WEST virginia
legislature
2017 regular session
By
[
to the Committee on the Judiciary then Finance.
A BILL to amend and
reenact §3-1-16 of the Code of West
Virginia, 1931, as amended, relating to nonpartisan election of justices of the
Supreme Court of Appeals; and providing that when no candidate receives a
majority of votes cast, then a runoff election is to be held within thirty
days.
Be it enacted by the
Legislature of West Virginia:
That §3-1-16 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 1. GENERAL
PROVISIONS AND DEFINITIONS.
§3-1-16. Election of
state officers.
(a) At the general election
to be held in 1968, and every fourth year thereafter, there shall be elected a
Governor, Secretary of State, Treasurer, Auditor, Attorney General and
Commissioner of Agriculture. At the general election in 1968, and every second
year thereafter, there shall be elected a member of the State Senate for each
senatorial district, and a member or members of the House of Delegates of the
state from each county or each delegate district.
(b) At the time of the
primary election to be held in the year 2016, and every twelfth year
thereafter, there shall be elected one justice of the Supreme Court of Appeals,
and at the time of the primary election to be held in 2020, and every twelfth
year thereafter, two justices of the Supreme Court of Appeals and at the time
of the primary election to be held in 2024, and every twelfth year thereafter,
two justices of the Supreme Court of Appeals. Effective with the primary
election held in the year 2016, the election of justices of the Supreme Court
of Appeals shall be on a nonpartisan basis and by division as set forth more
fully in article five of this chapter.
(c) If no candidate for justice
of the Supreme Court of Appeals receives a majority of the votes cast in the
primary election, a runoff election shall be conducted within thirty days after
the results of the election is certified.
The ballot for the runoff election shall include a provision for the
selection between only the two choices receiving the highest number of ballots
cast in the primary election.
NOTE: The purpose of this bill is
to provide that when no candidate receives a majority of votes cast in the
nonpartisan election of justices the Supreme Court of Appeals; a runoff
election is to be held within thirty days.
Strike-throughs indicate language that
would be stricken from a heading or the present law and underscoring indicates
new language that would be added.