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June 23rd, 1964
<br />
<br />Motion of Mr. Knight to he.received.as information, was adopted, without dissenting vote.
<br />
<br />64-146 - The foil.owing commuhication from.George R. ,Walker was read:
<br />
<br /> "With the formal filing of this letter with the Clerk ~f the City of Portsmouth, Virginia, I
<br />hereby contest the.eledtion ~of the 'four (4) members of the Portsmouth .City Council in the General Election
<br />held on ~ June~ 1964 as an unlawful election in that the election~ officials violated ~ections 24~213, 24-297,
<br />24-300 of the'Code.of yirginia, aa amended, .and infringed upQn my right to the protection .o£ the due.process
<br />the law as mn elector and as candidate in the sbovesaid election.
<br /> This ~s not s facetious or insane act, ~a-lthou~h on-its face it has all the marks of one. It is
<br />the result of due consideration and consultation which resulted in a finding that, under the presen~ laws of
<br />Virginia and the decisions of her ~ourts. I have no right of contest of an unlawful Councilmanic election
<br />through the local courts.
<br /> X am advised that Section 15-423:of the Code~f Virginia, as.amended but not found in.:the
<br />"Virginia EDection Laws" published by the Division of Sba~u~ory.Research and Drafting, is the controlling
<br />:suatute, duly donfirmed by the State courts. The ~ffect of this Section has been found to except the election
<br />of ~ouncilmen from the pro~ec~ion of the e.lection laws applicable 'to all other City officials, ~nd to leave the
<br />emtire field of Council elections to the judgement of the Council elected.
<br /> That the legislature intended to remove Council elections from the ~ffects of the election laws
<br />providing recourse to a court of ~nquiry for all other local elec%ion~ zs clear&y established by the Court's
<br />decisions in segeral cases. One, Mitchell v. Wit~, 9~/:~, 459, 36 S.E 528, contains within its opinion
<br />language most pertinent to this letter of protest, and the a~ention of Council and their Attorney is Lnvited
<br />thereto.
<br /> Stupid, inequitable, and detrimental 5o setf~§overnment as this may seem, the Court has
<br />established that the legislature intended to protec~ the electors from all uniswf~l elections EXCEPT that of
<br />their go~emning body, Therefore: I am advised by competent legal counsel that my only channel of recourse, in
<br />pro,est of mn u~lawful and undue election, is via the Council itself.
<br /> Therefore; probably in agreement with the unanimous opinion of the Council as to the absurdity
<br />of the act;~ ~ hereby centest the electio~nf the majority of:~ity Council in the election o£ June 9, 1964 as an
<br />illegal election, in that:
<br /> a~ .The Electoral Board ~iolated. Section 24-213 cT the Code of Virginia when-it failed
<br />~e~ at least 30 d~ys~ prio~ to. the election, and 'failed to.cause tt~e ballots to be p~inted~
<br /> b. The E~ectoral Board violated Section 24r297 of the Code of Virginia when it failed to
<br />prescribe, in a lawful, ~fficial meeting, the arrangement of .names or'candidates on t~ ballot, and the
<br />arrangements of Party nominations in either columns or horizontal rows.
<br /> c. The Electoral Board ~%olated. Seetion. 24-3DO .of the Code of Virginia by failing
<br />writing, ~o call a meeting of the pdlitical patsy ch~irmeK an a proper ti~e and place in advance of e~lection
<br />and by.fa~iling ~o provide ~or the inspection of each of the voting machines to be-~sed in the abovesaid el~ec~ion,
<br />and for failing to set the counters ~o 000, affixing a numbered seal, arr~ certifying the numbers of the Seals
<br />and the numbe~ of the.machine -sealed, in the presence of the abovessid repr~esentatives.
<br /> The fmilure of the Electoral Board and ~ther elec~tion of~ficials of the City. of Portsmouth,
<br />Virginia, to diligently comply ~ith the letter~an~ intent o~ the~eleetion. £aws of the State of Virginia in the
<br />General E~ection of 9 June, 1964 seriously damaged my r~ghts, ag an elector of the ~it{, and ss a Candidate of
<br />the minority Republican Party ~n said elec'tion.
<br /> This Comptai~ant, as did the~Cour, ts, of necessity must leave ~the lu~quiry a~d adjudication of this
<br />protes~, and complaint 5o the integrity of the Council of the'City of ~Portsmouth, Virginia
<br />
<br /> George~R Walker.
<br />
<br />ENCLOSURES (1)
<br />
<br />SF~rn ~o and<subscribed be~fere me by G~o~ R., Wslker~ %his the 18 day. of June,
<br />My commis'sion expires~ 1~8, 1967 ..
<br />
<br /> _ · W.'.E:%Bunn
<br /> Notary-Public
<br />
<br />EECTION 15-423 OF T~ ~)DE OF VIRGINIA AND KX~ERP~S FRO~ ~ITC,~.~ et al~, w WITT
<br />
<br />See 15-423 (Previously 106 of the Code of 188~) Council of town judge of election, e~c., of members; may punish
<br /> or expe~ member~; vacancies.
<br /> The connci2 of a,~q~n shall judge of the,eZection, qua~i£icatio~,~ and~ret~rns of its members,
<br /> :~ma.y fine Zhem for disorderly ~ehav~qr ~nd, wi~h the concurrence of two-thi~ds, expel a me~ber, If
<br /> any person r~urne~ be adjudged disqualified or he e~pe~led, a new etectien to ~il~ th~ ~ae~nc~
<br /> shall be held a~ the sam~.~ace, on such day as the council may prescribe, except that when there
<br /> shall be vacancies in t~e ~.~majority of thecouvzcil the circuit court or the judge thereof in
<br /> vacation, shall fill such vacancies. Any vacancy occurring otherwise during th~.term for w~ich
<br /> any of such pe~s~ns ~ha~e been elected may be ftlied by'{he council from the elemk~rs of the town.
<br /> A ~a~s~cy in the office of mayor may be filled by the council from ~he electors of* ~_tJl9 town.
<br /> (Code 1919, 3003.)
<br /> This sect%on is i~ part ma-~eria wi%h sec~tions. Z4-145, ~2~k~0, and is~ to be construed in
<br /> connection ~herewith. Mitchell v. Witt, 98 Va~ 459, 36 S.E. 528~
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<br />Elections-Contests-Common Council-Jurisdiction.
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<br />'(Cindy
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