H. B. 2603
(By Delegates Sobonya, Sumner, C. Miller,
Rowan, Duke and Ellem)
[Introduced February 18, 2009; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact §3-1-16 and §3-1-17 of the Code of West
Virginia, 1931, as amended; to amend and reenact §3-4A-11 and
§3-4A-11a of said code; to amend said code by adding thereto
two new sections, designated §3-5-6a and §3-5-6b; to amend and
reenact §3-5-7, §3-5-13 and §3-5-13a of said code; to amend
said code by adding thereto a new section, designated §3-6-2a;
and to amend and reenact §51-2-1 of said code, all relating to
the nonpartisan elections of justices of the West Virginia
Supreme Court of Appeals and circuit court judges; timing and
frequency of election; ballot design and printing; separation
from partisan ballot; filing announcement of candidacies;
withdrawal of announcement of candidacies; refund of paid
filing fees; and ballot content.
Be it enacted by the Legislature of West Virginia:
That §3-1-16 and §3-1-17 of the Code of West Virginia, 1931,
as amended, be amended and reenacted; that §3-4A-11 and §3-4A-11a of said code be amended and reenacted; that said code be amended by
adding thereto two new sections, designated §3-5-6a and §3-5-6b;
that §3-5-7, §3-5-13 and §3-5-13a of said code be amended and
reenacted; that said code be amended by adding thereto a new
section, designated §3-6-2a; and that §51-2-1 of said code be
amended and reenacted, all to read as follows:
CHAPTER 3. ELECTIONS.
ARTICLE 1. GENERAL PROVISIONS AND DEFINITIONS.
§3-1-16. Election of state officers.
At the general election to be held in 1968, and in every
fourth year thereafter, there shall be elected a Governor,
Secretary of State, Treasurer, Auditor, Attorney General, and
Commissioner of Agriculture. At the general election in 1968, and
in every second year thereafter, there shall be elected a member of
the State Senate for each senatorial district, and a member or
members of the House of Delegates of the state from each county or
each delegate district. At the general election to be held in the
year 1968, and in every twelfth year thereafter, there shall be
elected one
judge justice of the Supreme Court of Appeals, and at
the general election to be held in 1972, and in every twelfth year
thereafter, two
judges justices of the Supreme Court of Appeals,
and at the general election to be held in 1976, and in every
twelfth year thereafter, two
judges justices of the Supreme Court
of Appeals.
At the general election to be held in 2010, and in every twelfth year thereafter, there shall be elected one justice
of the Supreme Court of Appeals, and at the general election to be
held in 2010, and in every twelfth year thereafter, there shall be
elected two justices of the Supreme Court of Appeals, and at the
general election to be held in 2014, and in every twelfth year
thereafter, there shall be elected two justices of the Supreme
Court of Appeals. Effective with the general election held in
2010, the election of justices of the Supreme Court of Appeals
shall be on a nonpartisan basis.
§3-1-17. Election of circuit judges; county and district officers;
magistrates.
There shall be elected, at the general election to be held in
1992, and in every eighth year thereafter, one judge of the circuit
court of every judicial circuit entitled to but one judge, and one
judge for each numbered division of the judicial circuit in those
judicial circuits entitled to two or more circuit judges; and at
the general election to be held in 1992, and in every fourth year
thereafter, a sheriff, prosecuting attorney, surveyor of lands, and
the number of assessors prescribed by law for the county, and the
number of magistrates prescribed by law for the county; and at the
general election to be held in 1990, and in every second year
thereafter, a commissioner of the county commission for each
county; and at the general election to be held in 1992, and in
every sixth year thereafter, a clerk of the county commission and a clerk of the circuit court for each county.
Effective with the
general election of 2010, all elections for circuit court judges in
the respective circuits will be elected on a nonpartisan basis.
ARTICLE 4A. ELECTRONIC VOTING SYSTEMS.
§3-4A-11. Ballot labels, instructions and other supplies;
procedure and requirements.
(a) The ballot commissioners of any county in which an
electronic voting system utilizing voting devices for registering
the voter's choices is to be used in any election shall cause to be
printed for use in the election the ballot cards and ballot labels,
as appropriate, for the electronic voting system, or shall cause to
be printed a reasonable facsimile of the screens as they appear to
the voter for the electronic voting system.
(1) The ballot labels are to be clearly printed in black ink
on clear white material of a size as will fit the vote recording
devices or as will be displayed on the screens as they appear to
the voter for the electronic voting system. Arrows are to be
printed on the ballot labels to indicate the place to punch the
ballot card, which may be to the right or left of the name or
proposition, or boxes are to be printed as they appear to the voter
on the screens for the electronic voting system.
