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Introduced Version House Bill 2723 History

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Key: Green = existing Code. Red = new code to be enacted

FISCAL NOTEWEST virginia legislature

2017 regular session

Introduced

House Bill 2723

By Delegates Howell, Hamrick, Blair, Maynard, Paynter, Walters, Arvon, Hill, Queen, Criss and Ward

[Introduced February 27, 2017; Referred
to the Committee on the Judiciary.]

A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §3-5A-1, §3-5A-2, §3-5A-3, §3-5A-4, §3-5A-5, §3-5A-6, §3-5A-7 and §3-5A-8  all relating to elections generally; primary elections for nonpartisan  offices including Justices of the Supreme Court, circuit court judges, family court judges, and magistrates ; legislative findings; primary date; political parties presidential preference vote may be changed; election at primary under stated circumstances; municipal elections moved to general election dates and limitations of article.

Be it enacted by the Legislature of West Virginia:


That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new article, designated §3-5A-1, §3-5A-2, §3-5A-3, §3-5A-4, §3-5A-5, §3-5A-6, §3-5A-7 and §3-5A-8, all to read as follows:

article 5a. primary elections for nonpartisan offices; miscelaneous provisions.

§3-5A-1. Legislative findings.


The Legislature finds and declares that encouraging participation in public elections and requiring all candidates to adhere to the same rules of participation is a public good. The Legislature specifically finds that:

(a) Running in a primary ensures that the person ultimately elected must receive a majority of the votes cast which makes clear the voters’ intent;

(b) Requiring all parties to file run for an office during the same time period allows the voters to have maximum information on all the candidates before they vote;

(c) Having municipal elections on the same date as statewide elections will greatly increase voter turnout for such elections to the benefit of the residents of the various municipalities; and

(d) Having presidential preference voting to coincide with “Super Tuesday” will make the state more relevant in nominating presidential candidates.

§3-5A-2. Date of nonpartisan primary.


Beginning in 2020 and every four years thereafter, the nonpartisan primary elections required under the provisions of this article shall be held on the first Tuesday of March, commonly known as “Super Tuesday.” If the Secretary of State determines that the date of “Super Tuesday has been changed by the participating states, he or she shall adjust the date of the nonpartisan primary to the new date that has been so chosen.

§3-5A-3. Primary elections for enumerated nonpartisan offices.


(a) Notwithstanding any other provision of this code to the contrary, the provisions of this section apply to the following offices: Justice of the Supreme Court of Appeals, judge of a circuit court, judge of a family court, and magistrate.  The designated offices shall be voted upon at the nonpartisan primary on the date specified in section two of this article.  All these offices shall be voted upon by division where more than one office is available in a particular category as is already required for the judicial offices.

(b) In these nonpartisan primaries, if one candidate receives more than fifty percent of the vote for a particular office, that candidate is elected to that office and no voting for that office will be held during the regular primary election.  If no candidate receives more than fifty percent of the vote for a particular office, then the two candidates receiving the highest number of votes for that office shall be voted upon at the regular primary election to determine a winner.

§3-5A-4. Presidential preference.


Notwithstanding the provisions of section three, article five of this chapter, any political party may choose to conduct its presidential preference vote on the date of the nonpartisan primary election. The party shall notify the Secretary of State no later than  September 1 of the year preceding the election of its choice to move the presidential preference vote to the earlier date.

§3-5A-5. Filing announcements of candidates.


The provisions of section seven, article five of this chapter apply to filing of announcements of candidacy for nonpartisan primary elections except for the provisions of subsection (c) of that section relating to time of filing.  The certificate of announcement shall be filed with the proper officer not earlier than the second Monday in November of the year before the nonpartisan primary vote and not later than the last Saturday of such month of November 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.

§3-5A-6. Filing announcements applicable to all candidates.


Notwithstanding any provision of this code to the contrary, any person seeking to be elected to any office regardless of their party affiliation or no party affiliation must comply with the requirements of section five of this article or the provisions of section seven, article three of this chapter.  No person who fails to meet this requirement may have his or her name placed upon any ballot for election to any office.

§3-5A-7. Time of municipal elections.


Notwithstanding any charter provision or any ordinance adopted to the contrary, all municipalities shall by ordinance schedule their elections to occur on the same date as any of the state wide election dates as follows: Nonpartisan primary, partisan primary or general election.

§3-5A-8. Limitation of article.


Nothing in this article affects or abrogates the other provisions in this code for special elections such as to fill a vacancy in office.  These shall be conducted as provided elsewhere in this code.

 

NOTE: The purpose of this bill is to relate to elections generally; primary elections for nonpartisan offices including Justices of the Supreme Court, circuit court judges, family court judges and magistrates; legislative findings; primary date; political parties presidential preference vote may be changed; election at primary under stated circumstances; municipal elections moved to general election dates and limitation of article.

Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.

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