H. B. 2076
(By Delegates Kelley, Doyle and Michael)
[Introduced January 13, 1999; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact section four, article five, chapter
three of the code of West Virginia, one thousand nine
hundred thirty-one, as amended; and to amend article eight
of said chapter three by adding thereto a new section,
designated section five-g, all relating to requiring that
the election of the entire judiciary be on a nonpartisan
basis; that the field of candidates in primary elections for
such offices be reduced to the two highest vote getters for
each office to contest one another in the general election;
and providing that candidates cannot solicit contributions
from lawyers.
Be it enacted by the Legislature of West Virginia:
That section four, article five, chapter three of the code
of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted; and that article eight of said
chapter three be amended by adding thereto a new section,
designated section five-g, all to read as follows:
ARTICLE 5. PRIMARY ELECTIONS AND NOMINATING PROCEDURES.
§3-5-4. Nomination of candidates in primary elections.
At each primary election, the candidate or candidates of
each political party for all offices to be filled at the ensuing
general election by the voters of the entire state, of each
congressional district, of each state senatorial district, of
each delegate district, of each judicial circuit of West
Virginia, and of each county, and of each magisterial district in
the state shall be nominated by the voters of the different
political parties, except that no presidential elector shall be
nominated at a primary election.
In primary elections a plurality of the votes cast shall be
sufficient for the nomination of candidates for office. Where
only one candidate of a political party for any office in a
political division, including party committeemen and delegates to
national conventions, is to be chosen, or where a judicial
circuit has two or more circuit judges and one circuit judge is
to be chosen for each numbered division within the circuit, the
candidate receiving the highest number of votes therefor in the
primary election shall be declared the party nominee for such office.
Where two or more such candidates are to be chosen in
the primary election, the candidates constituting the proper
number to be so chosen who shall receive the highest number of
votes cast in the political division in which they are candidates
shall be declared the party nominees and choices for such
offices, except that: (1) Candidates for the office of
commissioner of the county commission shall be nominated and
elected in accordance with the provisions of section ten, article
nine of the constitution of the state of West Virginia; (2)
members of county boards of education shall be elected at primary
elections in accordance with the provisions of sections five and
six of this article; (3) candidates for the House of Delegates
shall be nominated and elected in accordance with the residence
restrictions provided in section two, article two, chapter one of
this code; and, (4) supreme court justices, circuit court judges
and magistrates shall be elected on a nonpartisan basis in the
following manner:
(A) The election of supreme court justices shall proceed at
the primary election in which those receiving the highest number
of votes up to a number equaling two candidates for each vacancy
shall contest one another for the office or offices in the
general election.
(B) In the case of a judicial circuit with no more than one
circuit judge, the two candidates receiving the highest number of votes in the primary election shall be declared the nominees for
the office.
(4) In judicial circuits having numbered divisions,
each numbered division shall be tallied separately and the two
candidate candidates in each division receiving a plurality the
highest number of the votes cast, respectively, shall be declared
the party nominee nominees for the office in that numbered
division.
(C) The elections of magistrates shall proceed at the
primary election in which those receiving the highest number of
votes up to a number equaling two candidates for each vacancy
shall contest each other for the office or offices in the general
election.
In case of tie votes between candidates for party
nominations or elections in primary elections, the choice of the
political party shall be determined by the executive committee of
the party for the political division in which such persons are
candidates.
ARTICLE 8. REGULATION AND CONTROL OF ELECTIONS.
§3-8-5g. Solicitations for contributions by certain candidates
prohibited to be made to attorneys-at-law.
No candidate for the office of magistrate, circuit court
judge or supreme court justice may solicit a contribution, as
defined by section five-c of this article, from any licensed attorney of law in this state.
NOTE: The purpose of this bill is to provide that the
election of the entire judiciary proceed on a nonpartisan basis.
The bill also provides that the field of candidates from the
primary election be reduced to the two highest vote getters for
purposes of contesting each other in the general election.
Finally, it also provides that candidates cannot solicit
contributions from lawyers.
Strike-throughs indicate language that would be stricken
from the code, and underscoring indicates new language that would
be added.
§3-8-5g is new; therefore, strike-throughs and underscoring
have been omitted.