(2) The ballot labels are to contain the party emblem and are
to clearly indicate the party designation of each candidate. The
titles of offices may be arranged on the ballot labels in vertical columns or in a series of separate pages, and are to be printed
above or at the side of the names of candidates
so as to indicate
clearly the candidates for each office and the number to be
elected. The names of candidates for each office are to be printed
in vertical columns or on separate pages, grouped by the offices
which they seek.
(3) For the primary election, the heading of the ballot, the
type faces, the names and arrangement of offices and the printing
of names and arrangement of candidates within each office are to
conform as nearly as possible to
the provisions of sections
thirteen and thirteen-a, article five of this chapter.
(4) For the general election, the heading of the ballot, the
straight ticket positions, the instructions to straight ticket
voters, the type faces, the names and arrangement of offices and
the printing of names and the arrangement of candidates within each
office are to conform as nearly as possible to
the provisions of
section two, article six of this chapter, except as otherwise
provided in this article. Except for electronic voting systems
that utilize a screen upon which votes may be recorded by stylus or
by means of touch, the Secretary of State shall assign uniform
numbers to be used by all counties using electronic voting for all
straight party tickets and for all candidates running for offices
to be voted upon by all of the voters of the state. After taking
into account the numbers so assigned by the Secretary of State, the clerk of the circuit court shall arrange the offices and the
candidates within each office as prescribed by section two, article
six of this chapter, and shall assign the appropriate number for
each candidate. When one candidate is to be elected and only two
parties are on the ballot, the ballot label and the arrangement of
the ballot are to conform as nearly as practical to the following
example:
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Democratic Ticket
Republican Ticket
_______________________________
______________________________
For Governor
For Governor
(Vote for One)
(Vote for One)
- - - - - - - - - - - - - - - -- - - - - - - - - - - - - - -
(candidate's name) 10 ---
(residence, county)
--- 11 (candidate's name)
(residence, county)
________________________________
___________________________
When more than two parties are on the ballot for an office,
the arrangement of the ballot is to be specified by the Secretary
of State, and may conform to the following example if practical:
- - - - - - - - - - - - - - - - - - - - - - - -
For Governor
(Vote for One)
- - - - - - - - - - - - - - - - - - - - - - - -
Democrat(candidate's name)
10 ---
(residence, county)
Republican(candidate's name)
11 ---
(residence, county)
People's(candidate's name)
12 ---
(residence, county)
The ballot label and the arrangement of the ballot for
multicandidate offices are to conform as nearly as practical to the
following example:
- - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - -
Democratic Ticket
Republican Ticket
_____________________________
______________________________
For House of Delegates
For House of Delegates
First Delegate District
First Delegate District
(Vote For Not More Than Two)(Vote For Not More Than Two)
[If you marked a straight[If you marked a straight
ticket and you mark any
ticket and you mark any
candidate in a different
candidate in a different
party for this office, you
party for this office, you
must mark all your choices
must mark all your choices
because your straight ticket
because your straight ticket
vote will not be counted
vote will not be counted
for this office.]
for this office.]
- - - - - - - - - - - - - - -- - - - - - - - - - - - - - - -
(candidate's name) 69 ---
(residence, county)
_________________________
______________________________
--- 70 (candidate's name)
(residence, county)
__________________________
______________________________
(candidate's name) 71 ---
(residence, county)
__________________________
______________________________
--- 72 (candidate's name)
(residence, county)
(5) Any nonpartisan office, including Board of Education and
effective with the general election held in 2010 and thereafter for
the nonpartisan office of justice of the Supreme Court of Appeals
and all elections of the nonpartisan office of circuit court judge,
any question to be voted on is to be placed or displayed on a
separate page or otherwise separated from the partisan ballots,
constituting a separate ballot where required.
(6) In elections in which voters are authorized to vote for
official write-in candidates whose names do not appear on the
ballot label, there are to be provided, as described in this
section, a write-in position on the ballot label for the voter to
indicate his or her preference for a write-in candidate and a form
on the inside of the secrecy envelope to permit a voter to enter
the title of the office and the names of official write-in
candidates for whom he or she wishes to vote
. Provided, That if If an electronic voting system that utilizes a screen upon which votes
may be recorded by means of a stylus or by means of touch is used,
the devices are to provide an alpha-numerical screen which allows
the voter to, by use of a stylus or by touch, to enter the name of
the write-in candidate for whom he or she wishes to vote.
