H. B. 2991
(By Delegates Overington, Trump,
Mathews and Staton)
[Introduced
March 23, 2001
; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact section fourteen, article one, chapter
three of the code of West Virginia, one thousand nine hundred
thirty-one, as amended, relating to requiring successful
electors to vote for their party's presidential nominee.
Be it enacted by the Legislature of West Virginia:
That section fourteen, article one, chapter three of the code
of West Virginia, one thousand nine hundred thirty-one, as amended,
be amended and reenacted to read as follows:
ARTICLE 1. GENERAL PROVISIONS AND DEFINITIONS.
§3-1-14. Presidential electors; how chosen; duties; vacancies;
compensation.
Electors of president and vice president of the United States
shall be nominated as provided in section twenty-one of article five of this chapter but their names shall be omitted from the
general election ballot, as provided in section two of article six
of this chapter, to be voted on the Tuesday next after the first
Monday in November in the year
nineteen hundred and sixty-four one
thousand nine hundred sixty-four and every fourth year thereafter.
The presidential electors shall meet in the office of the
governor at the capital of this state, on the day now appointed, or
which shall hereafter be appointed, by the Congress of the United
States and
shall vote for
their party's nominees for president and
for
the vice president of the United States,
who are their party's
nominee, in the manner prescribed by the constitution and the laws
of the United States. If any of the electors so chosen fail to
attend at the time appointed,
or attempt to cast a vote for
candidates other than their party's nominees, the electors present
shall appoint an elector in place of each one so failing to attend
or failing to vote for their party's nominees, and every elector so
appointed shall
vote for their party's nominees and shall otherwise
be entitled to vote in the same manner as if he
or she had been
originally chosen by the people.
Each presidential elector shall receive as compensation the
sum of ten dollars a day for attending
such the meeting, including the time spent in traveling to and from the place of meeting and in
addition thereto the sum of ten cents for every mile necessarily
traveled in going to and returning from the place of meeting, by
the most direct route.
NOTE: The purpose of this bill is to require electors to vote
for the presidential candidate of their party for whom they
previously committed to vote.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
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