H. B. 2646
(By Delegates Kuhn, Collins and Hutchins)
[Introduced March 20, 1997; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact article nine, chapter three of the
code of West Virginia, one thousand nine hundred
thirty-one, as amended, by adding thereto a new section,
designated section twenty-five, relating to providing that
no elected official, except the clerk of the county
commission, may be situated within fifty feet of any
location where votes are being counted in a primary or
general election in which that elected official is a
candidate; penalties.
Be it enacted by the Legislature of West Virginia:
That article nine, chapter three of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, be
amended by adding thereto a new section, designated section
twenty-five, to read as follows:
ARTICLE 9. OFFENSES AND PENALTIES.
§3-9-25. Elected official
who is candidate in primary or general
election not allowed within fifty feet of vote
counting.
Notwithstanding any provision in this chapter to the contrary,
no elected official, except the clerk of the county commission,
may be situated within fifty feet of any location where votes are
being counted in a primary or general election in which that
elected official is a candidate. Any person violating this
section is guilty of a misdemeanor and, upon conviction thereof,
shall be fined not less than three thousand dollars nor more than
five thousand dollars, or confined in the county or regional jail
not more than six months, or both fined and imprisoned.
NOTE: The purpose of this bill is to provide that an elected
official who is a candidate in a primary or general election,
except the clerk of the county commission, may not be situated
within fifty feet of the counting of votes in that election.
This section is new; therefore, strike-throughs and
underscoring have been omitted.