H. B. 2090
(By Delegates Kuhn and Collins)
[Introduced January 13, 1999; referred to the
Committee on the Judiciary.]
A BILL to amend article nine, chapter three of the code of West
Virginia, one thousand nine hundred thirty-one, as
amended, by adding thereto a new section, designated section
twenty-five, relating to providing that no elected official,
except the clerk of the county commission, may be situated
within fifty feet of any location where votes are being
counted in a primary or general election in which that
elected official is a candidate; penalties.
Be it enacted by the Legislature of West Virginia:
That article nine, chapter three of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, be
amended by adding thereto a new section, designated section
twenty-five, to read as follows:
ARTICLE 9. OFFENSES AND PENALTIES.
§3-9-25. Elected official who is candidate in primary or general
election not allowed within fifty feet of vote counting.
Notwithstanding any provision in this chapter to the
contrary, no elected official, except the clerk of the county
commission, may be situated within fifty feet of any location
where votes are being counted in a primary or general election in
which that elected official is a candidate. Any person violating
this section is guilty of a misdemeanor and, upon conviction
thereof, shall be fined not less than three thousand dollars nor
more than five thousand dollars, or confined in the county or
regional jail not more than six months, or both fined and
imprisoned.
NOTE: The purpose of this bill is to provide that an elected
official who is a candidate in a primary or general election,
except the clerk of the county commission, may not be situated
within fifty feet of the counting of votes in that election.
This section is new; therefore, strike-throughs and
underscoring have been omitted.