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Introduced Version Senate Bill 596 History

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Key: Green = existing Code. Red = new code to be enacted
Senate Bill No. 596

(By Senators Kessler and Plymale)

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[Introduced February 15, 2007; referred to the Committee on Government Organization.]

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A BILL to amend and reenact §3-1-2a of the Code of West Virginia, 1931, as amended, relating to municipal elections; and providing that municipal personnel responsible for elections must attend biannual training conducted by the office of the Secretary of State.

Be it enacted by the Legislature of West Virginia:

That §3-1-2a of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:

ARTICLE 1. GENERAL PROVISIONS AND DEFINITIONS.

3-1-2a. Municipal elections.

(a) Notwithstanding other provisions of this code or the provisions of any special legislative or home rule city charter, the provisions of: (1) Articles eight and nine of this chapter; and of (2) any regulations rules promulgated under authority granted in articles eight and nine of this chapter; and (3) any
provisions of this chapter making a practice or conduct unlawful shall apply to every municipal election held for any purpose.
(b) For the purposes of:

(1) This section; and

(2) The application of articles eight and nine of this chapter;

(3) The application of the regulations rules mentioned in this section; and

(4) The application of provisions of this chapter making a practice or conduct unlawful, the provisions of law which impose any duty upon or define any offense or prohibition with respect to the duty or authority of a county officer or county election officer or body of county election officers shall be construed to and shall apply with equal force and effect to the person or persons in a municipal election upon whom this code or the city charter or ordinance imposes such duty or vests the same or similar authority.

(c) Every municipality shall by charter or ordinance designate the persons in such the municipality who perform the same duties as any officer in a county election. The designated persons shall attend a biannual election training held and conducted by the office of the Secretary of State. (d) This section shall not be construed to abrogate the
applicability of other provisions of this chapter to municipal elections.
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(NOTE: The purpose of this bill is to require municipal elections personnel to participate in training conducted by the office of the Secretary of State.

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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