For an office to be filled by election in a primary, except
delegate to national convention, and for each office in a general
election, the ballot label is to include, following all candidates
for the office, a single numbered position with an arrow or box
indicating the location to punch the ballot card or touch the
screen to indicate a preference for a write-in candidate. The
following instructions are to be printed beside the arrow in at
least ten point type. "TO WRITE-IN FOR THIS OFFICE: Punch here
and put name of office and candidate on inside of secrecy envelope.
DO NOT put name here," or, if an electronic voting system is used
with screens upon which votes may be recorded by means of a stylus
or by means of touch, the word "WRITE-IN" will appear beside a box
indicating the location for the voter to touch the screen and, when
activated, another screen is to appear allowing the voter to enter
a write-in candidate.
(7) In addition to all other equipment and supplies required
by
the provisions of this article, the ballot commissioners shall
cause to be printed a supply of instruction cards, sample ballots,
facsimile diagrams of the vote recording device ballot and official printed ballots or ballot cards adequate for the orderly conduct of
the election in each precinct in their county.
(b) The ballot commissioners shall provide all other materials
and equipment necessary to the conduct of the election, including
voting booths, appropriate facilities for the reception and
safekeeping of ballot cards, the ballots of absentee and of
challenged voters and of "independent" voters who shall, in primary
elections, cast their votes on nonpartisan candidates and public
questions submitted to the voters.
§3-4A-11a. Ballots tabulated electronically; arrangement, quantity
to be printed, ballot stub numbers.
(a) The board of ballot commissioners in counties using
ballots upon which votes may be recorded by means of marking with
electronically sensible ink or pencil and which marks are tabulated
electronically shall cause the ballots to be printed or displayed
upon the screens of the electronic voting system for use in
elections.
(b)(1) For the primary election, the heading of the ballot,
the type faces, the names and arrangement of offices and the
printing of names and arrangement of candidates within each office
are to conform as nearly as possible to
the provisions of sections
thirteen and thirteen-a, article five of this chapter.
(2) For the general election, the heading of the ballot, the
straight ticket positions, the instructions to straight ticket voters, the type faces, the names and arrangement of offices and
the printing of names and the arrangement of candidates within each
office are to conform as nearly as possible to the provisions of
section two, article six of this chapter, except as otherwise
provided in this article.
(3) Nonpartisan elections for board of education
and effective
with the general election held in 2010 and thereafter for the
nonpartisan office of justice of the Supreme Court of Appeals and
all elections of the nonpartisan office of circuit court judge,
and any question to be voted upon are to be separated from the
partisan ballot and separately headed in display type with a title
clearly identifying the purpose of the election and constituting a
separate ballot wherever a separate ballot is required under
the
provisions of this chapter.
(4) Both the face and the reverse side of the ballot may
contain the names of candidates only if means to ensure the secrecy
of the ballot are provided and lines for the signatures of the poll
clerks on the ballot are printed on a portion of the ballot which
is deposited in the ballot box and upon which marks do not
interfere with the proper tabulation of the votes.
(5) The arrangement of candidates within each office is to be
determined in the same manner as for other electronic voting
systems, as prescribed in this chapter. On the general election
ballot for all offices, and on the primary election ballot only for those offices to be filled by election, except delegate to national
convention, lines for entering write-in votes are to be provided
below the names of candidates for each office, and the number of
lines provided for any office shall equal the number of persons to
be elected, or three, whichever is fewer. The words "WRITE-IN, IF
ANY" are to be printed, where applicable, directly under each line
for write-ins. The lines are to be opposite a position to mark the
vote.
(c) Except for electronic voting systems that utilize screens
upon which votes may be recorded by means of a stylus or by means
of touch, the primary election ballots are to be printed in the
color of ink specified by the Secretary of State for the various
political parties, and the general election ballot is to be printed
in black ink. For electronic voting systems that utilize screens
upon which votes may be recorded by means of a stylus or by means
of touch, the primary ballots and the general election ballot are
to be printed in black ink. All ballots are to be printed, where
applicable, on white paper suitable for automatic tabulation and
are to contain a perforated stub at the top or bottom of the
ballot, which is to be numbered sequentially in the same manner as
provided in section thirteen, article five of this chapter, or are
to be displayed on the screens of the electronic voting system upon
which votes are recorded by means of a stylus or touch. The number
of ballots printed and the packaging of ballots for the precincts are to conform to the requirements for paper ballots provided in
this chapter.
(d) In addition to the official ballots, the ballot
commissioners shall provide all other materials and equipment
necessary to the proper conduct of the election.
