WEST virginia Legislature
2017 regular session
By
By Request
[
to the Committee on Political Subdivisions then the Judiciary.
A BILL to amend and
reenact §8-4-10 of the Code of West Virginia, 1931, as amended, relating to
allowing municipalities to cancel elections when only one person is running for
each office up for election and deeming those elected by acclamation.
Be it enacted by the
Legislature of West Virginia:
That §8-4-10 of the
Code of West Virginia, 1931, as amended, be amended and reenacted to read as
follows:
ARTICLE 4. FRAMING AND
ADOPTING A CHARTER OTHER THAN IMMEDIATELY FOLLOWING INCORPORATION; REVISING OR
AMENDING A CHARTER; ELECTIONS AND EXPENSES.
PART III. ELECTIONS;
EXPENSES.
§8-4-10. Conduct of
elections; general provisions concerning canvass and declaration of results;
election supplies; election officials; providing for dispensing of election
when single candidate for all offices in election.
(a) The governing body of a city shall canvass the
returns within relatively the same time with reference to an election held
under the provisions of this article and in the same manner as county courts
are required to do with respect to general elections, and shall declare the
results of any such election. This requirement shall apply to any election held
under the provisions of this article, whether it be a special municipal
election or voting conducted in conjunction with a general election or a
regular municipal election. The canvass and declaration of results shall be
entered in the minutes of the governing body on the date made. Unless otherwise
provided by charter provision, any such special municipal election or voting
conducted in conjunction with a general election or a regular municipal
election shall be held and conducted under the supervision at each precinct of
three commissioners of election and two clerks who shall be appointed by the
governing body and shall be conducted as nearly as may be in accordance with
the laws of this state governing general elections, subject, however, in the
case of a special municipal election to the provisions of section eleven of
this article. For any special municipal election or voting conducted in conjunction
with a general election or a regular municipal election, in accordance with the
provisions of this article, the governing body shall arrange for and provide at
its expense registration books, challenges and other election supplies as
provided by law in general elections, and polling places in any such special
municipal election or with respect to any such voting conducted in conjunction
with a regular municipal election. In the event any commissioner or clerk
appointed by the governing body shall fail or refuse to serve, such vacancy may
be filled in like manner as such vacancies are filled in general elections
under the laws of this state governing general elections, except that the
governing body shall act in the place and stead of the county court. A recount
may be had, as in general elections, upon the party or parties desiring such
recount providing adequate assurance to the governing body that he or they
the party or parties will pay all costs of such recount.
(b) Notwithstanding any
code provision to the contrary, when the filing period has closed for persons to file as a candidate for
municipal office, and as of the end of the filing period there is only one
person having filed for each office up for election, the governing body may cancel
the upcoming election, and all those persons so filed shall be deemed elected
by acclamation to those offices. The
governing body shall publish notice, instead of a sample ballot as required prior
to an election pursuant to article six, chapter three of this code, sufficient
to give notice of the cancellation of the upcoming election and the names of
those who will serve in office. The term of office and all other aspects of
holding said office shall apply as if the candidates were lawfully elected
pursuant to an election.
NOTE: The purpose of this bill is
to allow municipalities to cancel municipal elections and appoint candidates by
acclamation, if there is only one candidate running for each municipal office
up for election.
Strike-throughs indicate language
that would be stricken from a heading or the present law and underscoring
indicates new language that would be added.