ENROLLED
COMMITTEE SUBSTITUTE
FOR
H. B. 4328
(By Delegates Caputo, Webster, Brown,
Doyle, Ellem, Fleischauer, Hamilton,
Mahan, Miley, Moore and Varner)
[Passed March 5, 2008; in effect from passage.]
AN ACT
to amend and reenact §29-6-20 of the Code of West Virginia,
1931, as amended, relating to allowing state employees to
serve as poll workers and as delegates to state and national
political conventions without
being considered as engaging in
a prohibited political activity.
Be it enacted by the Legislature of West Virginia:
That §29-6-20 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 6. CIVIL SERVICE SYSTEM.
§29-6-20. Favoritism or discrimination because of political or
religious opinions, affiliations or race; political
activities prohibited.
(a) No person shall be appointed or promoted to or demoted or
dismissed from any position in the classified service or in any way
favored or discriminated against with respect to such employment
because of his or her political or religious opinions or
affiliations or race; but nothing herein shall be construed as precluding the dismissal of any employee who may be engaged in
subversive activities or found disloyal to the nation.
(b) No person shall seek or attempt to use any political
endorsement in connection with any appointment in the classified
service.
(c) No person shall use or promise to use, directly or
indirectly, any official authority or influence, whether possessed
or anticipated, to secure or attempt to secure for any person an
appointment or advantage in appointment to a position in the
classified service, or an increase in pay or other advantage in
employment in any such position, for the purpose of influencing the
vote or political action of any person or for any consideration.
(d) No employee in the classified service or member of the
board or the director shall, directly or indirectly, solicit or
receive any assessment, subscription or contribution, or perform
any service for any political party, committee or candidate for
compensation, other than for expenses actually incurred, or in any
manner take part in soliciting any such assessment, subscription,
contribution or service of any employee in the classified service.
(e) Notwithstanding any other provision of this code, no
employee in the classified service shall:
(1) Use his or her
official authority or influence for the
purpose of interfering with or affecting the result of an election
or a nomination for office;
(2) Directly or indirectly coerce, attempt to coerce, command
or advise a state or local officer or employee to pay, lend or contribute anything of value to a party, committee, organization,
agency or person for political purposes; or
(3) Be a candidate for any national or state paid public
office or court of record; or hold any paid public office other
than as a paid poll clerk or worker; or be a member of any
national, state or local committee of a political party, or a
financial agent or treasurer within the meaning of the provisions
of section three, four or five-e, article eight, chapter three of
this code. Other types of partisan or nonpartisan political
campaigning and management not inconsistent with the provisions of
this subdivision and with the provisions of subsection (d) of this
section shall be permitted.
(f) Political participation pertaining to constitutional
amendments, referendums, approval of municipal ordinances or
activities, serving as a poll clerk or worker or being a candidate
for or serving as a delegate to any state or national political
party convention shall not be deemed to be prohibited by the
foregoing provisions of this section.
(g) Any classified employee who becomes a candidate for any
paid public office as permitted by this section shall be placed on
a leave of absence without pay for the period of such candidacy,
commencing upon the filing of the certificate of candidacy.