Senate Bill No. 458
(By Senator Hunter)
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[Introduced February 5, 2004; referred to the Committee on the
Judiciary.]
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A BILL to amend and reenact §3-5-23 of the code of West Virginia,
1931, as amended, relating to renaming the section the "Ballot
Access Reform Act of 2004"; reducing from two percent to one
percent the required percentage of signatures upon a
nominating certificate relative to the entire votes cast in
the last preceding general election; and eliminating the
requirement to include in the nominating certificate the
written and oral notice given to each voter that by signing
they cannot vote in the primary election.
Be it enacted by the Legislature of West Virginia:
That §3-5-23 of the code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 5. PRIMARY ELECTIONS AND NOMINATING PROCEDURES.
§3-5-23. Ballot Access Reform Act of 2004; certificate
nominations; requirements and control; penalties.
(a) This article is known as the "Ballot Access Reform Act."
(a) (b) Groups of citizens having no party organization may nominate candidates for public office otherwise than by conventions
or primary elections. In
such this case, the candidate or
candidates, jointly or severally, shall file a declaration with the
secretary of state if the office is to be filled by the voters of
more than one county, or with the clerk of the circuit court of the
county if the office is to be filled by the voters of one county or
political subdivision thereof;
such the declaration to be filed at
least thirty days prior to the time of filing the certificate
provided by section twenty-four of this article:
Provided, That
the deadline for filing the certificate for persons seeking ballot
access as a candidate for the office of president or vice president
shall be filed not later than the first day of August preceding the
general election. At the time of filing
of such the declaration
each candidate shall pay the filing fee required by law, and if
such the declaration is not so filed or the filing fee so paid, the
certificate
shall may not be received by the secretary of state, or
clerk of the circuit court, as the case may be.
(b) (c) The person or persons soliciting or canvassing
signatures of duly qualified voters on
such a certificate or
certificates, may solicit or canvass duly registered voters
residing within the county, district or other political division
represented by the office sought, but must first obtain from the
clerk of the county commission credentials which must be exhibited
to each voter canvassed or solicited, which credentials may be in
the following form or effect:
State of West Virginia, County of ................., ss:
This certifies that ..............................., whose
post-office address is ..............................., is hereby
authorized to solicit and canvass duly registered voters residing
in .................. (here place the county, district or other
political division represented by the office sought) to sign a
certificate purporting to nominate ............................
(here place name of candidate heading list on certificate) for the
office of .......................... and others, at the general
election to be held on ...................,
19 20....
Given under my hand and the seal of my office this
............... day of .........................,
19 20......
...............................................
Clerk, County Commission of ........... County.
The clerk of each county commission, upon proper application
made as herein provided, shall issue
such credentials and shall
keep a record thereof.
(c) (d) The certificate shall be personally signed by duly
registered voters, in their own proper handwriting or by their
marks duly witnessed, who must be residents within the county,
district or other political division represented by the office
sought wherein
such a canvass or solicitation is made by the person
or persons duly authorized.
Such The signatures need not all be on
one certificate. The number of
such signatures shall be equal to
not less than
two one percent of the entire vote cast at the last
preceding general election for the office in the state, district,
county or other political division for which the nomination is to be made, but in no event shall the number be less than twenty-five.
The number of
such signatures shall be equal to not less than
two
one percent of the entire vote cast at the last preceding general
election for any statewide, congressional or presidential
candidate, but in no event shall the number be less than
twenty-five. Where two or more nominations may be made for the
same office, the total of the votes cast at the last preceding
general election for the candidates receiving the highest number of
votes on each ticket for such office shall constitute the entire
vote. No signature on
such a certificate shall be counted unless
it be that of a duly registered voter of the county, district or
other political division represented by the office sought wherein
such the certificate was presented. It
shall be is the duty of
those soliciting signatures to read to each voter whose signature
is solicited the statement written on the certificate which gives
notice that no person signing
such a certificate shall vote at any
primary election to be held to nominate candidates for office to be
voted for at the election to be held next after the date of signing
such the certificate.
(d) (e) Such The certificates shall state the name and
residence of each of
such the candidates; that he
or she is legally
qualified to hold
such the office; that the subscribers are legally
qualified and duly registered as voters and desire to vote for
such
the candidates; and may designate, by not more than five words, a
brief name of the party which
such the candidates represent and may
adopt a device or emblem to be printed on the official ballot. All candidates nominated by the signing of such certificates shall have
their names placed on the official ballot as candidates, as if
otherwise nominated under the provisions of this chapter.
The secretary of state shall prescribe the form and content of
the nomination certificates to be used for soliciting signatures.
The content shall include the language to be used in giving written
and oral notice to each voter that signing of the nominating
certificate forfeits that voter's right to vote in the
corresponding primary election.
Offices to be filled by the voters of more than one county
shall use separate petition forms for the signatures of qualified
voters for each county.
(e) (f) The secretary of state, or the clerk of the circuit
court, as the case may be, may investigate the validity of
such the
certificates and the signatures thereon, and if upon such
investigation there may be doubt as to the legitimacy and the
validity of
such a certificate, he
or she may request the attorney
general of the state, or the prosecuting attorney of the county, to
institute a quo warranto proceeding against the nominee or nominees
by certificate to determine his or
her their right to
such a
nomination to public office, and upon request being made, the
attorney general or prosecuting attorney shall institute
such a quo
warranto proceeding.
(f) (g) Any person violating the provisions of this section,
in addition to penalties prescribed elsewhere for violation of this
chapter, is guilty of a misdemeanor and, upon conviction
thereof, shall be fined not more than one thousand dollars, or
confined
imprisoned in the county or regional jail for not more than one
year, or both
fined and imprisoned, in the discretion of the court:
Provided, That no criminal penalty may be imposed upon anyone who
signs a nomination certificate and votes in the primary election
held after the date the certificate was signed.
NOTE: The purpose of this bill is to rename this section to
the "Ballot Access Reform Act of 2004"; to reduce from two percent
to one percent the required percentage of signatures upon a
nominating certificate relative to the entire votes cast in the
last preceding general election; and to eliminate the requirement
to include in the nominating certificate the written and oral
notice given to each voter that by signing they cannot vote in the
primary election.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.