WEST virginia legislature
2022 regular session
Introduced
House Bill 4680
By Delegate Haynes
[Introduced February 15, 2022; Referred to the Committee on Political Subdivisions then the Judiciary]
A BILL to amend and reenact §7-1-1b of the Code of West Virginia, 1931 as amended, relating to modifying qualifications for county commissioners.
Be it enacted by the Legislature of West Virginia:
ARTICLE 1. COUNTY COMMISSIONS GENERALLY.
§7-1-1b. Legislative
findings; qualifications Qualifications for county commissioners.
(a) The Legislature
finds that:
(1) There is confusion
concerning when a candidate for county commission must be a resident of the
magisterial district he or she wants to represent;
(2) The supreme court
has discussed the residency requirement in several cases and has conflicting
interpretations;
(3) It is imperative
that this issue be permanently resolved at the time of filing to ensure the
citizens have choice on the ballot;
(4) It is essential the
citizens know they are voting for a person who is qualified to be a candidate;
and
(5) With the expense of
holding an election, tax payer moneys should not be wasted of officials who
could never serve
(b) A candidate for the office of county commissioner
shall be a resident from the magisterial district for which he or she is
seeking election:
(1) By the last day to
file a certificate of announcement pursuant to section seven, article five,
chapter three of this code; or
(2) At the time of his
or her appointment by the county executive committee or the chairperson of the
county executive committee
(1) At least one year prior to the general election in which he or she would be elected; or
(2) At least one year prior to his or her appointment by the county executive committee or the chairperson of the county executive committee.
NOTE: The purpose of this bill is to modify the qualifications for county commissions.
Strike-throughs indicate language that would be stricken from a heading or the present law, and underscoring indicates new language that would be added.