Introduced Version
House Bill 2633 History
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Key: Green = existing Code. Red = new code to be enacted
H. B. 2633
(By Mr. Speaker, Mr. Kiss, and Delegate Trump)
[By Request of the Executive]
[Introduced February 24, 2005; referred to the
Committee on Constitutional Revision then Finance.]
A BILL
to submit the Pension Bond Amendment to the Constitution of
the state to the voters of the state for ratification or
rejection at a special election to be held throughout the
state on the fourth day of June, two thousand five; calling
the special election; directing that the proposed amendment be
submitted to the voters of the state at the special election
and how such amendment is to be numbered, designated and
summarized; providing for publication of the proposed
amendment and publication of notice of the special election
and the form thereof; providing that no question or issue
other than the ratification or rejection of the proposed
amendment shall be voted upon at the special election;
providing for an official ballot and ballot labels; providing
for one board of election officials in each precinct and for
recounts; providing for the conduct of and procedures for the special election; providing that the costs and expenses of the
special election be paid out of the State Treasury; and
providing for a proclamation of the result of the special
election by the Secretary of State.
Be it enacted by the Legislature of West Virginia:
SPECIAL ELECTION ON PROPOSED CONSTITUTIONAL AMENDMENT:
§1. Calling a special election; when to be held.
§2. Proposing amendment to be submitted; how numbered, designated
and summarized; publication of proposed amendment.
§3. Publication of notice of special election; form.
§4. Conduct of and procedures for the special election; official
ballot; application of chapter three of the code; payment of costs.
§1. Calling a special election; when to be held.
Pursuant to the authority vested in it by section two, article
fourteen of the Constitution of the state, the Legislature hereby
calls a special election to be held throughout the state for the
purpose of submitting a proposed amendment to the Constitution of
the state to the voters of the state for ratification or rejection.
The special election shall be held on the fourth day of June, two
thousand five.
§2. Proposed amendment to be submitted; how numbered, designated
and summarized; publication of proposed amendment.
The proposed amendment to the Constitution of the state to be
submitted to the voters of the state for ratification or rejection at the special election herein provided shall be, and it shall be
numbered, designated and summarized in accordance with the joint
resolution adopted by the Legislature as follows:
Senate Joint Resolution No. 1, adopted by the Legislature the
twenty-ninth day of January, two thousand five, authorizing the
submission of a proposed amendment to the Constitution of the state
numbered "Amendment No. 1," designated "Pension Bond Amendment,"
and summarized as follows: "To amend the State Constitution to
permit the issuance and sale of additional state general obligation
bonds not exceeding five billion five hundred million dollars to
help provide for the fiscal soundness of the State Teachers
Retirement System, the Judges' Retirement System, and the Public
Safety Death, Disability and Retirement System. These additional
state general obligation bonds will help the State to fund the
unfunded actuarial accrued liabilities of these systems."
The Secretary of State shall cause the proposed amendment to
be published in full compliance with the provisions of section
three, article eleven, chapter three of the Code of West Virginia;
one thousand nine hundred, thirty-one, as amended.
§3. Publication of notice of special election; form.
The Secretary of State shall cause notice of the special
election herein provided to be published as a legal advertisement
one time at least three months before the special election in some
newspaper in every county of the state in which a newspaper is printed. The form of the notice shall be as follows:
"NOTICE OF SPECIAL ELECTION FOR RATIFICATION OR REJECTION
OF PROPOSED AMENDMENT TO THE CONSTITUTION OF THE STATE
A special election shall be held on the fourth day of June, two
thousand five, for the ratification or rejection of the proposed
amendment to the Constitution of the state.
Signed:_________________________
Secretary of State of the
State of West Virginia."
§4. Conduct of and procedures for the special election; official
ballot; application of chapter three of the code; payment
of costs.
No question or issue other than the ratification of the
proposed amendment shall be voted upon at the special election
herein provided for. The proposed ballots shall be placed on the
official ballot or upon the ballot label in counties where voting
machines are used, for the special election. Such official ballot
shall have the same form as the ballot on constitutional amendments
provided in section four, article eleven, chapter three of the
code. There shall be but one board of election officers in each
precinct consisting of three commissioners and two poll clerks.
Any person voting in the special election may demand a recount of
the results thereof in the county wherein he or she voted. Every
such person who demands such recount shall be required to furnish bond in a reasonable amount with good and sufficient surety to
guarantee costs and expenses of such recount in the event the
results of the special election be not changed by such recount, but
the amount of the bond shall in no case exceed three hundred
dollars. If the result of the special election in such county be
not changed by such recount, the costs and expenses of such recount
shall be paid by the person or persons at whose insistence the same
was made. The Secretary of State shall declare by proclamation the
result of the special election in the manner provided in section
six, article eleven, chapter three of the code. The costs and
expenses of the special election throughout the state shall be paid
out of the State Treasury from funds appropriated therefor.
Except to the extent this act expressly provides otherwise,
the special election shall be superintended, conducted and returned
and the result thereof ascertained and certified by the same
officers and in the same manner as provided in chapter three of the
code for a general election. In any matter in which no specific
provision of this act applies for the conduct of any phase of the
special election, those pertinent provisions of said chapter three
which may furnish guidance and may be made controlling shall be
applied.
NOTE: The purpose of this bill is to submit the proposed
"Pension Bond Amendment" to the Constitution of the state to the
people of the state for ratification or rejection at a special
election to be held on the fourth day of June, two thousand five."