H. B. 2069
(By Delegate Yost)
[Introduced February 9, 2005; referred to the
Committee on Education then the Judiciary.]
A BILL
to amend and reenact §18-9-1 and §18-9-2 of the code of West
Virginia, 1931, as amended, all relating to school levies and
providing that school levy elections may be held during a
primary election.
Be it enacted by the Legislature of West Virginia:
That §18-9-1 and §18-9-2 of the code of West Virginia, 1931,
as amended, be amended and reenacted, all to read as follows:
ARTICLE 9. SCHOOL FINANCES.
§18-9-1. School levies; when levy election necessary; special
election.
The Board of Education of every school district or independent
school district, wherein a majority of the votes cast on the
question of school levy at the last
primary, general or special
election at which the question of school levy was submitted to the
qualified voters of
such the district or independent school district were in favor of
such the levy, shall annually, at the
time and in the manner provided by law for making levies, levy a
tax on all taxable property in its district or independent school
district for the support and maintenance of free schools therein:
Provided, That upon petition of not less than forty percent of the
registered voters in any district or independent school district,
as shown by the last registration of voters therein, addressed to
the board of education of
such the district or independent school
district, requesting the submission of the school levy to the
voters of
such the district, the board of education of
such the
district or independent district shall submit the question of
authorizing a levy for school purposes to the voters of
such the
district at the
primary or general election held next after
such
the petition is presented; and the board of ballot commissioners of
the county of which
such the district constitutes a part shall
prepare or cause to be prepared separate ballots from the official
ballot to be voted at said election, which separate ballot shall
have printed thereon the following:
BALLOT ON SCHOOL LEVY
/ / For school levy.
/ / Against school levy.
The officers conducting the
primary or general election at
each place of voting shall conduct the election on the question of
the school levy and canvass and certify the result thereof to the commissioners of the
county commission court in the same manner, so
far as applicable, as they are required to conduct and certify the
result of the
primary or general election; and
such the
commissioners shall promptly certify the result of the election on
the question of the school levy to the board of education of the
district or independent school district within which the election
was held, and
such the certificate shall be entered by the
secretary as part of the minutes and records of
such the board of
education. If a majority of the ballots cast at
said the primary
or general election in any district or independent school district
on the question of
such the school levy be in favor of the levy,
the board of education of
such the district or independent school
district shall annually thereafter levy a tax on all the taxable
property in its district, for the support and maintenance of the
schools in the district, until
such the time as an election may
again be held on the question of
such the school levy in the manner
hereinbefore provided.
In the event that a majority of the votes cast in any school
district or independent school district upon the question of the
school levy submitted at any
primary or general election be against
the levy, the board of education of
such the district or
independent school district shall have authority to call a special
election for the purpose of resubmitting the question of
authorizing
such the school levy to the voters of
such the district or independent district.
Such The special election shall be held
in accordance with the provisions of the next succeeding section of
this article, so far as applicable, and the ballots shall be
similar to those heretofore described in this section. If a
majority of the ballots cast at
such the special election in any
school district or independent school district be in favor of the
school levy, the board of education of
such the district or
independent school district shall annually thereafter levy a tax
for the support of the free schools in its district or independent
school district, in the manner provided by law for school levies,
until such time as the question of school levy may again be
submitted at a
primary or general election upon a petition signed
by not less than forty percent of the registered voters of the
district or independent district, as hereinbefore provided, and a
majority of the votes cast at
such the election be against the
levy. If a majority of the votes cast at any
such special election
be against the school levy the board of education of any
such
district or independent district shall again submit the question of
a school levy to the voters of its district or independent district
at the next
primary or general election:
Provided, however, That
upon petition of not less than forty percent of the qualified
voters of the district, as determined from the last registration of
voters,
such the board of education may again submit the question
of school levy at a special election to be held for that purpose, in the manner hereinbefore provided, prior to the next succeeding
general election.
§18-9-2. Elections under this chapter; procedure.
Any and all elections authorized by this chapter for school
purposes may, unless otherwise provided, be held separately or in
connection with any
primary, general or special election. Notice
of
any such an election shall be given by the publication of the
order of the board calling the same as a Class II-0 legal
advertisement in compliance with the provisions of article three,
chapter fifty-nine of this code, and the publication area for
such
the publication shall be the territory in which the election is to
be held. The order shall be
so published within fourteen
consecutive days next preceding the day of
the election. All
provisions of the law concerning
primary, general and special
elections shall apply in
such these elections insofar as is
practicable, except that in cases of special elections the board
calling the election shall appoint necessary election officers and
shall canvass the returns, and the secretary of the board shall
procure and furnish to the election commissioners at each place of
voting the ballots, poll books, tally sheets and other things
needed. In calling elections, district and county boards of
education shall follow the forms to be prescribed by the Attorney
General.
NOTE: The purpose of this bill is to provide that a school
levy election may be held during the primary election.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
Email
Webmaster | © 2024 West Virginia Legislature **
