WEST virginia Legislature
2017 regular session
Introduced
Senate Bill 463
By Senators Palumbo, Gaunch, Plymale, Prezioso, Takubo, Trump, Woelfel and Stollings
[Introduced February 28,
2017; Referred
to the Committee on the Judiciary; and then to the Committee on Finance]
A BILL to repeal §3-12-1, §3-12-2, §3-12-3, §3-12-4, §3-12-5, §3-12-6, §3-12-7, §3-12-8, §3-12-9, §3-12-10, §3-12-11, §3-12-12, §3-12-13, §3-12-14, §3-12-15 and §3-12-16 of the Code of West Virginia, 1931, as amended; and to amend and reenact §3-1A-5 of said code, relating to eliminating the West Virginia Supreme Court of Appeals Public Campaign Financing Program.
Be it enacted by the Legislature of West Virginia:
That §3-12-1, §3-12-2, §3-12-3, §3-12-4, §3-12-5, §3-12-6, §3-12-7, §3-12-8, §3-12-9, §3-12-10, §3-12-11, §3-12-12, §3-12-13, §3-12-14, §3-12-15 and §3-12-16 of the Code of West Virginia, 1931, as amended, be repealed; and that §3-1A-5 of said code be amended and reenacted to read as follows:
ARTICLE 1A. STATE ELECTION COMMISSION AND SECRETARY OF STATE.
§3-1A-5. Powers and duties of commission; legislative rules.
(a) The commission has the power and duty to approve or disapprove applications for approval of any voting machine as provided in section seven, article four of this chapter.
(b) The commission also shall serve as a body advisory to the Secretary of State, and, as such, shall have the following powers and duties:
(1) To recommend policies and practices pertaining to the registration of voters and the conduct of elections generally;
(2) To review the work of the office of Secretary of State pertaining to the duties of that office with respect to elections, and for this purpose to have access at reasonable times to pertinent records, books, papers and documents;
(3) To consider and study the election practices of other jurisdictions, with a view to determining the techniques used in eliminating fraud in elections and in simplifying election procedures;
(4) To advise or make recommendations to the Governor relative to election practices and policy in the state; and
(5) To advise the
Secretary of State on carrying out the duties to which he or she is assigned
pursuant to the West Virginia Supreme Court of Appeals Public Campaign
Financing Program, established in article twelve of this chapter;
(6) To carry out the
duties assigned to the commission by the West Virginia Supreme Court of Appeals
Public Campaign Financing Program, established in article twelve of this
chapter; and
(7) (5) To keep minutes of the transactions of
each meeting of the commission, which shall be public records and filed with
the Secretary of State.
(c) It is the commission's further duty to prepare and distribute in its name, within available appropriations and upon the recommendation of the Secretary of State, nonpartisan educational material to inform voters of the importance of voting, to encourage voters to vote, to inform voters of election laws and procedures, and to inform voters of the effect of any public question, constitutional amendment or bond issue that is to be voted upon by all the voters of the state and that has been authorized to be placed upon the ballot by the Legislature, and manuals to assist county commissions, ballot commissioners, circuit and county clerks and other election officials in the proper performance of their duties in the conduct of elections.
(d) The commission shall propose for promulgation emergency and legislative rules, in accordance with article three, chapter twenty-nine-a of this code, as may be necessary to standardize and make effective the administration of article eight of this chapter, and may propose for promulgation other rules, in accordance with article three, chapter twenty-nine-a of this code, relating to the conduct and administration of elections as the commission determines to be advisable.
(e) Meetings of the
commission conducted for the purpose of confirming the eligibility of
individual candidates to receive public campaign financing under the West
Virginia Supreme Court of Appeals Public Campaign Financing Fund are expressly
exempted from the public notice and public meeting requirements of article nine-a,
chapter six of this code.
NOTE: The purpose of this bill is to repeal and otherwise eliminate the West Virginia Supreme Court of Appeals Public Campaign Financing Program.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.