ARTICLE 5. PRIMARY ELECTIONS AND NOMINATING PROCEDURES.
§3-5-6a. Election of justices of the Supreme Court of Appeals.
(a) An election for the purpose of electing a justice or
justices of the Supreme Court of Appeals shall be held on the same
date as the general election, as provided by law, but upon a
nonpartisan ballot printed for this purpose.
(b) In each nonpartisan election for a justice or justices of
the Supreme Court of Appeals, the board of canvassers shall declare
and certify the election of the required number of eligible
candidates receiving the highest numbers of votes to fill any full
terms.
(c) It is the intent of this section that any person declared
to be elected under this section shall take office as a duly
elected justice, even though the person received a plurality of all
votes cast at such election.
(d) In case of a tie vote under this section, section twelve,
article six of this chapter shall control in breaking the tie.
§3-5-6b. Election of circuit judges.
(a) An election for the purpose of electing a circuit court judge or circuit court judges shall be held on the same date as the
general election in their respective circuits, as provided by law,
but upon a nonpartisan ballot printed for this purpose.
(b) In each nonpartisan election for a circuit court judge or
circuit court judges, the board of canvassers shall declare and
certify the election of the required number of eligible candidates
receiving the highest numbers of votes to fill any full terms.
(c) It is the intent of this section that any person declared
to be elected under this section shall take office as a duly
elected circuit court judge, even though the person received a
plurality of all votes cast at such election.
(d) In case of a tie vote under this section, section twelve,
article six of this chapter shall control in breaking the tie.
§3-5-7. Filing announcements of candidacies; requirements;
withdrawal of candidates when section applicable.
(a) Any person who is eligible and seeks to hold an office or
political party position to be filled by election in any primary or
general election held under the provisions of this chapter shall
file a certificate of announcement declaring as a candidate for the
nomination or election to the office.
(b) The certificate of announcement shall be filed as follows:
(1) With the Secretary of State if it be an office or
political position to be filled by the voters of more than one
county;
(2) With the clerk of the county commission if it be for an
office to be filled by the voters of a single county or of a
subdivision less than a county;
(3) With the recorder or city clerk if it be for an office to
be filled by the voters of a municipality.
(c) Except for the offices of justice of the Supreme Court of
Appeals and circuit court judge, which are to be filled on a
nonpartisan basis beginning at the general election held in 2010,
the certificate of announcement shall be filed with the proper
officer not earlier than the sencon Monday in January next
preceding the primary election day, and not later than the last
Saturday in January next preceding the primary election day, and
must be received before midnight, eastern standard time, of that
day or, if mailed, shall be postmarked by the United States Postal
Service before that hour. The offices of justice of the Supreme
Court of Appeals and circuit court judge, beginning in 2010 shall
be filled on a nonpartisan basis at the general election. The
certificate of announcement shall be filed with the authorized
election official not later than the second Tuesday in May, and
must be received before midnight, eastern standard time, of that
day or, if mailed, shall be postmarked by the United States Postal
Service before midnight, eastern standard time, of that day. All
certificates of announcement for the offices of justice of the
Supreme Court of Appeals and circuit court judge, which were filed not earlier than the second Monday in January next preceding the
primary election day, and not later than the last Saturday in
January next preceding the primary election day, and were received
before midnight, eastern standard time, of that day or, if mailed,
were postmarked by the United States Postal Service before that
hour, may be withdrawn on or before midnight, eastern standard
time, of the second Tuesday in May, in accordance with article
five, section eleven of this chapter, with a full refund of any
filing fees paid or, if not withdraw, shall be effective for
purposes of the nonpartisan election for such offices to be held on
general election day.
(d) The certificate of announcement shall be on a form
prescribed by the Secretary of State on which the candidate shall
make a sworn statement before a notary public or other officer
authorized to give oaths, containing the following information:
(1) The date of the election in which the candidate seeks to
appear on the ballot;
(2) The name of the office sought; the district, if any; and
the division, if any;
(3) The legal name of the candidate and the exact name the
candidate desires to appear on the ballot, subject to limitations
prescribed in section thirteen, article five of this chapter;
(4) The county of residence and a statement that the candidate
is a legally qualified voter of that county; and the magisterial district of residence for candidates elected from magisterial
districts or under magisterial district limitations;
(5) The specific address designating the location at which the
candidate resides at the time of filing, including number and
street or rural route and box number and city, state and zip code;
(6) For partisan elections, the name of the candidate's
political party and a statement that the candidate: (A) Is a
member of and affiliated with that political party as evidenced by
the candidate's current registration as a voter affiliated with
that party; and (B) has not been registered as a voter affiliated
with any other political party for a period of sixty days before
the date of filing the announcement;
(7) For candidates for delegate to national convention, the
name of the presidential candidate to be listed on the ballot as
the preference of the candidate on the first convention ballot; or
a statement that the candidate prefers to remain "uncommitted";
(8) A statement that the person filing the certificate of
announcement is a candidate for the office in good faith;
(9) The words "subscribed and sworn to before me this ______
day of _____________, 20____" and a space for the signature of the
officer giving the oath.
