COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 493
(By Senators Kessler, Oliverio and Plymale)
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[Originating in the Committee on the Judiciary;
reported February 19, 2008.]
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A BILL to amend and reenact §3-1A-6 of the Code of West Virginia,
1931, as amended, authorizing the Secretary of State to
implement emergency procedures to ensure the integrity of the
election process in times of natural disaster, terrorist
attack, war or general emergency.
Be it enacted by the Legislature of West Virginia:
That §3-1A-6 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 1A. STATE ELECTION COMMISSION AND SECRETARY OF STATE.
§3-1A-6. Powers and duties of Secretary of State; exercise of
powers by appointees.
(a) The Secretary of State shall be the chief election
official of the state. Except for those rules required by the
provisions of section five of this article to be promulgated by the
commission, the Secretary of State shall have the authority, after
consultation with the State Election Commission, of which he
or she
is a member, to make, amend and rescind such orders and to
promulgate
such legislative rules, in accordance with the
provisions of chapter twenty-nine-a of this code, as may be necessary to standardize and make effective the provisions of this
chapter.
Any rule proposed for promulgation by the Secretary of
State pursuant to the provisions of this section, and all rules
heretofore adopted or in any way represented to govern the
administration or enforcement of the provisions of this chapter by
the Secretary of State, shall be submitted on or before the first
day of August, one thousand nine hundred ninety-five, to the
Legislature for review by the legislative rule-making review
committee and approval by the Legislature. All rules which have
not been submitted and approved as aforesaid shall be of no further
force and effect as of the first day of April, one thousand nine
hundred ninety-six. It shall be the duty of All election
officials, county commissions, clerks of county commissions, clerks
of circuit courts, boards of ballot commissioners, election
commissioners and poll clerks
to shall abide by
such any orders
as
that may be issued and
such any legislative rules
as that may be
promulgated by the Secretary of State and the commission.
(b) The Secretary of State also shall have authority to
require collection and report of statistical information and to
require other reports by county commissions, clerks of county
commissions and clerks of circuit courts.
(c) It shall be his further duty to The Secretary of State
shall also advise with election officials;
to furnish to the
election officials a sufficient number of indexed copies of the
current election laws of West Virginia and the administrative
orders and rules issued or promulgated thereunder;
to investigate
the administration of election laws, frauds and irregularities in
any registration or election; report violations of election laws to the appropriate prosecuting officials; and
to prepare an annual
report.
(d) The Secretary of State shall also have the power to
administer oaths and affirmations, issue subpoenas for the
attendance of witnesses, issue subpoena duces tecum to compel the
production of books, papers, records, registration records and
other evidence and fix the time and place for hearing any matters
relating to the administration and enforcement of this chapter, or
the rules promulgated by the State Election Commission or by the
Secretary of State as the chief election official of the state. In
case of disobedience to a subpoena or subpoena duces tecum, he
or
she may invoke the aid of any circuit court in requiring the
attendance, evidence and testimony of witnesses and the production
of papers, books, records, registration records and other evidence.
(e) The Secretary of State shall also have the power, after
consultation with the Secretary of the Department of Military
Affairs and Public Safety, to implement emergency procedures and
rules to ensure that all eligible voters have the opportunity to
cast a valid ballot in the event of a natural disaster as declared
by the Governor of this state, a terrorist attack, in time of war,
or general emergency, any of which occur during or immediately
preceding an election, and to uphold the integrity of the election.
(f) All powers and duties vested in the Secretary of State
pursuant to
the provisions of this article may be exercised by
appointees of the Secretary of State at his
or her discretion, but
the Secretary of State shall be responsible for their acts.
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(NOTE: The purpose of this bill is to grant emergency powers
to the Secretary of State ensuring that all eligible voters can
cast a valid ballot in the event of a natural disaster, a terrorist
attack, in time of war, or general emergency occurring during or
immediately preceding an election, to uphold the integrity of the
election.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.)