Introduced Version
House Bill 2315 History
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Key: Green = existing Code. Red = new code to be enacted
Bill-SOS, Agencies
H. B. 2315
(By Delegates Douglas, Hunt, Compton,
Faircloth, Linch and Riggs
)
[Introduced March 3, 1997; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact section two, article nine,
chapter sixty-four of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, relating
to authorizing the secretary of state to promulgate a
legislative rule relating to agencies designated to
provide registration services.
Be it enacted by the Legislature of West Virginia:
That section two, article nine, chapter sixty-four of
the code of West Virginia, one thousand nine hundred
thirty-one, as amended, be amended and reenacted to read as
follows:
ARTICLE 9. AUTHORIZATION FOR MISCELLANEOUS AGENCIES AND
BOARDS TO PROMULGATE LEGISLATIVE RULES.
§64-9-2. Secretary of state.
(a) The legislative rules rule filed in the state
register on the twelfth twenty-sixth day of January August,
one thousand nine hundred ninety-five ninety-six, authorized
under the authority of section thirteen, article two,
chapter three of this code, modified by the secretary of
state to meet the objections of the legislative rule-making
review committee and refiled in the state register on the
twenty-second day of June, one thousand nine hundred
ninety-five, relating to the secretary of state (agencies
designated to provide voter registration services, 153 CSR
28), are is authorized.
(b) The legislative rules rule filed in the state
register on the twenty-fifth day of July, one thousand nine
hundred ninety-five, authorized under the authority of
section six, article one-a, chapter three of this code,
modified by the secretary of state to meet the objections of
the legislative rule-making review committee and refiled in
the state register on the twenty-third day of January, one
thousand nine hundred ninety-six, relating to the secretary
of state (guidelines for the use of nicknames and other
designations on the ballot, 153 CSR 14), are is authorized.
(c) The legislative rules rule filed in the state register on the twenty-eighth day of July, one thousand nine
hundred ninety-five, authorized under the authority of
section six, article one-a, chapter three of this code,
modified by the secretary of state to meet the objections of
the legislative rule-making review committee and refiled in
the state register on the eighth day of December, one
thousand nine hundred ninety-five, relating to the secretary
of state (procedures for canvassing electronic ballot
elections using punch card or optical scan ballots, 153 CSR
18), are is authorized.
(d) The legislative rules rule filed in the state
register on the twenty-fifth day of July, one thousand nine
hundred ninety-five, authorized under the authority of
section six, article one-a, chapter three of this code,
modified by the secretary of state to meet the objections of
the legislative rule-making review committee and refiled in
the state register on the twenty-fourth day of January, one
thousand nine hundred ninety-six, relating to the secretary
of state (absentee voting by military voters who are members
of reserve units called to active duty, 153 CSR 23), are is
authorized.
(e) The legislative rules rule filed in the state
register on the twenty-sixth day of July, one thousand nine hundred ninety-five, authorized under the authority of
section six, article one-a, chapter three of this code,
modified by the secretary of state to meet the objections of
the legislative rule-making review committee and refiled in
the state register on the twenty-fourth day of January, one
thousand nine hundred ninety-six, relating to the secretary
of state (numbered divisions for the election of circuit
judges, 153 CSR 24), are is authorized.
(f) The legislative rules rule filed in the state
register on the twenty-sixth day of July, one thousand nine
hundred ninety-five, authorized under the authority of
section three, article two, chapter three of this code,
relating to the secretary of state (combined voter
registration and driver licensing fund, 153 CSR 25), are is
authorized.
(g) The legislative rules rule filed in the state
register on the twenty-sixth day of July, one thousand nine
hundred ninety-five, authorized under the authority of
section six, article one-a, chapter three of this code,
relating to the secretary of state (official election forms
and vendor authorization, 153 CSR 26), are is authorized.
(h) The legislative rules rule filed in the state
register on the twenty-sixth day of July, one thousand nine hundred ninety-five, authorized under the authority of
section six, article one-a, chapter three of this code,
modified by the secretary of state to meet the objections of
the legislative rule-making review committee and refiled in
the state register on the twenty-fourth day of January, one
thousand nine hundred ninety-six, relating to the secretary
of state (procedures for handling ballots and counting
write-in votes in counties using punch card or optical scan
ballots, 153 CSR 27), are is authorized.
(i) The legislative rules rule filed in the state
register on the twenty-seventh day of July, one thousand
nine hundred ninety-five, authorized under the authority of
section six, article two, chapter twenty-nine-a of this
code, modified by the secretary of state to meet the
objections of the legislative rule-making review committee
and refiled in the state register on the twenty-second day
of January, one thousand nine hundred ninety-six, relating
to the secretary of state (standard size and format for
rules and procedures for publication of the state register,
153 CSR 6), are is authorized, with the amendments set forth
below:
"On page ten, subsection 13.1, after the word 'format'
by inserting a comma and the words 'following all formatting rules of the Secretary of State,';
On page ten, paragraph 13.1.b, by striking out the word
'double' and inserting in lieu thereof the word 'high';
On page ten, after subparagraph 13.1.b.2, by adding a
new subsection to read as follows:
'13.2. If an agency does not comply with the
formatting as specified by the Secretary of State, the
electronic version will be refused and sent back for
correction to the agency'."
NOTE: The purpose of this bill is to authorize the
Secretary of State to promulgate a legislative rules relating
to Agencies Designated to Provide Registration Services
.
Strike-throughs indicate language that would be
stricken from the present law, and underscoring indicates
new language that would be added.