H. B. 2213
(By Delegates Smirl and Ashley)
[Introduced January 24, 1995; referred to the
Committee on Political Subdivisions then the
Judiciary.]
A BILL to amend and reenact section six, article seven, chapter
three of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to elections;
contested elections; and providing that, when a contested
election involves a member of a county commission, that
member may not participate in judging the election,
qualifications and returns.
Be it enacted by the Legislature of West Virginia:
That section six, article seven, chapter three of the code
of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted to read as follows:
ARTICLE 7. CONTESTED ELECTIONS.
§3-7-6. County and district contests; notices; time.
In all cases of contested elections, the county court
commission shall be the judge of the election, qualifications and
returns of their own members, and of all county and district
officers: Provided, That a member of the county commission whose
election is being contested may not participate in judging the
election, qualifications and returns.
A person intending to contest the election of another to any
county or district office, including judge of any criminal,
intermediate, common pleas, or other inferior court, or any
office that shall hereafter be created to be filled by the voters
of the county or of any magisterial or other district therein,
shall, within ten days after the result of the election is
declared, give the contestee notice in writing of such intention,
and a list of the votes he will dispute, with the objections to
each, and of the votes rejected for which he will contend. If
the contestant object to the legality of the election, or the
qualification of the person returned as elected, the notice shall
set forth the facts on which such objection is founded. The person whose election is so contested shall, within ten days
after receiving such notice, deliver to the contestant a like
list of the votes he will dispute, with the objections to each,
and of the rejected votes for which he will contend; and, if he
has any objection to the qualification of the contestant, he
shall specify in writing the facts on which the objection is
founded. Each party shall append to his notice an affidavit that
he verily believes the matters and things set forth to be true.
If new facts be discovered by either party after he has given
notice as aforesaid, he may, within ten days after such
discovery, give an additional notice to his adversary, with the
specifications and affidavit prescribed in this section.
NOTE: The purpose of this bill is to provide that, when a
contested election involves a member of a county commission, that
member may not participate in judging the election,
qualifications and returns.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.