H.
B.
4529
(By Delegates Facemyer and Ashley)
[Introduced February 21, 1994; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact sections one, two and eight, article five, chapter sixty of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to the percent of qualified voters and the time to hold a local option election.
Be it enacted by the Legislature of West Virginia:
That sections one, two and eight, article five, chapter sixty of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted to read as follows:
ARTICLE 5. LOCAL OPTION ELECTIONS.
§
60
-
5
-
1. Election in county, magisterial district or
municipality.
A county, magisterial district or any municipality may in an election held especially for the purpose, determine whether the sale of alcoholic liquors for beverage purposes shall be permitted within that county, magisterial district or municipality.
A local option election shall not be held within sixty days of a general or municipal election.
§
60
-
5
-
2. Election called on petition of five and one-half
percent of qualified voters.
The county commission, or the governing body of the municipality, as the case may be, shall call a special "local option election" upon the filing of a petition signed by not less than five and one-half percent of the qualified voters within the county, a magisterial district or municipality. Such "local option election" shall be held at the time of a general or special election.
§
60
-
5
-
8. When another election may be held.
When a "local option election" has been held in a county, a magisterial district or municipality, another such election shall not be held for a period of two years; except that an election may be held within a municipality without regard to an election held in or the time limit applicable to the county within which the municipality, or a part thereof, is located. until such time as such election shall coincide with a primary or general election.
NOTE: The purpose of this bill is to change the voter requirement for a special local option election from five percent of the voters to five and one-half percent of the voters and to change the times of local option elections to provide that such elections shall coincide with general or special elections.
Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.