Bill Text: WV SB496 | 2011 | Regular Session | Introduced
Bill Title: Relating to emergency powers of Secretary of State
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2011-02-11 - To Government Organization [SB496 Detail]
Download: West_Virginia-2011-SB496-Introduced.html
A BILL to amend and reenact §3-1A-6 of the Code of West Virginia,
1931, as amended, relating to emergency powers of the Secretary of State.
Be it enacted by the Legislature of West Virginia:
That § 3-1A-6 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
ARTICLE 1A. STATE ELECTION COMMISSION AND SECRETARY OF STATE.
§3-1A-6. Powers and duties of Secretary of State; exercise of powers by appointees.
(a) The Secretary of State shall be the chief election official of the state. Except for those rules required by the provisions of section five of this article to be promulgated by the commission, the Secretary of State
(b) The Secretary of State also
(c) The Secretary of State shall also advise with election officials; furnish to the election officials a sufficient number of indexed copies of the current election laws of West Virginia and the administrative orders and rules issued or promulgated thereunder; investigate the administration of election laws, frauds and irregularities in any registration or election; report violations of election laws to the appropriate prosecuting officials; and prepare an annual report.
(d) The Secretary of State
(e) (1) The Secretary of State
(2) For purposes of this subsection, a "general emergency" means circumstances preventing the casting of ballots in one or more voting precincts. The chief judge of the circuit court of the county where the casting of ballots is being prevented must declare by order that a general emergency exists."
(3) The Secretary of State may designate alternative methods and procedures to handle absentee voting applications and ballots. The Secretary of State shall take reasonable steps to provide voters covered under the Uniformed and Overseas Voters Absentee Voting Act ( 42 U.S.C. Section 1973ff et seq.) timely notice of any special procedure or requirement under this section.
(f) All powers and duties vested in the Secretary of State pursuant to this article may be exercised by appointees of the Secretary of State at his or her discretion, but the Secretary of State shall be responsible for their acts.
NOTE: The purpose of this bill is to clarify the Secretary of State's authority for emergency procedures in elections in the case of a national emergency and provide notice of any modifications to absentee voters under the Uniformed Overseas Voters Absentee Voting Act.
Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.