(e) The Secretary of State or the board of ballot
commissioners, as the case may be, may refuse to certify the
candidacy or may remove the certification of the candidacy upon receipt of a certified copy of the voter's registration record of
the candidate showing that the candidate was registered as a voter
in a party other than the one named in the certificate of
announcement during the 60 days immediately preceding the filing of
the certificate. Provided, That unless Unless a signed formal
complaint of violation of this section and the certified copy of
the voter's registration record of the candidate are filed with the
officer receiving that candidate's certificate of announcement no
later than ten days following the close of the filing period, the
candidate shall not be refused certification for this reason.
(f) The certificate of announcement shall be subscribed and
sworn to by the candidate before some officer qualified to
administer oaths, who shall certify the same. Any person who
knowingly provides false information on the certificate is guilty
of false swearing and shall be punished in accordance with section
three, article nine of this chapter.
(g) Any candidate for delegate to a national convention may
change his or her statement of presidential preference by notifying
the Secretary of State by letter received by the Secretary of State
no later than the third Tuesday following the close of candidate
filing. When the rules of the political party allow each
presidential candidate to approve or reject candidates for delegate
to convention who may appear on the ballot as committed to that
presidential candidate, the presidential candidate or the candidate's committee on his or her behalf may file a list of
approved or rejected candidates for delegate and the Secretary of
State shall list as "uncommitted" any candidate for delegate who is
disapproved by the presidential candidate.
(h) No person shall be a candidate for more than one office or
office division at any election. Provided, That However, a
candidate for an office may also be a candidate for President of
the United States, for membership on political party executive
committees or for delegate to a political party national
convention.
(i) Any candidate who files a certificate of announcement for
more than one office or division and does not withdraw, as provided
by section eleven, article five of this chapter, from all but one
office prior to the close of the filing period shall not be
certified by the Secretary of State or placed on the ballot for any
office by the board of ballot commissioners.
(j) The provisions of this section enacted during the regular
session of the Legislature in 1991 shall apply to the primary
election held in 1992 and every primary election held thereafter.
The provisions of this section enacted during the regular session
of the Legislature in 1998 shall apply to the primary election held
in 2000 and every primary election held thereafter.
§3-5-13. Form and contents of ballots.
The face of every primary election ballot shall conform as nearly as practicable to that used at the general election.
(1) The heading of every ballot is to be printed in display
type. The heading is to contain a ballot title, the name of the
county, the state, the words "Primary Election" and the month, day
and year of the election. The ballot title of the political party
ballots is to contain the words "Official Ballot of the (Name)
Party" and the official symbol of the political party may be
included in the heading. The ballot title of any separate paper
ballot or portion of any electronic or voting machine ballot for
the Board of Education is to contain the words "Nonpartisan Ballot
of Election of Members of the ______________ County Board of
Education". The districts for which less than two candidates may
be elected and the number of available seats are to be specified
and the names of the candidates are to be printed without reference
to political party affiliation and without designation as to a
particular term of office. The ballot title of any separate paper
ballot or portion of any electronic or voting machine ballot for
the Supreme Court of Appeals shall contain the words "Nonpartisan
Ballot of Election of Justice(s) of the Supreme Court of Appeals of
West Virginia." The names of the candidates for the Supreme Court
of Appeals shall be printed without references to political party
affiliation or registration. The ballot title of any separate paper
ballot or portion of any electronic or voting machine ballot for
all circuit court judges in the respective circuits shall contain the words "Nonpartisan Ballot of Election of Circuit Court
Judge(s)." The names of the candidates for the respective circuit
court judge office shall be printed without references to political
party affiliation or registration. Any other ballot or portion of
a ballot on a question is to have a heading which clearly states
the purpose of the election according to the statutory requirements
for that question.
(2) (A) For paper ballots, the heading of the ballot is to be
separated from the rest of the ballot by heavy lines and the
offices shall be arranged in columns with the following headings,
from left to right across the ballot: "National Ticket", "State
Ticket", "County Ticket" and, in a presidential election year,
"National Convention" or, in a nonpresidential election year,
"District Ticket". The columns are to be separated by heavy lines.
