Bill Text: WV SB725 | 2023 | Regular Session | Introduced
Bill Title: Requiring runoff elections for judicial candidates
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2023-02-20 - To Judiciary [SB725 Detail]
Download: West_Virginia-2023-SB725-Introduced.html
WEST virginia legislature
2023 regular session
Introduced
Senate Bill 725
By Senator Tarr
[Introduced February 20, 2023; referred
to the Committee on the Judiciary]
A BILL to amend and reenact §3-1-16 and §3-1-17 of the Code of West Virginia, 1931, as amended; and to amend and reenact §3-5-6a, §3-5-6b, §3-5-6c, §3-5-6d, and §3-5-6e of said code, all relating to requiring runoff elections in the general election for judicial candidates when a candidate with the most votes receives less than a majority of total votes cast for the same division or office during the primary election; and requiring the nonpartisan ballot to list each judiciary candidate’s political party affiliation, if any.
Be it enacted by the Legislature of West Virginia:
ARTICLE 1. GENERAL PROVISIONS AND DEFINITIONS.
§3-1-16. Election of state officers.
(a) At the general election to be held in 1968, and every fourth year thereafter, there shall be elected a Governor, Secretary of State, Treasurer, Auditor, Attorney General and Commissioner of Agriculture. At the general election in 1968, and every second year thereafter, there shall be elected a member of the State Senate for each senatorial district, and a member or members of the House of Delegates of the state from each county or each delegate district.
(b) At the time of the primary election to be held in the year 2016, and every twelfth year thereafter, there shall be elected one justice of the Supreme Court of Appeals, and at the time of the primary election to be held in 2020, and every twelfth year thereafter, two justices of the Supreme Court of Appeals and at the time of the primary election to be held in 2024, and every twelfth year thereafter, two justices of the Supreme Court of Appeals. Effective with the primary election held in the year 2016, the election of justices of the Supreme Court of Appeals shall be on a nonpartisan basis and by division as set forth more fully in article five of this chapter.
(c) Beginning with the nonpartisan judicial election in 2024, and in every judicial election thereafter, if no candidate in a division for justice of the Supreme Court of Appeals receives more than a majority of the votes cast in the election, there shall be a runoff election at the subsequent general election between the two candidates who received the highest and next-highest number of votes cast in that division.
§3-1-17. Election of circuit judges; county and district officers; magistrates.
(a) There shall be elected, at the time of the primary election to be held in 2016, and every eighth year thereafter, one judge of the circuit court of every judicial circuit entitled to one judge, and one judge for each numbered division of the judicial circuit in those judicial circuits entitled to two or more circuit judges; and at the time of the primary election to be held in 2016, and in every fourth year thereafter, the number of magistrates prescribed by law for the county. Beginning with the election held in the year 2016, an election for the purpose of electing judges of the circuit court, or an election for the purpose of electing magistrates, shall be upon a nonpartisan ballot printed for the purpose.
(b) There shall be elected, at the general election to be held in 1992, and every fourth year thereafter, a sheriff, prosecuting attorney, surveyor of lands, and the number of assessors prescribed by law for the county; and at the general election to be held in 1990, and every second year thereafter, a commissioner of the county commission for each county; and at the general election to be held in 1992, and every sixth year thereafter, a clerk of the county commission and a clerk of the circuit court for each county.
(c) Effective with the primary election of 2016, all elections for judge of the circuit courts in the respective circuits and magistrates in each county will be elected on a nonpartisan basis and by division as set forth more fully in article five of this chapter.
(d) Beginning with the nonpartisan judicial election in 2024, and in every judicial election thereafter, if no candidate in a division for judge of a circuit court or magistrate court receives more than a majority of the votes cast in the election, there shall be a runoff election at the subsequent general election between the two candidates who received the highest and next-highest number of votes cast in that division.
§3-5-6a. Election of justices of the Supreme Court of Appeals.
