WEST VIRGINIA LEGISLATURE

2023 REGULAR SESSION

Introduced

House Bill 2214

By Delegate Mallow

[Introduced January 11, 2023; Referred to the Committee on Political Subdivisions then the Judiciary]

A BILL to amend and reenact §3-1-31 of the Code of West Virginia, 1931, as amended, relating to requiring all local and state special elections to be held on the days and hours of general or primary or state elections; and providing an exception for run-off elections.

Be it enacted by the Legislature of West Virginia:

ARTICLE 1. GENERAL PROVISIONS AND DEFINITIONS.

§3-1-31. Days and hours of elections; scheduling of local elections; extension or shortening of terms of certain elected local officials.

(a) General elections shall be held in the several election precincts of the state on the Tuesday next after the first Monday in November of each even year. Primary and special elections shall be held on the days provided by law therefor: Provided, That beginning July 1, 2022, all local municipal elections may be held concurrently with a regularly scheduled statewide primary or general election. In exercising this right, a municipality may negotiate an agreement with the county commission to establish the election date, election officials, registration books to be used, and other matters pertaining to changing the municipal election to be held on the same day as a regularly scheduled statewide primary or general election That beginning July 1, 2023, all state and local special elections shall be held on the days and hours of general or primary state elections: Provided, however, That run-off elections may be held on days as determined by the local and state governments. Provided, however, That a municipality which enters into an agreement with a county commission to hold elections at the same time as a regularly scheduled statewide primary or general election day pursuant to §8-5-5 of this code shall share in the administrative costs of holding the election, but which costs shall not exceed the municipality’s pro rata share of voters registered in the municipality compared with the total voters registered in the county: Provided further, That the municipality shall also comply with the requirements of §8-5-5 of this code regarding an agreement with the county regarding use of county election officials in municipal elections.

(b) At every primary, general, or special election the polls shall be opened in each precinct on the day of the election at 6:30 in the morning and be closed at 7:30 in the evening.

NOTE: The purpose of this bill is to require local and state elections to be held at times of general, primary, or state-wide elections. The bill provides an exception for run-off elections.

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