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<law><site_title>Virginia Decoded</site_title><site_url>https://vacode.org</site_url><law_id>76991</law_id><section_number>15.2-1212</section_number><catch_line>Frederick County; resolution of board of supervisors; referendum; election</catch_line><edition url="https://vacode.org/2025/" slug="2025" current="TRUE" last_updated="">2025</edition><structure><unit label="title" level="1" order_by="1" identifier="15.2">Counties, Cities and Towns</unit><unit label="subtitle" level="2" order_by="1" identifier="II">Powers of Local Government</unit><unit label="chapter" level="3" order_by="1" identifier="12">General Powers and Procedures of Counties</unit><unit label="article" level="4" order_by="1" identifier="1">Miscellaneous Powers</unit></structure><text>
						<section id="A"><p><span class="prefix-number">A.</span> Upon resolution passed by the <span class="dictionary">board of supervisors</span> of Frederick <span class="dictionary">County</span> and filed with the <span class="dictionary">circuit</span> <span class="dictionary">court</span> asking for a <span class="dictionary">referendum</span> on the question of Frederick <span class="dictionary">County</span> being governed by a <span class="dictionary">board of supervisors</span>, one or more elected from each magisterial district and a chairman elected from the <span class="dictionary">county</span> at large, the <span class="dictionary">court</span> shall by <span class="dictionary">order</span> 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 <span class="dictionary">voters</span> of the <span class="dictionary">county</span> on the question submitted as herein provided. The clerk of the <span class="dictionary">county</span> shall cause a notice of such election to be published in a newspaper published in or having a general circulation in the <span class="dictionary">county</span>, once a week for three consecutive weeks, and shall post a copy of such notice at the door of the courthouse of the <span class="dictionary">county</span>. <a id="paragraph-276320" class="section-permalink" href="https://vacode.org/15.2-1212/#A"><i class="fa fa-link"/></a></p></section>
						<section id="B"><p><span class="prefix-number">B.</span> The regular election officers of the <span class="dictionary">county</span> at the time designated in the <span class="dictionary">order</span> authorizing the vote shall open the polls at the various voting places in the <span class="dictionary">county</span> and conduct the election in such manner as is provided by <span class="dictionary">law</span> 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:
			&#x201C;Do you approve the adoption of the <span class="dictionary">county</span>&#x2019;s <span class="dictionary">board of supervisors</span> being elected by magisterial districts and the chairman elected from the <span class="dictionary">county</span> at large?
			[ ] Yes
			[ ] No&#x201D;
			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 <span class="dictionary">circuit</span> <span class="dictionary">court</span>, and the <span class="dictionary">circuit</span> <span class="dictionary">court</span>, or the <span class="dictionary">judge</span> 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 <span class="dictionary">voters</span> of the <span class="dictionary">county</span> voting approve the adoption of the <span class="dictionary">county</span>&#x2019;s <span class="dictionary">board of supervisors</span> being elected from magisterial districts and the chairman being elected from the <span class="dictionary">county</span> at large, the <span class="dictionary">circuit</span> <span class="dictionary">court</span> of the <span class="dictionary">county</span>, or the <span class="dictionary">judge</span> thereof in vacation, shall enter of record such <span class="dictionary">fact</span>. <a id="paragraph-276321" class="section-permalink" href="https://vacode.org/15.2-1212/#B"><i class="fa fa-link"/></a></p></section>
						<section id="C"><p><span class="prefix-number">C.</span> At the next succeeding election, following approval of the plan provided for herein, at which the <span class="dictionary">county</span>&#x2019;s <span class="dictionary">board of supervisors</span> are to be elected, the form of organization of such <span class="dictionary">county</span>&#x2019;s <span class="dictionary">board of supervisors</span> shall be in accordance with the form provided for herein. <a id="paragraph-276322" class="section-permalink" href="https://vacode.org/15.2-1212/#C"><i class="fa fa-link"/></a></p></section>
						<section id="D"><p><span class="prefix-number">D.</span> All <span class="dictionary">county</span> and district officers of such <span class="dictionary">county</span>, unless otherwise sooner removed, shall continue to hold office until their successors are elected and have qualified. <a id="paragraph-276323" class="section-permalink" href="https://vacode.org/15.2-1212/#D"><i class="fa fa-link"/></a></p></section>
						<section id="E"><p><span class="prefix-number">E.</span> A <span class="dictionary">referendum</span> 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 <span class="dictionary">board of supervisors</span> as provided in this section. In lieu of such resolution by the <span class="dictionary">board of supervisors</span>, a <span class="dictionary">referendum</span> as described in this section may be conducted upon a <span class="dictionary">petition</span> filed with the <span class="dictionary">circuit</span> <span class="dictionary">court</span> of the <span class="dictionary">county</span>, or the <span class="dictionary">judge</span> thereof in vacation, and signed by 10 percent of the qualified <span class="dictionary">voters</span> of such <span class="dictionary">county</span> requesting such <span class="dictionary">referendum</span>, and the <span class="dictionary">court</span> or the <span class="dictionary">judge</span> shall proceed as in the case of a resolution by the <span class="dictionary">board of supervisors</span>. <a id="paragraph-276324" class="section-permalink" href="https://vacode.org/15.2-1212/#E"><i class="fa fa-link"/></a></p></section></text><history>1974, c. 398, &#xA7; 15.1-527.1; 1979, c. 333; 1980, c. 393; 1997, c. 587; 2019, c. 632.</history><metadata></metadata></law>
