":null,"url":"\/24.2-684.1\/"},{"id":80702,"section_number":"59.1-364","catch_line":"Control of racing with pari-mutuel wagering","order_by":null,"url":"\/59.1-364\/"}],"permalink":{"id":261177,"object_type":"law","relational_id":58543,"identifier":"59.1-391","token":"59.1\/29\/4\/59.1-391","url":"\/59.1-391\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/59.1-391\/","token":"59.1\/29\/4\/59.1-391","dublin_core":{"Title":"Local referendum required","Type":"Text","Format":"text\/html","Identifier":"\u00a7 59.1-391","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

The Commission<\/span> shall not grant any initial license to construct, establish, operate or own a racetrack<\/span> or satellite facility<\/span> until a referendum<\/span> approving the question is held in each county, city, or town in which such track or satellite facility<\/span> is to be located, in the following manner:<\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> A petition<\/span>, signed by five percent of the qualified voters of such county, city, or town shall be filed with the circuit<\/span> court<\/span> of such county, city, or town asking that a referendum<\/span> be held on the question, “Shall pari-mutuel wagering<\/span> be permitted at a licensed racetrack<\/span> in (name of such county, city, or town) on live horse racing at, and on simulcast horse racing<\/span> transmitted from another jurisdiction<\/span> to, the licensed racetrack<\/span> on such days as may be approved by the Virginia Racing Commission<\/span> in accordance with Chapter 29 (§ 59.1-364<\/a> et seq.) of Title 59.1 of the Code of Virginia?” In addition, or in the alternative, such petition<\/span> may ask that a referendum<\/span> be held on the question, “Shall pari-mutuel wagering<\/span> be permitted in _______________ (the name of such county, city, or town) at satellite facilities in accordance with Chapter 29 (§ 59.1-364<\/a> et seq.) of Title 59.1 of the Code of Virginia?” <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Following the filing of such petition<\/span>, the court<\/span> shall, by order<\/span> of record entered in accordance with § 24.2-684.1<\/a>, require the regular election officers of such city, county, or town to cause a special election to be held to take the sense of the qualified voters on the question. Such election shall be on a day designated by order<\/span> of such court<\/span>, but shall not be later than the next general election unless such general election is within 60 days of the date of the entry of such order<\/span>, nor shall it be held on a date designated as a primary election. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> The clerk of such court<\/span> of record of such city, county, or town shall publish notice of such election in a newspaper of general circulation in such city, county, or town once a week for three consecutive weeks prior to such election. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> The regular election officers of such city or county shall open the polls at the various voting places in such city or county on the date specified in such order and conduct such election in the manner provided by law<\/span>. The election shall be by ballot which shall be prepared by the electoral board of the city, county, or town and on which shall be printed either or both of the following questions:\n\t\t\t“Shall pari-mutuel wagering<\/span> be permitted at a licensed racetrack<\/span> in _______________ on live horse racing at, and on simulcast horse racing<\/span> transmitted from another jurisdiction<\/span> to, the licensed racetrack<\/span> on such days as may be approved by the Virginia Racing Commission<\/span> in accordance with Chapter 29 (§ 59.1-364<\/a> et seq.) of Title 59.1 of the Code of Virginia?\n\t\t\t[ ] Yes\n\t\t\t[ ] No”\n\t\t\t“Shall pari-mutuel wagering<\/span> be permitted in _______________ at satellite facilities in accordance with Chapter 29 (§ 59.1-364<\/a> et seq.) of Title 59.1 of the Code of Virginia?\n\t\t\t[ ] Yes\n\t\t\t[ ] No”\n\t\t\tIn the blank shall be inserted the name of the city, county, or town in which such election is held. Any voter desiring to vote “Yes” shall mark a check (✓) mark or a cross (✗ 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” unmarked. Any voter desiring to vote “No” shall mark a check (✓) mark or a cross (✗ or +) mark or a line (-) in the square provided for such purpose immediately preceding the word “No,” leaving the square immediately preceding the word “Yes” unmarked.\n\t\t\tThe ballots shall be counted, returns made and canvassed as in other elections, and the results certified by the electoral board to the court ordering such election. Thereupon, such court shall enter an order proclaiming the results of such election and a duly certified copy of such order shall be transmitted to the Commission<\/span> and to the governing body of such city, county, or town.\n\t\t\tNo such referendum<\/span> as described above shall be held more often than every three years in the same county, city, or town.