                                 CODE OF VIRGINIA

SHARING OF SUCH OFFICERS BY TWO OR MORE UNITS OF GOVERNMENT (§ 15.2-1602)

Two or more units of government may share the officer or officers, or any
combination of them, required by § 15.2-1600 if (i) a petition, signed by a
number of qualified voters equal to fifteen percent of the number of votes cast
in such units of government by voters thereof and counted for candidates in the
last gubernatorial election in such units of government, and in no event signed
by less than 100 voters of such units of government, is filed with a circuit
court having jurisdiction in one or more of such units of government, asking
that a referendum be held on the question &#8220;May the (names of the units of
government) share the (officer or officers), as the case may be, (naming such
officers if less than all) required by Article VII, Section 4 of the
Constitution of Virginia?&#8221;; (ii) following the filing of such petition,
the court shall by order entered of record, issued in accordance with Article 5
(§ 24.2-681 et seq.) of Chapter 6 of Title 24.2, require the regular election
officials of the units of government to open the polls and take the sense of the
voters on such question and (iii) at the election held on the day designated by
order of such court, a majority of the voters voting in such election in each
such unit of government shall have voted &#8220;Yes.&#8221; The clerk of the
circuit court which entered the order shall publish notice of the election in a
newspaper of general circulation in such units of government once a week for
three consecutive weeks prior to the election.
		The regular election officials of the units of government shall open the polls
at the various voting places in such units of government on the date specified
in the order and conduct the election in the manner provided by law. The
election shall be by ballot which shall be prepared by the electoral boards of
the units of government and on which shall be printed the following:
		&#8220;May _______________ share the officer or officers, as the case may be,
(naming such officers if less than all) required by Article VII, Section 4 of
the Constitution of Virginia?
		[ ] Yes
		[ ] No&#8221;
		In the blank shall be inserted the names of the units of government in which
such election is held. The question required by this section may be modified to
accommodate the naming of the officer or officers. Any voter desiring to vote
&#8220;Yes&#8221; shall mark a check (v) mark or a cross (X or +) mark or a line
(-) in the square provided for such purpose immediately preceding the word
&#8220;Yes,&#8221; leaving the square immediately preceding the word
&#8220;No,&#8221; unchanged. Any voter desiring to vote &#8220;No&#8221; shall
mark a check (v) mark or cross (X or +) mark or a line (-) in the square
provided for such purpose immediately preceding the word &#8220;No,&#8221;
leaving the square immediately preceding the word &#8220;Yes,&#8221; unmarked.
		The ballots shall be counted, returns made and canvassed as in other
elections, and the results certified by the electoral boards to the court
ordering such election. Thereupon, the court shall enter an order proclaiming
the results of the election, and a duly certified copy of the order shall be
transmitted to the State Board of Elections and to the governing bodies of the
units of government affected.
		Thereafter, the officer or officers shall be elected by the voters of the
units of government desiring to share such officer or officers; however, the
provisions of this section shall not reduce the term of any person holding an
office at the time the election provided for in this section is held.

HISTORY: 1971, Ex. Sess., c. 223, § 15.1-40.2; 1975, c. 517; 1976, c. 301;
1997, c. 587.