Senate Bill No. 393
(By Senator Sprouse, Chafin, Kessler, Minear, Dawson, McKenzie,
Unger, Craigo, Helmick, Bowman, Edgell, Fanning, Prezioso, Bailey,
Anderson, Dittmar, Ross, Ball, Love, Deem, Boley, Redd, Plymale and
Tomblin, Mr. President)
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[Introduced February 3, 2000; referred to the Committee
on the Judiciary; and then to the Committee on Finance.]
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A BILL to amend and reenact section one, article five, chapter
three of the code of West Virginia, one thousand nine hundred
thirty-one, as amended, relating to providing that, beginning
in the year two thousand four and every four years thereafter,
the West Virginia presidential primary election will be held
on the third Tuesday after the New Hampshire presidential
primary election; and that the other primary elections will
continue to be held on the second Tuesday in May during those
presidential primary election years.
Be it enacted by the Legislature of West Virginia:
That section one, article five, 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 5. PRIMARY ELECTIONS AND NOMINATING PROCEDURES.
§3-5-1. Time and place of holding primary elections in the year
one thousand nine hundred eighty and thereafter; hours
polls open; presidential primary elections.
(a) Primary elections shall be held at the voting place in
each of the voting precincts in the state, for the purposes set
forth in this article, on the second Tuesday in May in the year one
thousand nine hundred eighty-six and in each second year
thereafter.
At such election the polls shall be opened and closed at the
hours provided for opening and closing the polls in a general
election.
(b) In the year two thousand four, and every four years
thereafter, the primary elections shall be conducted as set forth
in subsection (a) of this section, except that the presidential
primary election only shall be held on the third Tuesday after the
New Hampshire presidential primary election.
NOTE: The purpose of this bill is to provide that, beginning
in the year 2004, the presidential primary election in West
Virginia will be held on the third Tuesday after the New Hampshire
presidential primary election, and that the other primary elections
will continue to be held on the second Tuesday in May during those
presidential primary election years.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.