ENGROSSED
Senate Bill No. 473
(By Senators Wooton, Ball, Bowman, Dittmar, Hunter, Ross,
Schoonover, Snyder, White, Buckalew and Scott)
____________
[Originating in the Committee on the Judiciary;
reported February 11, 1998.]
_____________
A BILL to amend and reenact section eleven, article six, chapter
three of the code of West Virginia, one thousand nine hundred
thirty-one, as amended, relating to the disposition of
certificates of election; requiring candidates to request
copies of such certificates; providing for the filing of
certificates with county clerks; and requiring county clerks
to preserve and make certificates available to the general
public and the media.
Be it enacted by the Legislature of West Virginia:
That section eleven, article six, chapter three of the code of
West Virginia, one thousand nine hundred thirty-one, as amended, be
amended and reenacted to read as follows:
ARTICLE 6. CONDUCT AND ADMINISTRATION OF ELECTIONS.
§3-6-11. Disposition of certificates.
The separate certificates of the board of canvassers, made pursuant to section ten of this article, shall be disposed of by
the board of canvassers as follows: Of the certificates respecting
the election for delegate or delegates in the Legislature, they
shall, upon request of the candidate, transmit one a copy to each
person voted for as delegate any candidate, and shall file a copy
in the office of the clerk of the county commission to be preserved
and made available to the general public and to the media. The
clerk shall transmit one a copy to the secretary of state within
thirty days from the date of the election, except that in the case
of a recount, within thirty days from the date of the completion of
the recount, who shall submit the same to the House of Delegates,
on the first day of the next ensuing session, together with a list
of the persons appearing thereby to be elected. Of the
certificates respecting the election of state senator, they shall,
upon request of the candidate, transmit one a copy to each person
voted for as state senator any candidate, and shall file a copy in
the office of the clerk of the county commission to be preserved
and made available to the general public and to the media. The
clerk shall transmit one a copy to the secretary of state within
thirty days from the date of the election, except that in the case
of a recount, within thirty days from the date of the completion of
the recount, to be submitted by him the secretary of state to the
Senate, on the first day of the next ensuing session, together with
a list of persons appearing thereby to be elected. Of the
certificates respecting the election of state officers, one, as to each of such officers a copy for each officer, except justice of
the supreme court of appeals, shall be sealed and transmitted by
such the commissioners to the secretary of state within thirty days
from the date of the election endorsed on the envelope as follows:
"Returns of the election for state officers." Except that in the
case of a recount, the certificates shall be transmitted within
thirty days from the date of the completion of the recount. The
secretary of state shall deliver the same certificates to the
speaker of the House of Delegates on the first day of the next
session of the Legislature; and the speaker shall, immediately
after the organization of the House of Delegates and before
proceeding to other business, open and publish the same
certificates in the presence of a majority of each house of the
Legislature, which bodies shall, for that purpose, assemble in the
hall of the House of Delegates. The person having the highest
number of votes for any one of such offices shall be declared duly
elected thereto; but if two or more persons have the same and the
highest number of votes for the same office, the Legislature shall,
by a joint vote of the two houses, choose one of said persons for
such the office; and one of each of such the last-mentioned
certificates shall also be transmitted, under seal, to the
governor, who shall immediately tabulate the vote in all the
counties, for each office, and cause the same results to be printed
in some a newspaper published at the seat of government. Of the
certificates respecting the election for United States senator, member of the House of Representatives in the Congress of the
United States, justice of the supreme court of appeals, judge of a
circuit court, and president and vice president of the United
States, respectively, the commissioners shall, upon request of the
candidate, transmit one in each case to the person voted for a copy
to any candidate, and one a copy to the governor within thirty days
from the date of the election; except that in the case of a
recount, within thirty days from the date of the completion of the
recount; and the governor shall ascertain who are elected and make
proclamation thereof. The commissioners shall also file a copy of
the certificates in the office of the clerk of the county
commission to be preserved and made available to the general public
and to the media. Of the certificates respecting the election of
all county and district officers, one shall be transmitted the
commissioners shall, upon request of the candidate, transmit a copy
to any candidate, to each person for whom votes were cast, and
shall file a copy in the office of the clerk of the county
commission to be preserved and made available to the general public
and to the media.
No county may be charged for the publication of any
certificates of election.