Bill Text: WV SB558 | 2019 | Regular Session | Introduced
Bill Title: Requiring state and federal elections be contested before next election
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2019-02-08 - To Judiciary [SB558 Detail]
Download: West_Virginia-2019-SB558-Introduced.html
WEST virginia legislature
2019 regular session
Introduced
Senate Bill 558
By Senator Azinger
[Introduced February
8, 2019; Referred
to the Committee on the Judiciary]
A BILL to amend and reenact §3-7-6 of the Code of West Virginia, 1931, as amended, relating to requiring state and federal elections to be contested before the next election.
Be it enacted by the Legislature of West Virginia:
ARTICLE 7. CONTESTED ELECTIONS.
§3-7-6. County and district contests; notices; time.
In all cases of contested elections, the county commission shall be the judge of the election, qualifications and returns of their own members and of all county and district officers: Provided, That a member of the county commission whose election is being contested may not participate in judging the election, qualifications and returns: Provided, however, That state and federal elections must be contested before the next election.
A person intending to
contest the election of another to any county or district office, including
judge of any court or any office that shall hereafter be created to be filled
by the voters of the county or of any magisterial or other district therein,
shall, within 10 days after the result of the election is certified, give the contestee
notice in writing of such intention and a list of the votes he or she
will dispute, with the objections to each, and of the votes rejected for which
he or she will contend. If the contestant objects to the legality of the
election or the qualification of the person returned as elected, the notice
shall set forth the facts on which such objection is founded. The person whose
election is so contested shall, within 10 days after receiving such notice,
deliver to the contestant a like list of the votes he or she will
dispute, with the objections to each, and of the rejected votes for which he or
she will contend; and, if he or she has any objection to the
qualification of the contestant, he or she shall specify in writing the
facts on which the objection is founded. Each party shall append to his or
her notice an affidavit that he the party verily believes the
matters and things set forth to be true. If new facts be discovered by either
party after he or she has given notice as aforesaid, he or she
may, within 10 days after such discovery, give an additional notice to his
the party’s adversary, with the specifications and affidavit prescribed
in this section.
The provisions of this section apply to all elections, including municipal elections, except that the governing body of the municipality is the judge of any contest of a municipal election.
NOTE: The purpose of this bill is to require state and federal elections to be contested before the next election.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.