Within the columns, the offices are to be arranged in the order
prescribed in section thirteen-a of this article.
(B) For voting machines, electronic voting devices and any
ballot tabulated by electronic means, the offices are to appear in
the same sequence as prescribed in section thirteen-a of this
article and under the same headings as prescribed in subsection (a)
of this section. The number of pages, columns or rows, where
applicable, may be modified to meet the limitations of ballot size
and composition requirements subject to approval by the Secretary
of State.
(C) The title of each office is to be separated from preceding
offices or candidates by a line and is to be printed in bold type
no smaller than eight point. Below the office is to be printed the
number of the district, if any, the number of the division, if any,
and the words "Vote for ________" with the number to be nominated
or elected or "Vote For Not More Than ________" in multicandidate
elections. For offices in which there are limitations relating to
the number of candidates which may be nominated, elected or
appointed to or hold office at one time from a political
subdivision within the district or county in which they are
elected, there is to be a clear explanation of the limitation, as
prescribed by the Secretary of State, printed in bold type
immediately preceding the names of the candidates for those offices
on the ballot in every voting system. For counties in which the
number of county commissioners exceeds three and the total number
of members of the county commission is equal to the number of
magisterial districts within the county, the office of county
commission is to be listed separately for each district to be
filled with the name of the magisterial district and the words
"Vote for One" printed below the name of the office. Provided,
That Also, the office title and applicable instructions may span
the width of the ballot so as it is centered among the respective
columns.
(D) The location for indicating the voter's choices on the ballot is to be clearly shown. For paper ballots, other than those
tabulated electronically, the official primary ballot is to contain
a square formed in dark lines at the left of each name on the
ballot, arranged in a perpendicular column of squares before each
column of names.
(3)(A) The name of every candidate certified by the Secretary
of State or the board of ballot commissioners is to be printed in
capital letters in no smaller than eight point type on the ballot
for the appropriate precincts. Subject to the rules promulgated by
the Secretary of State, the name of each candidate is to appear in
the form set out by the candidate on the certificate of
announcement, but in no case may the name misrepresent the identity
of the candidate nor may the name include any title, position,
rank, degree or nickname implying or inferring any status as a
member of a class or group or affiliation with any system of
belief.
(B) The city of residence of every candidate, the state of
residence of every candidate residing outside the state, the county
of residence of every candidate for an office on the ballot in more
than one county and the magisterial district of residence of every
candidate for an office subject to magisterial district limitations
are to be printed in lower case letters beneath the names of the
candidates.
(C) The arrangement of names within each office must be determined as prescribed in section thirteen-a of this article.
(D) If the number of candidates for an office exceeds the
space available on a column or ballot page and requires that
candidates for a single office be separated, to the extent
possible, the number of candidates for the office on separate
columns or pages are to be nearly equal and clear instructions
given the voter that the candidates for the office are continued on
the following column or page.
(4) When an insufficient number of candidates has filed for
a party to make the number of nominations allowed for the office or
for the voters to elect sufficient members to the board of
education or to executive committees, the vacant positions on the
ballot shall be filled with the words "No Candidate Filed."
Provided, That Also, in paper ballot systems which allow for
write-ins to be made directly on the ballot, a blank line shall be
placed in any vacant position in the office of board of education
or for election to any party executive committee. A line shall
separate each candidate from every other candidate for the same
office. Notwithstanding any other provision of this code, if there
are multiple vacant positions on a ballot for one office, the
multiple vacant positions which would otherwise be filled with the
words "No Candidate Filed" may be replaced with a brief detailed
description, approved by the Secretary of State, indicating that
there are no candidates listed for the vacant positions.
(5) In presidential election years, the words "For election
in accordance with the plan adopted by the party and filed with the
Secretary of State" is to be printed following the names of all
candidates for delegate to national convention.
(6) All paper ballots are to be printed in black ink on paper
sufficiently thick so that the printing or marking cannot be
discernible from the back. Ballot cards and paper for printing
ballots using electronically sensible ink are to meet minimum
requirements of the tabulating systems and are to conform in size
and weight to ensure ease in tabulation.
(7) Ballots are to contain perforated tabs at the top of the
ballots and are to be printed with unique sequential numbers from
one to the highest number representing the total number of ballots
printed. On paper ballots, the ballot is to be bordered by a solid
line at least one sixteenth of an inch wide and the ballot is to be
trimmed to within one-half inch of that border.
