H. B. 4279

(By Delegates Manchin, Lawrence, Cann,

Doyle, Longstreth and Morgan)

[Introduced January 25, 2012; referred to the

Committee on Political Subdivisions then the Judiciary.]

A BILL to amend and reenact §8-5-5 of the Code of West Virginia, 1931 as amended, relating to the election of municipality officers; permitting municipalities to stagger the terms of elected officers; and making stylistic changes.

Be it enacted by the Legislature of West Virginia:

    That §8-5-5 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:

ARTICLE 5. ELECTION, APPOINTMENT, QUALIFICATION AND COMPENSATION               OF OFFICERS; GENERAL PROVISIONS RELATING TO OFFICERS               AND EMPLOYEES; ELECTIONS AND PETITIONS GENERALLY;               CONFLICT OF INTEREST.

PART II. REGULAR ELECTION OF OFFICERS.

§8-5-5. Regular election of officers; establishment of longer            terms.

    (a) After the first election of officers of a city, town or village, the regular election of officers shall be held on the second Tuesday in June of the appropriate year, unless otherwise provided in the charter of the city or the special legislative charters of the towns or villages. as the case may be

    (b) A municipal election date established by a charter provision may fall on the same day as the county-state primary election or general election only when the voting precinct boundaries in the municipality coincide with the voting precinct boundaries established by the county commission or when the charter provides for separate registration books. If a municipal election falls on the same day as the county-state primary or general election, the municipality and county may agree to use the county election officials in the municipal elections, if practicable, or the municipality may provide for separate election officials.

    (c) A municipal election date established by charter provision may fall within twenty-five days of a county-state primary or general election only where separate registration books are provided and maintained for the municipal election.

    (d) Any municipality which establishes its election date by charter provision must comply with the provisions of this section or the election date shall be the second Tuesday of June. The language of this section shall may not be construed to prevent any city, town or village from amending the provisions of its charter or special legislative charter, as the case may be to provide that its municipal election be held on some day other than the second Tuesday in June.

    (e) Officers of a city may be elected for a four-year term at the same election at which a proposed charter, proposed charter revision or charter amendment providing for four-year terms is voted upon. The ballots or ballot labels used for the election of officers must indicate that the officers will be elected for four-year terms if the proposed charter, revision or amendment is approved. Officers of a town or village may be elected for a four-year term upon approval by a majority of the legal votes cast at a regular municipal election of a proposition calling for four-term terms. The ballots or ballot labels used for the election of officers must indicate that the officers will be elected for four-year terms if the proposition is approved.

    (f) Notwithstanding any provision of this code or charter to the contrary, a municipality may stagger the terms of its elected officers and are authorized to:

    (1) A municipality whose officers serve two-year terms, may lengthen the term to four years for half of the elected officers;

    (2) A municipality whose officers serve four-year terms, may shorten the term to two years for half of the elected officers; and

    (3) After the terms are lengthened or shorten as permitted by this subsection, those officers shall resume the two-year or four- year term of office.

    NOTE: The purpose of this bill is to permit municipalities to stagger the terms of elected officers. The bill permits municipalities stagger the terms of current office holders. The bill also makes minor stylistic changes.

    Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.