HB508: Annexation; approval by referendum.

HOUSE BILL NO. 508
Offered January 9, 2008
Prefiled January 7, 2008
A BILL to amend the Code of Virginia by adding a section numbered 15.2-3213.1, relating to approval of annexation by referendum.
Patron-- Hamilton

Committee Referral Pending

Be it enacted by the General Assembly of Virginia:

1.  That the Code of Virginia is amended by adding a section numbered 15.2-3213.1 as follows:

§ 15.2-3213.1.  Approval of annexation by referendum.

In any annexation initiated by a city pursuant to § 15.2-3202, if the initiating city has not declined the terms and conditions of the annexation within 21 days as required under § 15.2-3213, simultaneous referenda shall be held in all affected localities prior to the annexation becoming effective.

The appropriate circuit courts shall, by order entered of record in each county and city, require the regular election officers of the locality on the day fixed in the order, issued in accordance with Article 5 (§ 24.2-681 et seq.) of Chapter 6 of Title 24.2, which date shall fall on the first possible November general election and shall be the same in each of the localities, to open a poll and take the sense of the voters of each locality on the question submitted as hereinafter provided.

The regular election officers, at the time designated in the order authorizing the vote, shall open the polls at the various voting places in their respective localities and conduct the election in such manner as is provided by general law for other elections insofar as the same is applicable. The ballots for each county, including the towns therein, and for each city shall be prepared by the electoral boards thereof and distributed to the various election precincts thereof as provided by law. The ballots used shall be printed and shall contain the following:

"Shall the proposed annexation between. . . . . . . . . . . . . (here insert the names of localities) be approved?

_ Yes

_ No"

If two-thirds of voters in each of the affected localities approve the proposed annexation, the annexation shall proceed in accordance with the provisions of this chapter.  If the proposed annexation fails to receive a two-thirds vote in the affirmative in any of the affected localities, the annexation shall not proceed and the special court shall not enter a decree granting the petition for annexation.