Senate Bill No. 553
(Senators Edgell, Fitzsimmons, Cookman, Yost and Beach, original sponsors)
[Passed March 8, 2014; in effect ninety days from passage.]
AN ACT to amend and reenact §3-5-24 of the Code of West Virginia, 1931, as amended, relating to certificates of nomination for elected office; stating filing deadlines for certificates of nomination; declaring location where certificates of nomination must be filed; clarifying with whom the certificates are filed and to whom the fees are to be paid; prohibiting untimely filings or untimely fee payment; and clarifying that this section does not apply to nonpartisan elections.
Be it enacted by the Legislature of West Virginia:
That §3-5-24 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
ARTICLE 5. PRIMARY ELECTIONS AND NOMINATING PROCEDURES.
§3-5-24. Filing of nomination certificates; time; location; fees; effect of failure to timely file or pay fee.
(a) All certificates nominating candidates for office under section twenty-three of this article shall be filed not later than August 1 preceding the November general election: Provided, That for municipal or other elections not held in conjunction with regular state and county general elections, certificates shall be filed not later than ninety days before the date of the election, unless otherwise provided by charter, ordinance or code.
(b) The nomination certificate required by this section and section twenty-three of this article shall be filed:
(1) In the case of a candidate to be voted for by the voters of the entire state or by any subdivision of the state other than a single county, with the Secretary of State;
(2) In the case of all candidates for county and magisterial district offices, including all offices to be filled by the voters of a single county, with the clerk of the county commission; and
(3) In the case of candidates for election in a municipality, with the recorder or other official designated by charter or ordinance to perform election responsibilities.
(c) Each candidate shall pay the filing fee required by section eight of this article, at the time of the filing of the nomination certificate.
(d) If any nomination certificate is not timely filed or if the filing fee is not timely paid, the certificate may not be received by the Secretary of State, the clerk of the county commission or the recorder or other official designated by charter or ordinance to perform municipal election responsibilities, as the case may be.
(e) This section is inapplicable to nonpartisan elections.