(8) On the back of every official ballot or ballot card the
words "Official Ballot" with the name of the county and the date of
the election are to be printed. Beneath the date of the election
there are to be two blank lines followed by the words "Poll
Clerks".
(9) The face of sample paper ballots and sample ballot labels
are to be like other official ballots or ballot labels except that
the word "sample" is to be prominently printed across the front of the ballot in a manner that ensures the names of candidates are not
obscured and the word "sample" may be printed in red ink. No
printing may be placed on the back of the sample.
§3-5-13a. Order of offices and candidates on the ballot; uniform
drawing date.
(a) The order of offices for state and county elections on
all ballots within the state shall be as prescribed herein. When
the office does not appear on the ballot in an election, then it
shall be omitted from the sequence. When an unexpired term for an
office appears on the ballot along with a full term, the unexpired
term shall appear immediately below the full term.
NATIONAL TICKET: President (and Vice President in the
general election), United States Senator, member of the United
States House of Representatives
STATE TICKET: Governor, Secretary of State, Auditor,
Treasurer, Commissioner of Agriculture, Attorney General, Justice
of the Supreme Court of Appeals, State Senator, member of the House
of Delegates, circuit judge in multicounty districts, family court
judge in multicounty districts, any other multicounty office, state
executive committee.
COUNTY TICKET: Circuit judge in single-county districts,
Family court judge in single-county districts, clerk of the circuit
court, county commissioner, clerk of the county commission,
prosecuting attorney, sheriff, assessor, magistrate, surveyor, congressional district executive committee, senatorial district
executive committee in multicounty districts, delegate district
executive committee in multicounty districts.
NATIONAL CONVENTION: Delegate to the national convention --
at-large, delegate to the national convention -- congressional
district.
DISTRICT TICKET: County executive committee.
(b) Except for office divisions in which no more than one
person has filed a certificate of announcement, the arrangement of
names for all offices shall be determined by lot according to the
following provisions:
(1) On the forth Tuesday following the close of the candidate
filing, beginning at nine o'clock a. m., a drawing by lot shall be
conducted in the office of the clerk of the county commission in
each county. Notice of the drawing shall be given on the form for
the certificate of announcement and no further notice shall be
required. The clerk of the county commission shall superintend and
conduct the drawing and the method of conducting the drawing shall
be prescribed by the Secretary of State.
(2) Except as provided herein, the position of each candidate
within each office division shall be determined by the position
drawn for that candidate individually. Provided, That However, if
fewer candidates file for an office division than the total number
to be nominated or elected, the vacant positions shall appear following the names of all candidates for the office.
(3) Candidates for delegate to national convention who have
filed a commitment to a candidate for president shall be listed
alphabetically within the group of candidates committed to the same
candidate for president and uncommitted candidates shall be listed
alphabetically in an uncommitted category. The position of each
group of committed candidates and uncommitted candidates shall be
determined by lot by drawing the names of the presidential
candidates and for an uncommitted category.
(4) A candidate or the candidate's representative may attend
the drawings.
ARTICLE 6. CONDUCT AND ADMINISTRATION OF ELECTIONS.
§3-6-2a. General election ballots for elections of justices of the
Supreme Court of Appeals and circuit court judges.
The general election ballot shall contain separate sections,
one listing the names of candidates for justice of the Supreme
Court and one listing names of candidates for circuit court judge
or circuit court judges in the respective circuits, clearly
separate and apart from the listing of the names on the ballot for
political party candidates for partisan offices, and shall include
a heading of: "Nonpartisan Ballot of Election of Justice(s) of the
Supreme Court of Appeals of West Virginia" and another heading of:
"Nonpartisan Ballot of Election of Circuit Court Judge(s)" with the
proper circuit of the respective circuit court election listed on the ballot, with the names of all candidates for the nonpartisan
elections listed thereunder with no other offices listed in that
section or that ballot as appropriate.
CHAPTER 51. COURTS AND THEIR OFFICERS.
ARTICLE 2. CIRCUIT COURTS; CIRCUIT JUDGES.
§51-2-1. Judicial circuits; terms of office; legislative findings
and declarations; elections; terms of court.
