Senate Bill No. 493
(By Senators Kessler, Oliverio and Plymale)
____________
[Introduced January 30, 2008; referred to the Committee on the
Judiciary; and then to the Committee on Finance.]
____________
A BILL to amend and reenact §3-1A-6 of the Code of West Virginia,
1931, as amended, relating to the powers and duties of the
Secretary of State.
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.
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 abide by
such orders as may be issued and such legislative rules as may be
promulgated by the Secretary of State and the commission.
(a) 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.
(b) It shall be his
or her further duty to 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; to report violations of election laws to the appropriate
prosecuting officials; and to prepare an annual report.
(c) 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.
(d) 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, to uphold the integrity of the election.
(e) 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.
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.