HB2981 Webster AM 3-30 #1
Chairwoman Webster moves amend the bill on page two, section
seven, line nine, by striking out the remainder of the section
and inserting in lieu thereof the following:
"(a) Any person who is eligible and seeks to hold an office
or political party position to be filled by election in any
primary or general election held under the provisions of this
chapter shall file a certificate of announcement declaring as a
candidate his or her candidacy for the nomination or election to
the office.
(b) The certificate of announcement shall be filed as
follows:
(1) Candidates for the House of Delegates or the State
Senate and any other office or political position to be filled by
the voters of more than one county shall file a certificate of
announcement with the Secretary of State if it be an office or
political position to be filled by the voters of more than one
county,;
(2) Candidates for an office or political position to be
filled by the voters of a single county or a subdivision of a
county, except for candidates for the House of Delegates or State
Senate, shall file a certificate of announcement with the clerk
of the county commission if it be for an office to be filled by
the voters of a single county or of a subdivision less than a
county,;
(3) Candidates for an office to be filled by the voters of a
municipality shall file a certificate of announcement with the
recorder or city clerk if it be for an office to be filled by the
voters of a municipality.
(c) The certificate of announcement shall be filed with the
proper officer not earlier than the second Monday in January next
preceding the primary election day, and not later than the last
Saturday in January next preceding the primary election day, and
must be received before midnight, eastern standard time, of that
day or, if mailed, shall be postmarked by the United States
Postal Service before that hour.
(d) The certificate of announcement shall be on a form
prescribed by the Secretary of State on which the candidate shall
make a sworn statement before a notary public or other officer
authorized to give administer oaths, containing the following
information:
(1) The date of the election in which the candidate seeks to
appear on the ballot;
(2) The name of the office sought; the district, if any; and
the division, if any;
(3) The legal name of the candidate and the exact name the
candidate desires to appear on the ballot, subject to limitations
prescribed in section thirteen, article five of this chapter;
(4) The county of residence and a statement that the
candidate is a legally qualified voter of that county; and the magisterial district of residence for candidates elected from
magisterial districts or under magisterial district limitations;
(5) The specific address designating the location at which
the candidate resides at the time of filing, including number and
street or rural route and box number and city, state and zip
code;
(6) For partisan elections, the name of the candidate's
political party and a statement that the candidate: (A) Is a
member of and affiliated with that political party as evidenced
by the candidate's current registration as a voter affiliated
with that party; and (B) has not been registered as a voter
affiliated with any other political party for a period of sixty
days before the date of filing the announcement;
(7) For candidates for delegate to national convention, the
name of the presidential candidate to be listed on the ballot as
the preference of the candidate on the first convention ballot;
or a statement that the candidate prefers to remain
"uncommitted";
(8) A statement that the person filing the certificate of
announcement is a candidate for the office in good faith;
(9) The words "subscribed and sworn to before me this ______
day of _____________, 20____" and a space for the signature of
the officer giving the oath.
(e) The Secretary of State or the board of ballot
commissioners, as the case may be, may refuse to certify the candidacy or may remove the certification of the candidacy upon
receipt of a certified copy of the voter's registration record of
the candidate showing that the candidate was registered as a
voter in a party other than the one named in the certificate of
announcement during the sixty days immediately preceding the
filing of the certificate: Provided, That unless a signed formal
complaint of violation of this section and the certified copy of
the voter's registration record of the candidate are filed with
the officer receiving that candidate's certificate of
announcement no later than ten days following the close of the
filing period, the candidate shall may not be refused
certification for this reason.
(f) The certificate of announcement shall be subscribed and
sworn to by the candidate before some officer qualified to
administer oaths, who shall certify the same. Any person who
knowingly provides false information on the certificate is guilty
of false swearing and shall be punished in accordance with
section three, article nine of this chapter.
(g) Any candidate for delegate to a national convention may
change his or her statement of presidential preference by
notifying the Secretary of State by letter received by the
Secretary of State no later than the third Tuesday following the
close of candidate filing. When the rules of the political party
allow each presidential candidate to approve or reject candidates
for delegate to convention who may appear on the ballot as committed to that presidential candidate, the presidential
candidate or the candidate's committee on his or her behalf may
file a list of approved or rejected candidates for delegate and
the Secretary of State shall list as "uncommitted" any candidate
for delegate who is disapproved by the presidential candidate.
(h) No A person shall may not be a candidate for more than
one office or office division at any election: Provided, That a
candidate for an office may also be a candidate for President of
the United States, for membership on political party executive
committees or for delegate to a political party national
convention.
(i) Any A candidate who files a certificate of announcement
for more than one office or division and does not withdraw, as
provided by section eleven, article five of this chapter, from
all but one office prior to the close of the filing period shall
may not be certified by the Secretary of State or placed on the
ballot for any office by the board of ballot commissioners.
(j) The provisions of this section enacted during the
regular session of the Legislature in the year 1991 shall apply
to the primary election held in the year 1992 and every primary
election held thereafter. The provisions of this section enacted
during the regular session of the Legislature in the year one
thousand nine hundred ninety-eight 2009 shall apply to the
primary election held in the year two thousand 2010 and every
primary election held thereafter."