SB 208 Text

ENROLLED
COMMITTEE SUBSTITUTE
FOR

Senate Bill No. 208
(Senators Unger, Kessler, Prezioso, Sharpe, Jenkins, Caldwell, Rowe, Smith, McKenzie, Boley, White, McCabe, Fanning, Dempsey, Hunter and Facemyer, original sponsors)
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[Passed March 11, 2004; in effect ninety days from passage.]
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AN ACT to amend and reenact §15-2-13 of the code of West Virginia, 1931, as amended, relating to allowing members of the state police to engage in certain political activities while out of uniform and off duty.

Be it enacted by the Legislature of West Virginia:
That §15-2-13 of the code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
ARTICLE 2. WEST VIRGINIA STATE POLICE.

§15-2-13. Limitations upon members; exceptions.

(a) No member of the West Virginia state police may in any way interfere with the rights or property of any person except for the prevention of crime.
(b) No member of the West Virginia state police may in any way become active or take part in any political contest or at any time participate in any political party caucus, committee, primary, assembly or convention or in any general or special election while in uniform, except to cast his or her ballot.
(c) No member of the West Virginia state police may be detailed or ordered to duty at or near any voting precinct where any election or convention is held on the day of an election or convention; nor may any member thereof remain in, about or near the voting precinct or place of convention, except to cast his or her vote. After voting he or she shall forthwith retire from the voting precinct. No member may act as an election official. If any member of the West Virginia state police is found guilty of violating any of the provisions of this section, he or she shall be dismissed by the superintendent as hereinafter provided.
(d) While out of uniform and off duty, no member of the West Virginia state police may participate in any political activity except:
(1) Campaign for and hold office in political clubs and organizations;
(2) Actively campaign for candidates for public office in partisan and nonpartisan elections; and
(3) Contribute money to political organizations and attend political fund-raising functions.
(e) No member of the West Virginia state police may at any time:
(1) Be a candidate for public office in a nonpartisan or partisan election;
(2) Use official authority or influence to interfere with or affect the results of an election or nomination; or
(3) Directly or indirectly coerce contributions from subordinates in support of a political party or candidate.
(f) No officer or member of the West Virginia state police may, in any labor trouble or dispute between employer and employee, aid or assist either party thereto, but shall in these cases see that the statutes and laws of this state are enforced in a legal way and manner.

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