Senate Bill No. 35
(By Senators Buckalew and Dugan)
[Introduced January 12, 1996; referred to the Committee
on Government Organization; and then to the Committee on
A BILL to amend and reenact section seventeen, article eight,
chapter eleven of the code of West Virginia, one thousand
nine hundred thirty-one, as amended, relating to taxation;
levies; and special levy elections specific language.
Be it enacted by the Legislature of West Virginia:
That section seventeen, article eight, chapter eleven of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted to read as follows:
ARTICLE 8. LEVIES.
§11-8-17. Special levy elections; notices; election officers;
conduct of election; supplies; canvass of returns;
form of ballot.
The local levying body shall publish a notice, calling the election, as a Class II-O legal advertisement in compliance with
the provisions of article three, chapter fifty-nine of this code,
and the publication area for such publication shall be the
territory in which the election is held. Such notice shall be
so published within fourteen consecutive days next preceding the
election. All the provisions of the law concerning general
elections shall apply so far as they are practicable, except as
follows: Where a special election is held, the local levying
body, having due regard to the minimum expense involved, shall
determine the number of election officials necessary to properly
conduct said election, which number shall in no case be less than
three commissioners and two clerks, and shall appoint the same
and fix and pay their compensation, but otherwise the election
officials shall be such as are appointed to serve with respect to
the general election held at the same time. The local levying
body, however, shall provide the election supplies necessary for
such election and shall canvass the returns thereof. A separate
ballot shall be used at a levy election held in connection with
any other election. The ballot shall be entitled: "Special
election to authorize additional levies for the year(s)
____________ and for the purpose of _____________ according to the order of the __________________ entered on the ___ day of
The additional levy shall be on Class I property __________
cents; on Class II property ___________ cents; on Class III
property (if any) ___________ cents; on Class IV property (if
any) ___________ cents.
The ballot shall also include specific language that
reflects, and is designed to inform the voters, the intent of the
levy call, including, but not limited to, what is needed, and how
much each need will cost.
NOTE: The purpose of this bill is to require special levy
ballots to include specific language that informs the voters of
the intent of the levy call, together with what is needed and how
much each need will cost.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.