FISCAL NOTE
Date Requested: January 18, 2023
Time Requested: 08:45 PM |
| Agency: |
Secretary of State |
|---|
| CBD Number: |
Version: |
Bill Number: |
Resolution Number: |
| 1861 |
Introduced |
HB2792 |
|
|---|
| CBD Subject: |
Elections |
|---|
|
FUND(S):
N/a
Sources of Revenue:
Other Fund Counties bear the costs of holding an election
Legislation creates:
Fiscal Note Summary
Effect this measure will have on costs and revenues of state government.
Counties pay for the administration of elections held in the state. The state has de minimis costs for publishing results of elections in legal advertisements (e.g. constitutional amendments).
Fiscal Note Detail
| Effect of Proposal |
Fiscal Year |
2023
Increase/Decrease
(use"-") |
2024
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):
Run-off elections for non-partisan elections held in every primary to be held on the subsequent general election will have de minimis costs on the counties for minor increases in costs from space on and printing of ballots.
Memorandum
The proposed amendments to W. Va. Code 3-10-3 (filling vacancies) at lines 48-52 contemplate that a run-off election following a vacancy in office is only intended for "nonpartisan election to fill the vacancy."
However, the vacancy filling statute being amended also applies to partisan constitutional offices of Secretary of State, Auditor, Treasurer, Attorney General, and Commissioner of Agriculture.
If the intent is only to require a run-off for nonpartisan judicial offices, clarification is required in the new proposed subsection (f). If the intent is to require a run-off election for nonpartisan judicial offices and constitutional offices filled after a vacancy is created, then the term "nonpartisan" should be struck in line 52. Be advised that under the current proposal, holding a run-off for a partisan office vacancy created after the primary cutoff date would result in the constitutional office being held by an appointee for an additional approx. 1.5 years because the run-off from the general election at which candidates were on the ballot for the unexpired term would not be held until "the next succeeding election" which is the primary election approx. 1.5 years later.
Person submitting Fiscal Note: Donald Kersey
Email Address: dkersey@wvsos.gov