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Introduced Version - Originating in Committee Senate Concurrent Resolution 86 History

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SENATE CONCURRENT RESOLUTION NO. 86

(By Senators Palumbo, Wills, Beach, Browning, Foster, Jenkins, Kirkendoll, Klempa, Minard, Snyder, Tucker, Williams, Barnes, K. Facemyer and Nohe)

[Originating in the Committee on the Judiciary]

 

Requesting the Joint Committee on Government and Finance to study senatorial candidate residency requirements, other requirements for holding public office and certification of all elected officials to be determined by the Secretary of State.

    Whereas, If a senatorial district is comprised of more than one county, then the West Virginia Constitution states that both senators in that district may not reside in the same county; and

    Whereas, If a candidate’s county of residence is located in the same county as a sitting senator whose term would run concurrently, then the Secretary of State may refuse the candidate’s application; and

    Whereas, Any person that is eligible and seeks to hold an office or political party position shall file a certificate of announcement declaring his or her candidacy for the nomination; and

    Whereas, When a certificate of announcement is filed, the filing is to be with the Secretary of State to a proper officer 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 must be received before midnight, eastern standard time, of that day, or if mailed, has to be post marked by the United States Postal Service before that hour; and

    Whereas, Compilation of a new application for candidacy in order for every candidate filing to meet all of the guidelines that have already been determined by the Secretary of State may be an appropriate way to address eligibility determinations; and

    Whereas, The new application for candidacy may cover all necessary guidelines for the Secretary of State to know more clearly whether or not a candidate is eligible to run for office; and

    Whereas, Requiring the candidate seeking election to submit a portfolio of him or herself that would reveal proof of age, education, residency, and other information required to show why the candidate believes they are eligible for office may be an appropriate way to address eligibility determinations; and

    Whereas, If in the event questions of the validation arise after reviewing the filing, a process must be put in place to resolve disputes; and

    Whereas, When a candidate has filed the certification, truthfully, then the Secretary of State will be aware of whether or not a candidate is eligible upon the review of the application; and

    Whereas, The Secretary of State can further process out all ineligible candidates once the application for ballot has been submitted; and

    Whereas, The Legislature believes that it is in the State’s best interest to study ways to improve the determination as to eligibility of candidates for office; therefore, be it

    Resolved by the Legislature of West Virginia :

    That the Joint Committee on Government and Finance is hereby requested to study senatorial candidate residency requirements, other requirements for holding public office and certification of all elected officials to be determined by the Secretary of State; and, be it

    Further Resolved, That the study should address the most effective means for confirming the eligibility of candidates for public office and the measures, if any, that the Secretary of State should take to ensure eligible candidates are on the ballot and ineligible candidates are not; and, be it

    Further Resolved, That the Joint Committee on Government and Finance study the legislative changes that may be necessary to update West Virginia law relating to ensuring the proper candidates are on the election ballot; and, be it

    Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2013, on its findings, conclusions and recommendations together with drafts of any legislation necessary to effectuate its recommendations; and, be it

    Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.

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