H. B. 4451
(By Delegates Overington, Wells, Doyle, Frazier,
Hunt, Ellem, Lane, Fragale and Fleischauer)
(Originating in the Committee on the Judiciary)
[February 20, 2012]
A BILL to amend and reenact §3-1-19 of the Code of West Virginia, 1931, as amended, relating to appointment of ballot commissioners; and authorizing county executive committees of the two largest political parties to make appointments.
Be it enacted by the Legislature of West Virginia:
That §3-1-19 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
ARTICLE 1. GENERAL PROVISIONS AND DEFINITIONS.
§3-1-19. Ballot commissioners; selection; duties generally; vacancies.
In each county in the state, the Board of Ballot Commissioners shall be comprised of the clerk of the county commission while holding office, and two other persons, one who is appointed by him or her one from each of the two political parties which cast the largest and second largest number of votes in the state at the last preceding general election shall constitute a board of ballot commissioners the county executive committee of the political party that cast the largest number of votes in the state at the last preceding general election and one appointed by the county executive committee of the political party that cast the second largest number of votes in the state at the last preceding general election. The clerk shall be serve as chairman. It shall be the duty of the clerk to notify the chairman of the respective county executive committees of the two parties, at least five days before making appointments, the time and place of making the appointments. If at any time after notice is given, and before or on the day so fixed for making appointments, the chairman of each of the committees shall designate, in writing, a member of such his or her party as ballot commissioner. Each designee shall be appointed if he or she meets the qualifications of a voter. Ballot commissioners shall be appointed between the fifteenth 15th and thirtieth 30th days of January, in each year in which a general election is to be held, for a term of two years beginning on February 1 next ensuing. They shall perform the duties of ballot commissioners at all general, special and primary elections held in the county or any magisterial district thereof during their term of office. A vacancy shall be filled in the same manner as an original appointment, but immediate notice of a vacancy shall, where necessary, be deemed compliance with the five-day notice provision.