Bill Text: WV HB4491 | 2014 | Regular Session | Introduced
Bill Title: Relating to where certificates of nomination are filed for municipal elections
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced - Dead) 2014-02-20 - To House Judiciary [HB4491 Detail]
Download: West_Virginia-2014-HB4491-Introduced.html
H. B. 4491
(By Delegates Poore, Fleischauer and Skaff)
(By Request of the Secretary of State)
[Introduced February 13, 2014; referred to the
Committee on Political Subdivisions then the Judiciary.]
A BILL to amend and reenact §3-5-24 of the Code of West Virginia, 1931, as amended, relating to where certificates of nomination are filed for municipal elections; filing deadlines for certificates of nomination for municipal elections not held in conjunction with regular state and county general elections; and clarifying with whom the certificates are filed and to whom the fees are to be paid.
Be it enacted by the Legislature of West Virginia:
That §3-5-24 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
ARTICLE 5. PRIMARY ELECTIONS AND NOMINATING PROCEDURES.
§3-5-24. Filing of nomination certificates; time.
(a) All certificates nominating candidates for office under the preceding section shall be filed, in the case of a candidate to be voted for by the voters of the entire state or by any subdivision of the state other than a single county, with the Secretary of State, and in the case of all candidates for county and magisterial district offices, including all offices to be filled by the voters of a single county, with the clerk of the county commission, and in the case of candidates for election in a municipality, with the recorder or other official designated by charter or ordinance to perform election responsibilities not later than August 1 preceding the general election: Provided, That for municipal elections not held in conjunction with regular state and county general elections, not later than ninety days before the date of the municipal election unless otherwise provided by charter or ordinance.
(b) Each candidate shall pay the filing fee required by section eight of this article, at the time of the filing of the nomination certificate. If any nomination certificate is not timely filed or if the filing fee is not timely paid, the certificate may not be received by the Secretary of State, or by the clerk of the county commission or the recorder or other official designated by charter or ordinance to perform municipal election responsibilities, as the case may be.
NOTE: The purpose of this bill is to set a reasonable date for independent candidates to file petitions to run in municipal elections and clarify the filing officer.
Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.
