Senate Bill No. 49
(By Senator Barnes)
[Introduced January 9, 2008; referred to the Committee on the
A BILL to amend and reenact §3-1-8 of the Code of West Virginia,
1931, as amended, relating to elections and nominating
procedures generally; and expanding the scope of the
definition of a political party.
Be it enacted by the Legislature of West Virginia:
That §3-1-8 of the Code of West Virginia, 1931, as amended, be
amended and reenacted to read as follows:
ARTICLE 1. GENERAL PROVISIONS AND DEFINITIONS.
§3-1-8. Political party defined; parties or groups that may
participate in municipal primary elections.
Any affiliation of voters representing any principle or
organization which, at the last preceding general election, polled
for its candidate for Governor, Secretary of State, Treasurer,
Auditor, Attorney General, Supreme Court of Appeals or Commissioner
at least one per cent of the total number of votes cast for all candidates for
that office any one of those state
public offices, in the state or any affiliation of voters that
register under article two, chapter three of this code at least one
percent of the total number of voters voting in the last election
for any one of such state public offices,
shall be a political
party, within the meaning and for the purpose of this chapter:
That notwithstanding the foregoing provisions of this
section, the governing body of any municipality may, by ordinance
adopted by the affirmative vote of at least three fourths of the
members of such governing body by recorded vote, provide that
municipal political parties or groups within such municipality that
do not meet the requirements of this section for classification as
a political party may participate in the primary elections of any
such municipality. Any such ordinance shall contain provisions
implementing the foregoing proviso, which implementing provisions
shall conform as nearly as practicable to any general provisions of
law relating to municipal primary elections.
NOTE: The purpose of this bill is to increase the ability of
political parties to obtain ballot access by expanding the scope of
the definition of political party.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would