H. B. 2203
(By Delegate Huffman)
[Introduced February 19, 1993; referred to the
Committee on Political Subdivisions.]
A BILL to amend and reenact section seven, article five, chapter
eight of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to removing the
requirement that a municipal recorder be a resident of the
municipality.
Be it enacted by the Legislature of West Virginia:
That section seven, article five, chapter eight of the code
of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted to read as follows:
ARTICLE 5. ELECTION, APPOINTMENT, QUALIFICATION AND
COMPENSATION OF OFFICERS; GENERAL PROVISIONS
RELATING TO OFFICERS AND EMPLOYEES; ELECTIONS AND
PETITIONS GENERALLY; CONFLICT OF INTEREST.
PART IV. OFFICERS TO BE ELECTED; WARD OR ELECTION
DISTRICT REPRESENTATION.
§8-5-7. Certain officers; wards or election districts;
residency and other requirements.
(a) Unless otherwise provided in the charter of a
municipality, there shall be elected a mayor, a recorder and
councilmen, who together shall form the governing body of the
municipality.
(b) When a municipality has not been divided into wards or
election districts, there shall be at least five councilmen, but
when the municipality has been divided into wards or election
districts, the governing body may, by ordinance, determine the
number of councilmen to be elected from each ward or election
district. When it is deemed necessary, the governing body may,
by ordinance, increase the number of wards or election districts
and change the boundaries thereof, such wards or election
districts to be made as nearly equal as may be, in population,
and when the municipality shall be divided into wards or election
districts, or there shall be an increase in the number of wards
or election districts as aforesaid, the governing body may
increase the number of councilmen and direct an election to be
held at the next regular municipal election in such ward or wards
or election district or districts so that each ward or election
district may have its full number of councilmen residing therein
and may have equal representation on the governing body. When a
municipality has been divided into wards or election districts,
the governing body may, by ordinance, also provide for the
election of councilmen at large in addition to the councilmen to
be elected from each ward or election district. The provisions
of this subsection (b) shall be applicable to any municipalityexcept to the extent otherwise provided in the charter of such
municipality.
(c) Unless otherwise provided by charter provision or
ordinance, the mayor recorder and councilmen must be residents of
the municipality, must be qualified voters entitled to vote for
members of its governing body, and for the year preceding their
election must have been assessed with and paid real or personal
property taxes to the municipality upon at least one hundred
dollars' worth of property therein, except that the city manager
in a manager form of government need only be a resident of the
city at the time of his appointment: Provided, That for two
years after the date of his discharge, the eligibility of any
honorably discharged veteran of the armed forces of the United
States for any of such offices in any municipality shall not be
affected or impaired by reason of his not having been assessed
with or paid such taxes. Notwithstanding a charter provision to
the contrary, a municipal recorder is not required to reside
within the boundaries of the municipality.
NOTE: The purpose of this bill is to provide that a
municipal recorder may reside outside the boundary of the
municipality in which he or she is the recorder.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.