Senate Bill No. 2
(By Senator Jackson, Helmick, Chafin, Bailey, Anderson,
Snyder, Plymale, Minard, Ross, Love, Caldwell, Fanning, Kessler
and Tomblin, Mr. President)
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[Introduced January 9, 2002; referred to the Committee
on the Judiciary.]
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A BILL to amend and reenact section forty-six, article one,
chapter three of the code of West Virginia, one thousand
nine hundred thirty-one, as amended, relating to exempting
certain experienced election officials from the training
requirement.
Be it enacted by the Legislature of West Virginia:
That section forty-six, article one, chapter three of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted to read as follows:
ARTICLE 1. GENERAL PROVISIONS AND DEFINITIONS.
§3-1-46. Training program for election officials.
(a) The secretary of state in conjunction with the state election commission shall produce one or more audio-visual
programs which shall explain and illustrate the procedures for
conducting elections, the duties of the various election
officials and the methods of voting on each voting system in use
in the state.
(b) One copy of the appropriate training program shall be
distributed to and kept and preserved by the clerk of the county
commission of each county. The program shall be shown to all
election officials before each election as part of their
instructional program. The clerk of the county commission shall
conduct an adequate number of sessions to train all election
officials and shall schedule the regular sessions not less than
seven days before each election and shall notify all election
officials of the exact date, time and place such instructional
program will be conducted.
(c) No person
shall may serve as an election commissioner
or poll clerk in any election unless he or she has attended such
instructional program. A person to replace any election
official who fails to attend the instructional program shall be
appointed in the same manner as persons are appointed under the
provisions of section thirty of this article to replace election
officials refusing to serve, and the clerk of the county
commission shall conduct an additional instructional program within the seven days prior to the election for any such person
or persons so appointed:
Provided, That in cases of emergency
when no person who has attended the instructional program for
that election is available to fill a vacancy on the election
board, the clerk of the county commission may appoint such
person as a commissioner or poll clerk notwithstanding that such
person has not received the instruction.
(d) No person may be required to attend the instructional
program if that person has served in at least four of the last
six primary or general elections: Provided, That if either the
county clerk or the secretary of state certifies that a
substantial change in election procedures has occurred since
that person last served in a primary or general election, that
person is required to attend the instructional program pursuant
to subsection (c) of this section.
(d) (e) The requirements of this section
shall apply to all
elections conducted by municipalities, except that the recorder
or municipal clerk responsible for the election shall perform
the duties of the clerk of the county commission defined herein.
The clerk of the county commission may assist the recorder or
municipal clerk in conducting the instructional program.
(e) (f) While such program is not being used by the clerk
for instructional purposes,
it the clerk shall
be make it available to any duly organized civic, religious, educational or
charitable group without charge, except that the clerk shall
require a cash deposit on such use in an amount to be determined
by the secretary of state.
(f) (g) The secretary of state shall cause such program to
be amended, edited or reproduced whenever he or she is of the
opinion such revision is necessary in light of changes in the
election laws of this state.
(g) (h) No elected official
shall may appear in such program
either in person or by visual image or by name.
NOTE: The purpose of this bill is to exempt certain election
officials from attending the instructional program.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.
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