FISCAL NOTE

Date Requested: January 20, 2020
Time Requested: 01:35 PM
Agency: Secretary of State
CBD Number: Version: Bill Number: Resolution Number:
2642 Introduced HB2008
CBD Subject:


FUND(S):

N/a

Sources of Revenue:

Other Fund Unknown

Legislation creates:

Creates New Expense



Fiscal Note Summary


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


Amended section 3-10-3(d)(3) provides that the costs shall be reimbursed by "the State of West Virginia." If held following the General Election, the expected costs to the State will be at least $3 million for a paper ballot election, and likely $4 million or more for an election using electronic ADA-compliant voting machines.



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):


Based on figures from the statewide constitutional amendment special election held on paper ballots in the October 2017, the cost to the state was just over $3 million. A run-off election held for WV Supreme Court Justice may be held on paper ballots (because WV law does not have to comply with the Help America Vote Act--although paper-ballot elections do not provide an accessible means of voting for certain voters with disabilities). If electronic ADA-compliant machines are desired, the costs or programming, testing, and otherwise preparing those machines are expected to increase to a total of $4 million or more to hold a run-off election.



Memorandum


Amended section 3-10-3(d)(3) provides that the costs shall be reimbursed by "the State of West Virginia." However, it is not clear which fund specifically shall be used to reimburse counties for the cost of the runoff election. In the 2017 Special Election for a constitutional amendment, the Governor's Office reimbursed the Secretary of State's Office to pay for the election; the Secretary of State, in turn, reimbursed the counties for their expenses associated with the election. However, that was done according to WV Constitution Article 14, section 2, which provides in relevant part, "Whenever one or more amendments are submitted at a special election, no other question, issue or matter shall be voted upon at such special election, and the cost of such special election throughout the state shall be paid out of the state treasury." It is likely necessary to add the same language from the WV Constitution to make clear how the election will be funded.



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