H. B. 2228

(By Delegates Calvert, Walters, Amores, Hunt, Greear,

Hall and Nesbitt)

[Introduced January 25, 1995; referred to the

Committee on the Judiciary.]

A BILL to amend and reenact section seventeen, article eight, chapter eleven of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to taxation; levies; and special levy elections.
Be it enacted by the Legislature of West Virginia:
That section seventeen, article eight, chapter eleven of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted to read as follows:

§11-8-17. Special levy elections; notices; election officers; conduct of election; supplies; canvass of returns; form of ballot.

The local levying body shall publish a notice, calling the election, as a Class II-O legal advertisement in compliance with the provisions of article three, chapter fifty-nine of this code, and the publication area for such publication shall be the territory in which the election is held. Such notice shall be so published within fourteen consecutive days next preceding the election. All the provisions of the law concerning general elections shall apply so far as they are practicable, except as follows: Where a special election is held, the local levying body, having due regard to the minimum expense involved, shall determine the number of election officials necessary to properly conduct said election, which number shall in no case be less than three commissioners and two clerks, and shall appoint the same and fix and pay their compensation, but otherwise the election officials shall be such as are appointed to serve with respect to the general election held at the same time. The local levying body, however, shall provide the election supplies necessary for such election and shall canvass the returns thereof. A separate ballot shall be used at a levy election held in connection with any other election. The ballot shall be entitled:" Special election to authorize additional levies for the year(s) ____________ and for the purpose of _____________ according to the order of the __________________ entered on the ___ day of __________."
The additional levy shall be on Class I property __________ cents; on Class II property ___________ cents; on Class III property (if any) ___________ cents; on Class IV property (if any) ___________ cents.
The ballot shall also include specific language that reflects, and is designed to inform the voters, the intent of the levy call, including,
but not limited to, what is needed, and how much each need will cost.

NOTE: The purpose of this bill is to require special levy ballots to include specific language that informs the voters of the intent of the levy call, together with what is needed and how much each need will cost.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.