WEST virginia legislature
2018 regular session
Senate Bill 548
By Senators Jeffries, Baldwin, Beach, Drennan, Facemire, Gaunch, Ojeda, Plymale, Prezioso, Romano, Smith, Stollings, Swope, and Cline
[Originating in the Committee on Government Organization; Reported on February 23, 2018]
A BILL to amend and reenact §3-1-44 of the Code of West Virginia, 1931, as amended, relating to authorizing county commissions to have discretion over compensation for certain election officials; eliminating statutory caps on compensation for certain election officials; authorizing compensation for election officials be fixed by county commission; requiring all election officials within a classification to be paid the same amount within each county; authorizing Secretary of State to set maximum compensation rates in certain elections where costs are determined to be obligations of the state; and declaring compensation above maximum compensation set by Secretary of State in certain elections to be county obligation.
Be it enacted by the Legislature of West Virginia:
ARTICLE 1. GENERAL PROVISIONS AND DEFINITIONS.
§3-1-44. Compensation of election officials; expenses.
(a) Each ballot
commissioner is to be paid a sum, to be fixed by the county commission,
exceeding $125 for each day he or she serves as ballot commissioner, but in
no case may a ballot commissioner receive allowance for more than 10 days'
services for any one primary, general or special election.
(b) Each commissioner of
election and poll clerk is to be paid a sum, to be fixed by the county
not exceeding $125 for one day's services for attending the
school of instruction for election officials if the commissioner or poll clerk
provides at least one day's service during an election and a sum not
exceeding $175 for his or her services at any one election: Provided,
That each commissioner of election and poll clerk is to be paid a sum not
exceeding $175 for his or her services at any of the three special
elections described in §3-1-44(f) of this code.
(c) Each alternate
commissioner of election and poll clerk may be paid a sum, to be fixed by the
not exceeding $50 for one day's services for
attending the school of instruction for election officials: Provided,
That no alternate may be eligible for compensation for election training unless
the alternate is subsequently appointed as an election official or is
instructed to attend and actually attends training as an alternate and is
available to serve on election day.
(d) The commissioners of
election or poll clerks obtaining and delivering the election supplies, as
provided in §3-1-24 of this code, and returning them, as provided in §3-5-1 et
seq. and §3-6-1 et seq. of this code, are to be paid an additional
sum, fixed by the county commission,
not exceeding $125 for his or her
services pursuant to this subsection at any one election. In addition, he or
she is to be paid mileage up to the rate of reimbursement authorized by the
travel management rule of the Department of Administration for each mile
necessarily traveled in the performance of his or her services.
(e) The compensation of election officers, cost of printing ballots and all other expenses incurred in holding and making the return of elections, other than the three special elections described in §3-1-44(f) of this code, are to be audited by the county commission and paid out of the county treasury.
(f) All persons within a class of election officials, as classified in this section, shall be paid the same amount within the county.
(g) The compensation of election officers, cost of printing ballots, and all other reasonable and necessary expenses in holding and making the return of a special election for the purpose of taking the sense of the voters on the question of calling a constitutional convention, of a special election to elect members of a constitutional convention, and of a special election to ratify or reject the proposals, acts, and ordinances of a constitutional convention are obligations of the state incurred by the ballot commissioners, clerks of the circuit courts, clerks of the county commissions, and county commissions of the various counties as agents of the state. All expenses of these special elections are to be audited by the Secretary of State. The Secretary of State shall prepare and transmit to the county commissions forms on which the county commissions shall certify all expenses of these special elections to the Secretary of State. If satisfied that the expenses as certified by the county commissions are reasonable and were necessarily incurred, the Secretary of State shall requisition the necessary warrants from the Auditor of the state to be drawn on the state Treasurer and shall mail the warrants directly to the vendors of the special election services, supplies, and facilities.
(h) Notwithstanding the authority granted to county commissions to set compensation for election officials in this section, the Secretary of State may set maximum rates of compensation of the election officials identified in this section at any election for which the obligations incurred by the ballot commissioners, clerks of the county commissions, and county commissions of the various counties are determined to be obligations of the state. Any compensation for election officials paid by the county commissions in those elections that is above the compensation reimbursement rate set by the Secretary of State shall not be an obligation of the state, and shall be paid by the county commission.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.