WEST virginia legislature
2018 regular session
Senate Bill 351
By Senators Trump, Wells, Azinger, Clements, Cline, Jeffries, Karnes, Maynard, Ojeda, Romano, Rucker, Smith, Swope, and Woelfel
[Originating in the Committee on the Judiciary; Reported on January 23, 2018]
A BILL to amend and reenact §3-1-19 of the Code of West Virginia, 1931, as amended, relating to ballot commissioners; and permitting ballot commissioners to serve while candidates for certain offices.
Be it enacted by the Legislature of West Virginia:
ARTICLE 1. GENERAL PROVISIONS AND DEFINITIONS.
§3-1-19. Ballot commissioners; selection; duties generally; vacancies.
(a) In each county in the state, the Board of Ballot Commissioners shall be comprised of:
(1) The clerk of the county commission while holding office; and
(2) Two other persons as follows:
(A) One person appointed by the county executive committee of the political party that cast the largest number of votes in the state at the last preceding general election; and
(B) One person appointed by the county executive committee of the political party that cast the second largest number of votes in the state at the last preceding general election.
(b) If the county executive committees do not make the appointments in a timely manner, then the county clerk shall make the appointments.
(c) The county clerk shall serve as chairman.
(d) The county clerk shall notify the chairman of the respective county executive committees of the two parties, at least five days before the time of the making of the appointments.
(e) If at any time after notice is given, and before or on the day so fixed for making appointments, the chairman of each of the committees shall designate, in writing, a member of his or her party as ballot commissioner. Each designee shall be appointed if he or she meets the qualifications of a voter: Provided, That a ballot commissioner cannot be a candidate for any office in any election held during the time he or she is serving as ballot commissioner, other than state, county, or district executive committee or delegate to the national convention of a political party.
(f) Ballot commissioners shall be appointed between January 15 and January 30, in each year in which a general election is to be held, for a term of two years beginning on February 1 next ensuing.
(g) The ballot commissioners shall perform their duties at all general, special, and primary elections held in the county or any magisterial district thereof during their term of office.
(h) A vacancy shall be filled in the same manner as an original appointment, but immediate notice of a vacancy shall, where necessary, be deemed in compliance with the five-day notice provision.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.