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<law><site_title>Virginia Decoded</site_title><site_url>https://vacode.org</site_url><law_id>83995</law_id><section_number>22.1-45</section_number><catch_line>Referendum to revert to appointment by school board selection commission</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="22.1">Education</unit><unit label="chapter" level="2" order_by="1" identifier="5">School Boards; Selection, Qualification and Salaries of Members</unit><unit label="article" level="3" order_by="1" identifier="3">Alternate Method of Selecting School Boards in School Divisions Comprised of a Single County</unit></structure><text>
						<section id="A"><p><span class="prefix-number">A.</span> Upon a <span class="dictionary">petition</span> (i) filed with the <span class="dictionary">circuit</span> <span class="dictionary">court</span> of any county which has changed the method of appointment of the members of the <span class="dictionary">school board</span> to appointment by the <span class="dictionary">governing body</span> as a result of a <span class="dictionary">referendum</span> as provided in this article or former &#xA7;&#xA7; 22-79.1 through 22-79.6, (ii) signed by a number of registered voters of the county equal to fifteen per centum of the number of votes cast in the county in the preceding presidential election, and (iii) asking that a <span class="dictionary">referendum</span> be held on the question of changing the method of selection of members of the county <span class="dictionary">school board</span>, the <span class="dictionary">court</span> shall, by <span class="dictionary">order</span> entered of record, require the regular election officials on the day fixed in such <span class="dictionary">order</span> to open the polls and take the sense of the qualified voters of the county on the question printed on the ballot as herein provided. The clerk of the county shall cause a notice of such <span class="dictionary">referendum</span> to be published in some newspaper published or having a general circulation in the county once a week for three successive weeks prior to such <span class="dictionary">referendum</span> and shall post a copy of such notice during the same time at the front door of the courthouse of the county. The ballots used in such <span class="dictionary">referendum</span> shall be printed as follows:
			&#x201C;Shall the present method of selecting the members of the county <span class="dictionary">school board</span> be changed from appointment by the <span class="dictionary">governing body</span> of the county to appointment by a <span class="dictionary">school board</span> selection commission?
			Yes [ ]
			No [ ]&#x201D;
			The ballots shall be counted, returns made and canvassed as in other elections, and the results certified by the electoral board to the <span class="dictionary">State Board</span> of Elections, the clerk of the county and the <span class="dictionary">circuit</span> <span class="dictionary">court</span>; and the <span class="dictionary">court</span> shall enter of record the results of such <span class="dictionary">referendum</span>. <a id="paragraph-301026" class="section-permalink" href="https://vacode.org/22.1-45/#A"><i class="fa fa-link"/></a></p></section>
						<section id="B"><p><span class="prefix-number">B.</span> If the majority of the votes cast in such <span class="dictionary">referendum</span> shall be for the proposition, a <span class="dictionary">school board</span> selection commission shall be appointed as provided in &#xA7; <a class="law" title="School board selection commission" href="/22.1-35/">22.1-35</a> and the commission shall appoint the members of the county <span class="dictionary">school board</span> and the tie breaker as provided in Article 2 (&#xA7; <a class="law" title="Application of article" href="/22.1-34/">22.1-34</a> et seq.) of this chapter as the terms of the incumbents expire or as vacancies otherwise occur.
			If a majority of the votes cast in such <span class="dictionary">referendum</span> are against the proposition, the members of the <span class="dictionary">school board</span> and the tie breaker shall continue to be appointed by the <span class="dictionary">governing body</span> as provided in this article. <a id="paragraph-301027" class="section-permalink" href="https://vacode.org/22.1-45/#B"><i class="fa fa-link"/></a></p></section></text><history>1980, c. 559.</history><metadata></metadata></law>