\n\t\t\tA subsequent local referendum<\/span> shall be required if a license has not been granted by the Commission<\/span> within five years of the court order<\/span> proclaiming the results of the election. Town, for purposes of this section, means any town with a population of 5,000 or more. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nLOCAL REFERENDUM REQUIRED (\u00a7 59.1-391)\n\nThe Commission shall not grant any initial license to construct, establish,\noperate or own a racetrack or satellite facility until a referendum approving\nthe question is held in each county, city, or town in which such track or\nsatellite facility is to be located, in the following manner:\n\n1. A petition, signed by five percent of the qualified voters of such county,\ncity, or town shall be filed with the circuit court of such county, city, or\ntown asking that a referendum be held on the question, “Shall pari-mutuel\nwagering be permitted at a licensed racetrack in (name of such county, city, or\ntown) on live horse racing at, and on simulcast horse racing transmitted from\nanother jurisdiction to, the licensed racetrack on such days as may be approved\nby the Virginia Racing Commission in accordance with Chapter 29 (§ 59.1-364\net seq.) of Title 59.1 of the Code of Virginia?” In addition, or in the\nalternative, such petition may ask that a referendum be held on the question,\n“Shall pari-mutuel wagering be permitted in _______________ (the name of\nsuch county, city, or town) at satellite facilities in accordance with Chapter\n29 (§ 59.1-364 et seq.) of Title 59.1 of the Code of Virginia?”\n\n2. Following the filing of such petition, the court shall, by order of record\nentered in accordance with § 24.2-684.1, require the regular election\nofficers of such city, county, or town to cause a special election to be held to\ntake the sense of the qualified voters on the question. Such election shall be\non a day designated by order of such court, but shall not be later than the next\ngeneral election unless such general election is within 60 days of the date of\nthe entry of such order, nor shall it be held on a date designated as a primary\nelection.\n\n3. The clerk of such court of record of such city, county, or town shall publish\nnotice of such election in a newspaper of general circulation in such city,\ncounty, or town once a week for three consecutive weeks prior to such election.\n\n4. The regular election officers of such city or county shall open the polls at\nthe various voting places in such city or county on the date specified in such\norder and conduct such election in the manner provided by law. The election\nshall be by ballot which shall be prepared by the electoral board of the city,\ncounty, or town and on which shall be printed either or both of the following\nquestions:\n\t\t\t“Shall pari-mutuel wagering be permitted at a licensed racetrack in\n_______________ on live horse racing at, and on simulcast horse racing\ntransmitted from another jurisdiction to, the licensed racetrack on such days as\nmay be approved by the Virginia Racing Commission in accordance with Chapter 29\n(§ 59.1-364 et seq.) of Title 59.1 of the Code of Virginia?\n\t\t\t[ ] Yes\n\t\t\t[ ] No”\n\t\t\t“Shall pari-mutuel wagering be permitted in _______________ at\nsatellite facilities in accordance with Chapter 29 (§ 59.1-364 et seq.) of\nTitle 59.1 of the Code of Virginia?\n\t\t\t[ ] Yes\n\t\t\t[ ] No”\n\t\t\tIn the blank shall be inserted the name of the city, county, or town in which\nsuch election is held. Any voter desiring to vote “Yes” shall mark a\ncheck (✓) mark or a cross (✗ or +) mark or a line (-) in the\nsquare provided for such purpose immediately preceding the word\n“Yes,” leaving the square immediately preceding the word\n“No” unmarked. Any voter desiring to vote “No” shall\nmark a check (✓) mark or a cross (✗ or +) mark or a line (-) in\nthe square provided for such purpose immediately preceding the word\n“No,” leaving the square immediately preceding the word\n“Yes” unmarked.\n\t\t\tThe ballots shall be counted, returns made and canvassed as in other\nelections, and the results certified by the electoral board to the court\nordering such election. Thereupon, such court shall enter an order proclaiming\nthe results of such election and a duly certified copy of such order shall be\ntransmitted to the Commission and to the governing body of such city, county, or\ntown.\n\t\t\tNo such referendum as described above shall be held more often than every\nthree years in the same county, city, or town.\n\t\t\tA subsequent local referendum shall be required if a license has not been\ngranted by the Commission within five years of the court order proclaiming the\nresults of the election. Town, for purposes of this section, means any town with\na population of 5,000 or more.\n\nHISTORY: 1988, c. 855; 1989, c. 145; 1991, c. 591; 1992, c. 820; 1998, c. 619;\n2001, c. 539; 2003, c. 682.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}