FISCAL NOTE
Date Requested: January 18, 2023
Time Requested: 09:32 PM |
| Agency: |
Secretary of State |
|---|
| CBD Number: |
Version: |
Bill Number: |
Resolution Number: |
| 1160 |
Introduced |
HB2244 |
|
|---|
| CBD Subject: |
|
|---|
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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.
No cost to the state. Municipalities are responsible for administering and holding their elections.
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):
No cost to the state. Municipalities are responsible for administering and holding their elections.
Memorandum
The bill does not provide a timeline or deadline for a municipality to hold the special election upon receipt of the requisite signatures calling for the recall of any ordinance or code provision. It is recommended that any special election be held concurrently with a regularly scheduled election to keep municipal costs within budgeted expenditures for election administration.
If a standalone special election is the intent, it is recommended to afford municipalities sufficient time to hire poll workers, program ballots, and secure polling locations. Each municipality has different needs, so 120-150 days would be the recommended minimum amount of time.
Additionally, the bill does not clarify the language that must be included on a petition for gathering signatures, nor what information voters must provide when signing. It is recommended that this be expressly provided to include voter's name, address, date of birth, and signature so that the county clerk has sufficient criteria to look up each voter's signature in the official voter registration records and compare the signatures with the voter's official records.
Furthermore, municipalities do not hold separate registration books, so the bill should clarify that the county clerk of the county in which the municipality sits is responsible for assisting the municipality with confirming petition signatures against the official voter registration records on file at the county clerk's office.
Finally, it is not clear whether the new proposed subsection (b) is separate from the provisions of existing subsection (a). Currently, municipalities can voluntarily adopt the municipal initiative, referendum and recall option via charter amendment. The new subsection (b) seems to suggest that if a municipality has not adopted a charter provision to allow for a special election for this limited purpose, then the municipality would nevertheless be required to hold a special election if 15 percent of the municipality's voters sign the petition calling for the question(s). If that is the intent it is recommended that it is made expressly distinct from the provisions of subsection (a).
Person submitting Fiscal Note: Donald Kersey
Email Address: dkersey@wvsos.gov