FISCAL NOTE

Date Requested: January 29, 2020
Time Requested: 09:35 AM
Agency: Secretary of State
CBD Number: Version: Bill Number: Resolution Number:
1455 Introduced HB4575
CBD Subject: Elections


FUND(S):

N/a

Sources of Revenue:

Other Fund N/a

Legislation creates:





Fiscal Note Summary


Effect this measure will have on costs and revenues of state government.


The state will not incur more than a de minimis financial responsibility (postage for sending official results to Congress) under the proposed bill.



Fiscal Note Detail


Effect of Proposal Fiscal Year
2020
Increase/Decrease
(use"-")
2021
Increase/Decrease
(use"-")
Fiscal Year
(Upon Full
Implementation)
1. Estmated Total Cost 0 0 0
Personal Services 0 0 0
Current Expenses 0 0 0
Repairs and Alterations 0 0 0
Assets 0 0 0
Other 0 0 0
2. Estimated Total Revenues 0 0 0


Explanation of above estimates (including long-range effect):


The state will not incur more than a de minimis financial responsibility (postage for sending official results to Congress) under the proposed bill.



Memorandum


The proposed bill does not set forth the state filing requirements for copies of the official returns. Under Chapter 3 of the West Virginia Code, actual returns (ballots, certificates, etc.) are maintained by the 55 county clerks. However, this official certificate assumedly will be maintained by the Secretary of State. However, the bill is silent on this point. Also, there is no prescribed mechanism for the Secretary of State ("chief election official") to formally transmit the official certificate of results to Congress to tallying. If this is already prescribed in federal law, perhaps a cross reference would be beneficial for clarification. Otherwise, I recommend a sentence or two setting for the process for transmitting the official certification to Congress beyond the provision in proposed 3-13-4(h), which merely requires, "The chief election official of each member state shall immediately release to the public all vote counts or statements of votes as they are determined or obtained."



    Person submitting Fiscal Note: Donald Kersey
    Email Address: dkersey@wvsos.gov