Senate Bill No. 212

(By Senators Ross, Anderson, Macnaughtan ,

Boley and Buckalew)

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[Introduced March 3, 1997; referred to the

Committee on Government Organization;

and then to the Committee on the Judiciary.]

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A BILL to amend and reenact section two, article nine, chapter sixty-four of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to authorizing the secretary of state to promulgate a legislative rule relating to agencies designated to provide registration services.

Be it enacted by the Legislature of West Virginia:

That section two, article nine, chapter sixty-four of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted to read as follows:
ARTICLE 9. AUTHORIZATION FOR MISCELLANEOUS AGENCIES AND BOARDS TO PROMULGATE LEGISLATIVE RULES.

 §64-9-2. Secretary of state.
(a) The legislative rules rule filed in the state register on the twelfth twenty-sixth day of January August, one thousand nine hundred ninety-five ninety-six, authorized under the authority of section thirteen, article two, chapter three of this code, modified by the secretary of state to meet the objections of the legislative rule-making review committee and refiled in the state register on the twenty-second day of June, one thousand nine hundred ninety-five, relating to the secretary of state (agencies designated to provide voter registration services, 153 CSR 28), are is authorized.
(b) The legislative rules rule filed in the state register on the twenty-fifth day of July, one thousand nine hundred ninety-five, authorized under the authority of section six, article one-a, chapter three of this code, modified by the secretary of state to meet the objections of the legislative rule-making review committee and refiled in the state register on the twenty-third day of January, one thousand nine hundred ninety-six, relating to the secretary of state (guidelines for the use of nicknames and other designations on the ballot, 153 CSR 14), are is authorized.
(c) The legislative rules rule filed in the state register on the twenty-eighth day of July, one thousand nine hundred ninety-five, authorized under the authority of section six, article one-a, chapter three of this code, modified by the secretary of state to meet the objections of the legislative rule-making review committee and refiled in the state register on the eighth day of December, one thousand nine hundred ninety-five, relating to the secretary of state (procedures for canvassing electronic ballot elections using punch card or optical scan ballots, 153 CSR 18), are is authorized.
(d) The legislative rules rule filed in the state register on the twenty-fifth day of July, one thousand nine hundred ninety-five, authorized under the authority of section six, article one-a, chapter three of this code, modified by the secretary of state to meet the objections of the legislative rule-making review committee and refiled in the state register on the twenty-fourth day of January, one thousand nine hundred ninety-six, relating to the secretary of state (absentee voting by military voters who are members of reserve units called to active duty, 153 CSR 23), are is authorized.
(e) The legislative rules rule filed in the state register on the twenty-sixth day of July, one thousand nine hundred ninety-five, authorized under the authority of section six, article one-a, chapter three of this code, modified by the secretary of state to meet the objections of the legislative rule-making review committee and refiled in the state register on the twenty-fourth day of January, one thousand nine hundred ninety-six, relating to the secretary of state (numbered divisions for the election of circuit judges, 153 CSR 24), are is authorized.
(f) The legislative rules rule filed in the state register on the twenty-sixth day of July, one thousand nine hundred ninety-five, authorized under the authority of section three, article two, chapter three of this code, relating to the secretary of state (combined voter registration and driver licensing fund, 153 CSR 25), are is authorized.
(g) The legislative rules rule filed in the state register on the twenty-sixth day of July, one thousand nine hundred ninety-five, authorized under the authority of section six, article one-a, chapter three of this code, relating to the secretary of state (official election forms and vendor authorization, 153 CSR 26), are is authorized.
(h) The legislative rules rule filed in the state register on the twenty-sixth day of July, one thousand nine hundred ninety-five, authorized under the authority of section six, article one-a, chapter three of this code, modified by the secretary of state to meet the objections of the legislative rule-making review committee and refiled in the state register on the twenty-fourth day of January, one thousand nine hundred ninety-six, relating to the secretary of state (procedures for handling ballots and counting write-in votes in counties using punch card or optical scan ballots, 153 CSR 27), are is authorized.
(i) The legislative rules rule filed in the state register on the twenty-seventh day of July, one thousand nine hundred ninety-five, authorized under the authority of section six, article two, chapter twenty-nine-a of this code, modified by the secretary of state to meet the objections of the legislative rule-making review committee and refiled in the state register on the twenty-second day of January, one thousand nine hundred ninety-six, relating to the secretary of state (standard size and format for rules and procedures for publication of the state register, 153 CSR 6), are is authorized, with the amendments set forth below:
"On page ten, subsection 13.1, after the word 'format' by inserting a comma and the words 'following all formatting rules of the Secretary of State,';
On page ten, paragraph 13.1.b, by striking out the word 'double' and inserting in lieu thereof the word 'high';
On page ten, after subparagraph 13.1.b.2, by adding a new subsection to read as follows:
'13.2. If an agency does not comply with the formatting as specified by the Secretary of State, the electronic version will be refused and sent back for correction to the agency'."
NOTE: The purpose of this bill is to authorize the Secretary of State to promulgate a legislative rules relating to Agencies Designated to Provide Registration Services .

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