59.1-391 - Local referendum required.
§ 59.1-391. Local referendum required.
The Commission shall not grant any initial license to construct, establish,operate or own a racetrack or satellite facility until a referendum approvingthe question is held in each county, city, or town in which such track orsatellite facility is to be located, in the following manner:
1. A petition, signed by five percent of the qualified voters of such county,city, or town shall be filed with the circuit court of such county, city, ortown asking that a referendum be held on the question, "Shall pari-mutuelwagering be permitted at a licensed racetrack in (name of such county, city,or town) on live horse racing at, and on simulcast horse racing transmittedfrom another jurisdiction to, the licensed racetrack on such days as may beapproved by the Virginia Racing Commission in accordance with Chapter 29 (§59.1-364 et seq.) of Title 59.1 of the Code of Virginia?" In addition, or inthe alternative, such petition may ask that a referendum be held on thequestion, "Shall pari-mutuel wagering be permitted in . . . . . . . . . . . . (the name of such county, city, or town) at satellite facilities in accordance with Chapter 29 (§ 59.1-364 et seq.) of Title 59.1 of the Code of Virginia?"
2. Following the filing of such petition, the court shall, by order of recordentered in accordance with § 24.2-684.1, require the regular electionofficers of such city, county, or town to cause a special election to be heldto take the sense of the qualified voters on the question. Such electionshall be on a day designated by order of such court, but shall not be laterthan the next general election unless such general election is within 60 daysof the date of the entry of such order, nor shall it be held on a datedesignated as a primary election.
3. The clerk of such court of record of such city, county, or town shallpublish notice of such election in a newspaper of general circulation in suchcity, county, or town once a week for three consecutive weeks prior to suchelection.
4. The regular election officers of such city or county shall open the pollsat the various voting places in such city or county on the date specified insuch order and conduct such election in the manner provided by law. Theelection shall be by ballot which shall be prepared by the electoral board ofthe city, county, or town and on which shall be printed either or both of thefollowing questions:
"Shall pari-mutuel wagering be permitted at a licensed racetrack in . . . .. . . . . . . . on live horse racing at, and on simulcast horse racingtransmitted from another jurisdiction to, the licensed racetrack on such daysas may be approved by the Virginia Racing Commission in accordance withChapter 29 (§ 59.1-364 et seq.) of Title 59.1 of the Code of Virginia?
[ ] Yes
[ ] No"
"Shall pari-mutuel wagering be permitted in . . . . . . . . . . . . atsatellite facilities in accordance with Chapter 29 (§ 59.1-364 et seq.) ofTitle 59.1 of the Code of Virginia?
[ ] Yes
[ ] No"
In the blank shall be inserted the name of the city, county, or town in whichsuch election is held. Any voter desiring to vote "Yes" shall mark a check(√) mark or a cross (x or +) mark or a line (-) in the square provided forsuch purpose immediately preceding the word "Yes," leaving the squareimmediately preceding the word "No" unmarked. Any voter desiring to vote"No" shall mark a check (√) mark or a cross (x or +) mark or a line (-)in the square provided for such purpose immediately preceding the word"No," leaving the square immediately preceding the word "Yes" unmarked.
The ballots shall be counted, returns made and canvassed as in otherelections, and the results certified by the electoral board to the courtordering such election. Thereupon, such court shall enter an orderproclaiming the results of such election and a duly certified copy of suchorder shall be transmitted to the Commission and to the governing body ofsuch city, county, or town.
No such referendum as described above shall be held more often than everythree years in the same county, city, or town.
A subsequent local referendum shall be required if a license has not beengranted by the Commission within five years of the court order proclaimingthe results of the election. Town, for purposes of this section, means anytown with a population of 5,000 or more.
(1988, c. 855; 1989, c. 145; 1991, c. 591; 1992, c. 820; 1998, c. 619; 2001,c. 539; 2003, c. 682.)