H. B. 4485

         (By Delegates Morgan and Poore)

         [Introduced February 12, 2014; referred to the

         Committee on Political Subdivisions then the Judiciary.]

A BILL to amend and reenact §8-5-7 of the Code of West Virginia, 1931, as amended, relating to increasing or decreasing the number of municipal wards or election districts and council members.

Be it enacted by the Legislature of West Virginia:

    That §8-5-7 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.

§8-5-7. Certain officers; wards or election districts; residency and other requirements.

    (a) Unless otherwise provided in the charter of a municipality, there shall be elected a mayor, a recorder and councilmen council members, who together shall form the governing body of the municipality.

    (b) When a municipality has not been divided into wards or election districts, there shall be at least five councilmen council members, but when the municipality has been divided into wards or election districts, the governing body may, by ordinance, determine the number of councilmen council members to be elected from each ward or election district. When it is deemed considered necessary, the governing body may, by ordinance, increase or decrease the number of wards or election districts and change the boundaries thereof, such the wards or election districts to be made as nearly equal as may be, in population, and when the municipality shall be is divided into wards or election districts, or there shall be is an increase or decrease in the number of wards or election districts as aforesaid, the governing body may increase or decrease the number of councilmen council members and, in the case of an increase in the number of council members, direct an election to be held at the next regular municipal election in such the additional ward or wards or election district or districts so that each ward or election district may have its full number of councilmen council members residing therein and may have equal representation on the governing body. When a municipality has been divided into wards or election districts, the governing body may, by ordinance, also provide for the election of councilmen council members at large in addition to the councilmen council members to be elected from each ward or election district. The provisions of this subsection shall be is applicable to any municipality except to the extent otherwise provided in the charter of such the municipality.

    (c) Unless otherwise provided by charter provision or ordinance, the mayor, recorder and councilmen council members must be residents of the municipality and must be qualified voters entitled to vote for members of its governing body. A city manager in a manager form of government need only be a resident of the city at the time of his or her appointment.

    NOTE: The purpose of this bill is to make clear that municipalities have the power to both increase and decrease the number of voting wards and/or council members serving its governing body.

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