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Introduced Version House Bill 2991 History

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Key: Green = existing Code. Red = new code to be enacted


H. B. 2991


(By Delegates Overington, Trump,

Mathews and Staton)


[Introduced March 23, 2001 ; referred to the

Committee on the Judiciary.]




A BILL to amend and reenact section fourteen, article one, chapter three of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to requiring successful electors to vote for their party's presidential nominee.

Be it enacted by the Legislature of West Virginia:

That section fourteen, 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.

§3-1-14. Presidential electors; how chosen; duties; vacancies; compensation.

Electors of president and vice president of the United States shall be nominated as provided in section twenty-one of article five of this chapter but their names shall be omitted from the general election ballot, as provided in section two of article six of this chapter, to be voted on the Tuesday next after the first Monday in November in the year nineteen hundred and sixty-four one thousand nine hundred sixty-four and every fourth year thereafter.
The presidential electors shall meet in the office of the governor at the capital of this state, on the day now appointed, or which shall hereafter be appointed, by the Congress of the United States and shall vote for their party's nominees for president and for the vice president of the United States, who are their party's nominee, in the manner prescribed by the constitution and the laws of the United States. If any of the electors so chosen fail to attend at the time appointed, or attempt to cast a vote for candidates other than their party's nominees, the electors present shall appoint an elector in place of each one so failing to attend or failing to vote for their party's nominees, and every elector so appointed shall vote for their party's nominees and shall otherwise be entitled to vote in the same manner as if he or she had been originally chosen by the people.
Each presidential elector shall receive as compensation the sum of ten dollars a day for attending such the meeting, including the time spent in traveling to and from the place of meeting and in addition thereto the sum of ten cents for every mile necessarily traveled in going to and returning from the place of meeting, by the most direct route.

NOTE: The purpose of this bill is to require electors to vote for the presidential candidate of their party for whom they previously committed to vote.

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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