(a) The state shall be divided into the following judicial
circuits with the following number of judges:
(1) The counties of Brooke, Hancock and Ohio shall constitute
the 1st circuit and shall have four judges;
(2) The counties of Marshall, Tyler and Wetzel shall
constitute the second circuit and shall have two judges;
(3) The counties of Doddridge, Pleasants and Ritchie shall
constitute the third circuit and shall have one judge;
(4) The counties of Wood and Wirt shall constitute the forth
circuit and shall have three judges;
(5) The counties of Calhoun, Jackson, Mason and Roane shall
constitute the fifth circuit and shall have two judges;
(6) The county of Cabell shall constitute the sixth circuit
and shall have four judges;
(7) The county of Logan shall constitute the seventh circuit
and shall have two judges;
(8) The county of McDowell shall constitute the eighth circuit and shall have two judges;
(9) The county of Mercer shall constitute the ninth circuit
and shall have two judges. Provided, That However, effective
September 1, 2008, said circuit shall have three judges;
(10) The county of Raleigh shall constitute the tenth circuit
and shall have three judges;
(11) The counties of Greenbrier and Pocahontas shall
constitute the eleventh circuit and shall have two judges;
(12) The county of Fayette shall constitute the twelfth
circuit and shall have two judges;
(13) The county of Kanawha shall constitute the thirteenth
circuit and shall have seven judges;
(14) The counties of Braxton, Clay, Gilmer and Webster shall
constitute the fourteenth circuit and shall have two judges;
(15) The county of Harrison shall constitute the fifteenth
circuit and shall have three judges;
(16) The county of Marion shall constitute the sixteenth
circuit and shall have two judges;
(17) The county of Monongalia shall constitute the seventeenth
circuit and shall have two judges;
(18) The county of Preston shall constitute the eighteenth
circuit and shall have one judge;
(19) The counties of Barbour and Taylor shall constitute the
nineteenth circuit and shall have one judge;
(20) The county of Randolph shall constitute the twentieth
circuit and shall have one judge;
(21) The counties of Grant, Mineral and Tucker shall
constitute the twenty-first circuit and shall have two judges;
(22) The counties of Hampshire, Hardy and Pendleton shall
constitute the twenty-second circuit and shall have one judge.
Provided, That However, effective September 1, 2008, said circuit
shall have two judges;
(23) The counties of Berkeley, Jefferson and Morgan shall
constitute the twenty-third circuit and shall have five judges;
(24) The county of Wayne shall constitute the twenty-forth
circuit and shall have one judge. Provided, That However,
effective September 1, 2008, said circuit shall have two judges;
(25) The counties of Lincoln and Boone shall constitute the
twenty-fifth circuit and shall have two judges;
(26) The counties of Lewis and Upshur shall constitute the
twenty-sixth circuit and shall have one judge;
(27) The county of Wyoming shall constitute the twenty-seventh
circuit and shall have one judge;
(28) The county of Nicholas shall constitute the twenty-eighth
circuit and shall have one judge;
(29) The county of Putnam shall constitute the twenty-ninth
circuit and shall have two judges;
(30) The county of Mingo shall constitute the thirtieth circuit and shall have one judge; and
(31) The counties of Monroe and Summers shall constitute the
thirty-firsts circuit and shall have one judge.
(b) The Kanawha County circuit court shall be a court of
concurrent jurisdiction with each single judge circuit where the
sitting judge in the single judge circuit is unavailable by reason
of sickness, vacation or other reason.
(c) Any judge in office on the effective date of the
reenactment of this section shall continue as a judge of the
circuit as constituted under prior enactments of this section,
unless sooner removed or retired as provided by law, until December
31, 2008.
(d) The term of office of all circuit court judges shall be
for eight years. The term of office for all circuit court judges
elected during the general election conducted in 2008 shall
commence on January 1, 2009, and end on December 31, 2016.
(e) For election purposes, in every judicial circuit having
two or more judges there shall be numbered divisions corresponding
to the number of circuit judges in each circuit. Each judge shall
be elected at large from the entire circuit. In each numbered
division of a judicial circuit, the candidates for nomination or
election shall be voted upon and the votes cast for the candidates
in each division shall be tallied separately from the votes cast
for candidates in other numbered divisions within the circuit. The candidate receiving the highest number of the votes cast within a
numbered division shall be nominated or elected, as the case may
be.
(f) Judges serving a judicial circuit comprised of four or
more counties with two or more judges shall not be residents of the
same county.
(g) Beginning in 2010, all elections for circuit court judge
shall be nonpartisan, and all elections for circuit court judge are
to be held in the general election as set forth in chapter three of
this code. Beginning in 2010, there will no longer be primary
elections held for circuit court judge. All indications of party
identification on election ballots for circuit court judge shall be
omitted.
(g) (h) The Supreme Court of Appeals shall, by rule, establish
the terms of court of circuit judges.
NOTE: The purpose of this bill is to elect all justices to
the West Virginia Supreme Court of Appeals and all circuit court
judges on a nonpartisan basis.
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 **
