H. B. 4448
(By Delegates Trump, Webb, Capito, Evans,
Anderson, Facemyer and Romine)
[Introduced February 9, 2000; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact section twenty-three, article five,
chapter three of the code of West Virginia, one thousand
nine hundred thirty-one, as amended; and to amend and
reenact section eighteen, article nine of said chapter, all
relating to primary elections; removing prohibition against
registered voters who sign a certificate to nominate
candidates for public office otherwise than by conventions
or primary elections from voting in corresponding primary
elections or a primary election to be held next after the
date of signing such certificate; removing provisions
requiring notice to voters who sign such certificates that
such voter forfeits that voter's right to vote in the
corresponding primary election; removing criminal penalties upon voters who sign or join in a petition or certificate
nominating any candidate for public office for voting in the
primary election to be held to nominate candidates for the
same office.
Be it enacted by the Legislature of West Virginia:
That section twenty-three, article five, chapter three of
the code of West Virginia, one thousand nine hundred thirty-one,
as amended; and that section eighteen, article nine of said
chapter be amended and reenacted, all to read as follows:
ARTICLE 5. PRIMARY ELECTIONS AND NOMINATING PROCEDURES.
§3-5-23. Certificate nominations; requirements and control;
penalties.
(a) Groups of citizens having no party organization may
nominate candidates for public office otherwise than by
conventions or primary elections. In such case, the candidate or
candidates, jointly or severally, shall file a declaration with
the secretary of state if the office is to be filled by the
voters of more than one county, or with the clerk of the circuit
court of the county if the office is to be filled by the voters
of one county or political subdivision thereof; such the
declaration to be filed at least thirty days prior to the time of
filing the certificate provided by section twenty-four of this article: Provided, That the deadline for filing the certificate
for persons seeking ballot access as a candidate for the office
of president or vice president shall be filed not later than the
first day of August preceding the general election. At the time
of filing of such the declaration each candidate shall pay the
filing fee required by law, and if such the declaration is not so
filed or the filing fee so paid, the certificate shall not be
received by the secretary of state, or clerk of the circuit
court, as the case may be.
(b) The person or persons soliciting or canvassing
signatures of duly qualified voters on such the certificate or
certificates, may solicit or canvass duly registered voters
residing within the county, district or other political division
represented by the office sought, but must first obtain from the
clerk of the county commission credentials which must be
exhibited to each voter canvassed or solicited, which credentials
may be in the following form or effect:
State of West Virginia, County of ................., ss:
This certifies that ..................., a duly registered
voter of this State; whose post-office address is
..................., is hereby authorized to solicit and canvass duly registered voters residing in .......... (here place the
county, district or other political division represented by the
office sought) to sign a certificate purporting to nominate
................... (here place name of candidate heading list on
certificate) for the office of ................ and others, at
the general election to be held on .................., 20......
Given under my hand and the seal of my office this
................. day of ............................, 20......
Clerk, County Commission of ................. County.
The clerk of each county commission, upon proper application
made as herein provided, shall issue such credentials and shall
keep a record thereof.
(c) The certificate shall be personally signed by duly
registered voters, in their own proper handwriting or by their
marks duly witnessed, who must be residents within the county,
district or other political division represented by the office
sought wherein such the canvass or solicitation is made by the
person or persons duly authorized. Such The signatures need not
all be on one certificate. The number of such signatures shall
be equal to not less than two percent of the entire vote cast at
the last preceding general election for the office in the state, district, county or other political division for which the
nomination is to be made, but in no event shall the number be
less than twenty-five. The number of such signatures shall be
equal to not less than two percent of the entire vote cast at the
last preceding general election for any statewide, congressional
or presidential candidate, but in no event shall the number be
less than twenty-five. Where two or more nominations may be made
for the same office, the total of the votes cast at the last
preceding general election for the candidates receiving the
highest number of votes on each ticket for such the office shall
constitute the entire vote. No signature on such a certificate
shall be counted unless it be that of a duly registered voter of
the county, district or other political division represented by
the office sought wherein such the certificate was presented.
It
shall be the duty of those soliciting signatures to read to each
voter whose signature is solicited the statement written on the
certificate which gives notice that no person signing such
certificate shall vote at any primary election to be held to
nominate candidates for office to be voted for at the election to
be held next after the date of signing such certificate.
(d) Such The certificates shall state the name and residence of each of such candidates; that he or she is legally qualified
to hold such the office; that the subscribers are legally
qualified and duly registered as voters and desire to vote for
such the candidates; and may designate, by not more than five
words, a brief name of the party which such the candidates
represent and may adopt a device or emblem to be printed on the
official ballot. All candidates nominated by the signing of such
the certificates shall have their names placed on the official
ballot as candidates, as if otherwise nominated under the
provisions of this chapter.
The secretary of state shall prescribe the form and content
of the nomination certificates to be used for soliciting
signatures.
The content shall include the language to be used in
giving written and oral notice to each voter that signing of the
nominating certificate forfeits that voter's right to vote in the
corresponding primary election.
Offices to be filled by the voters of more than one county
shall use separate petition forms for the signatures of qualified
voters for each county.
(e) The secretary of state, or the clerk of the circuit
court, as the case may be, may investigate the validity of such the certificates and the signatures thereon, and if upon such
investigation there may be doubt as to the legitimacy and the
validity of such the certificate, he or she may request the
attorney general of the state, or the prosecuting attorney of the
county, to institute a quo warranto proceeding against the
nominee or nominees by certificate to determine his or their
right to such a nomination to public office, and upon request
being made, the attorney general or prosecuting attorney shall
institute such quo warranto proceeding.
(f) Notwithstanding any provision in this code to the
contrary, no registered voter who signs a nominating certificate
or petition prescribed in this section shall forfeit that voter's
right to vote in the corresponding primary election or primary
election to be held next after the date of signing the
certificate or petition.
(f)
ARTICLE 9. OFFENSES AND PENALTIES.
§3-9-18. Unlawful voting in primary elections; penalties.
Any person voting, in any primary election, any ticket of a
party other than that of which he or she is registered as a
member, and any election officer receiving the vote of any such
person, knowing, or having reason to believe, that
such the
voter
is not a member of the party the ticket of which he or she is
voting;
or who, having signed or joined in any petition or
certificate nominating any candidate for office, shall, at the
primary election to be held to nominate candidates for the same,
office vote at such primary election;
NOTE: The purpose of this bill is to remove the prohibition
that prevents registered voters who sign a certificate to
nominate candidates for public office otherwise than by
conventions or primary elections from voting in the corresponding
primary elections.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.