FLOOR BOOK MEMORANDUM            House Committee on the Judiciary

            H.B. 2628                                                       

Prepared by: Devon Lopez

            (2/23/2015)                                                     Phone: 304-340-3256

                                                                                    email: devon.lopez@wvhouse.gov

______________________________________________________________________________

SPONSORS: Delegates Rowe, Shott, Lane, Guthrie, Pushkin, Byrd

                              Manchin, Skinner, Deem, Lynch and B. White

TITLE: Changing the date of filing announcements of candidacies.

DATE INTRODUCED: February 5, 2015; referred to the Committee on the Judiciary

CODE SECTIONS AFFECTED: W.Va. Code §3-5-7.

IDENTICAL/SIMILAR BILLS: None

CHAIRMAN’S SUMMARY: HB2628 changes the date of filing announcements of candidacies to the first Monday after January 1.

The purpose of this bill is to change the date of filing announcements of candidacies under subsection (c) to the first Monday after January 1, rather than the second Monday in January.

FULL ANALYSIS:

I.         EXISTING LAW:

W.Va. Code §3-5-7 subsection (c) required the certificate announcement to be filed with the proper officer not earlier than the second Monday in January next preceding the primary election day, and not later than the last Saturday in January next preceding the primary election day, and must be received before midnight, eastern standard time, of that day or, if mailed, shall be postmarked by the United States Postal Service before that hour.

II.       THE COMMITTEE SUBSTITUTE: N/A

III. COMMITTEE AMENDMENTS TO THE COMM. SUB.: 

IV. SECTION DIRECTORY: §3-5-7

V. FISCAL ANALYSIS: There is not a Fiscal Note because no fiscal impact has been identified.

VI. COMMENTS

            A. CONSTITUTIONAL ISSUES: None identified

            B. GOVERNMENT AGENCIES AFFECTED: No agencies affected.

            C. RULE MAKING AUTHORITY: None.

            D. COMMITTEE REFERENCE: No second reference.

            E. TITLE ANALYSIS: This bill’s title appears to be within Constitutional parameters.

            F. DRAFTING ISSUES OR OTHER COMMENTS: None.

            G. EFFECTIVE DATE: 90 days from passage.