(a) An election for the purpose of electing a justice or justices of the Supreme Court of Appeals shall be held on the same date as the primary election, as provided by law, upon a nonpartisan ballot by division printed for this purpose, which ballot shall include thereon the name of each justice candidate’s political party affiliation, if any. For election purposes, in each election at which shall be elected more than one justice of the Supreme Court of Appeals, the election shall be by numbered division corresponding to the number of justices being elected. Each justice shall be elected at large from the entire state.
(b) In each nonpartisan election by division for a justice of the Supreme Court of Appeals, the candidates for election in each numbered division shall be tallied separately, and the board of canvassers shall declare and certify the election of the eligible candidate receiving the highest numbers of votes cast within a numbered division to fill any full terms: Provided, That if no candidate receives a majority of the votes cast, a runoff election shall be held in accordance with §3-1-16 of this code.
(c) In case of a tie vote under this section, section twelve, article six of this chapter controls in breaking the tie vote.
§3-5-6b. Election of circuit judges.
(a) An election for the purpose of electing a circuit court judge or judges shall be held on the same date as the primary election in their respective circuits, as provided by law, upon a nonpartisan ballot by division printed for this purpose, which ballot shall include thereon the name of each circuit court judge candidate’s political party affiliation, if any.
(b) In each nonpartisan election by division for a circuit court judge, the candidates for election in each numbered division shall be tallied separately, and the board of canvassers shall declare and certify the election of the eligible candidate receiving the highest numbers of votes cast within a numbered division to fill any full terms: Provided, That if no candidate receives a majority of the votes cast, a runoff election shall be held in accordance with §3-1-17 of this code.
§3-5-6c. Election of family court judges.
(a) An election for the purpose of electing a family court judge or judges shall be held on the same date as the primary election in their respective circuits, as provided by law, upon a nonpartisan ballot by division printed for this purpose, which ballot shall include thereon the name of each circuit court judge candidate’s political party affiliation, if any.
(b) In each nonpartisan election by division for a family court judge, the candidates for election in each numbered division shall be tallied separately, and the board of canvassers shall declare and certify the election of the eligible candidate receiving the highest numbers of votes cast within a numbered division to fill any full terms: Provided, That if no candidate receives a majority of the votes cast, a runoff election shall be held in the subsequent general election between the two candidates with the highest and next-highest number of votes cast in the primary election.
(c) In case of a tie vote under this section, section twelve, article six of this chapter controls in breaking the tie vote.
§3-5-6d. Election of magistrates.
(a) An election for the purpose of electing a magistrate or magistrates by division shall be held on the same date as the primary election in their respective circuits, as provided by law, upon a nonpartisan ballot by division printed for this purpose, which ballot shall include thereon the name of each circuit court judge candidate’s political party affiliation, if any.
(b) In each nonpartisan election by division for a magistrate, the candidates for election in each numbered division shall be tallied separately, and the board of canvassers shall declare and certify the election of the eligible candidate receiving the highest numbers of votes cast within a numbered division to fill any full terms: Provided, That if no candidate receives a majority of the votes cast, a runoff election shall be held in accordance with § 3-1-17 of this code.
(c) In case of a tie vote under this section, section twelve, article six of this chapter controls in breaking the tie vote.
§3-5-6e. Election of judges of the Intermediate Court of Appeals.
(a) An election for the purpose of electing a Judge or Judges of the Intermediate Court of Appeals shall be held on the same date as the primary election, as provided by law, upon a nonpartisan ballot by division printed for this purpose, which ballot shall include thereon the name of each judge candidate’s political party affiliation, if any.
(b) If no candidate receives a majority of the votes cast, a runoff election shall be held in the subsequent general election between the two candidates with the highest and next-highest number of votes cast in the primary election.
(b) (c) In case of a tie vote under this section, §3-6-12 of this code controls in breaking the tie vote.
NOTE: The purpose of this bill is to require judicial runoff elections if the candidate with the highest number of votes in the primary election does not receive a majority of the total votes cast, and to indicate on each nonpartisan judicial ballot each candidate’s political party affiliation for information purposes.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.
