Bill Text: VA SB1128 | 2021 | Regular Session | Comm Sub
Bill Title: Norfolk, City of; amending charter, general updates.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2021-02-08 - Continued to Special Session 1 in Counties, Cities and Towns by voice vote [SB1128 Detail]
Download: Virginia-2021-SB1128-Comm_Sub.html
Be it enacted by the General Assembly of Virginia:
1. That §44 and §133, as amended, of Chapter 34 of the Acts of Assembly of 1918 are amended and reenacted as follows:
§44. Presumptions.
All signatures to any petition mentioned in the preceding
section hereof shall be accepted and treated as prima facie genuine. For the
purpose of certifying the number of qualified voters whose names are signed to
any such petition the clerk of the corporation court of said city shall presume
that any person whose name appears thereon is a qualified voter if such
person (a) is exempt from the payment of poll taxes as a prerequisite to
voting, or (b) appears from the treasurer's list of persons who have paid their
poll taxes to have complied with the law as to payment of poll taxes so as to
be a qualified voter on the date of his signature under the provisions and
within the meaning of §45 hereof, assuming him to be duly registered.
All such petitions substantially complying with the requirements of this charter and certified by said clerk to bear the required number of signatures of qualified voters shall be accepted and treated as prima facie sufficient. The burden of proving the insufficiency of any such petition in any respect shall be upon the person alleging the same.
§133. Qualification of members of the council and other officials.
The members of the council before entering upon the duties of
their respective offices shall each take the oaths prescribed by the
laws of this State for state officers. Such oaths may be administered by any
judge of a court of record commissioned to hold such court within said city, or
by any justice of the peace within said city, and the certificate thereof shall
be filed with the city clerk and entered upon the record of the council. Every
other person elected or appointed to any office under this charter or under any
ordinance of the council, except clerks and laborers, shall before entering
upon the duties of his office take and subscribe said oaths together with such
other oaths as may be required by ordinance, before any such court or
justice of the peace of said the city clerk, and the
certificate of the same shall be filed kept on file in the office
of said city clerk. The clerk of the corporation court of said city shall
notify all persons elected by the people or appointed under this charter
of their election or appointment, and the city clerk shall notify all
persons elected by the council of their election. If any person elected or
appointed to any office in the said city shall for ten days after receiving
notice of election fail to take such oaths and give such bonds, with security,
as may be required by law or ordinance, he shall be considered as having
declined said office and the same shall be deemed vacant, and such vacancy
shall be filled according to the provisions of this charter.
2. That §61 of Chapter 34 of the Acts of Assembly of 1918 is repealed.
