Senate Bill No. 49

(By Senator Schoonover)

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[Introduced January 13, 1999;

referred to the Committee on the Judiciary.]

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A BILL to amend and reenact section one, article one, chapter fifty of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to election of magistrates.

Be it enacted by the Legislature of West Virginia:
That section one, article one, chapter fifty of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted to read as follows:
ARTICLE 1. COURTS AND OFFICERS.
§50-1-1. Magistrate court created; election of magistrates in divisions.
There is hereby created in each county of this state a magistrate court with such numbers of magistrates for each court as are hereafter provided. There shall be elected by the voters of each county, at the general election to be held in the year one thousand nine hundred seventy-six, and in every fourth year thereafter, such number of magistrates as is provided in section two of this article. The filing fee for the office of magistrate shall be one percent of the annual salary. The term of magistrates shall be for four years and shall begin on the first day of January of the year following the year of election.
In counties where voting machines or electronic voting systems are used, the procedures of section eleven, article four, chapter three and section twelve, article four-a of said chapter three of this code shall apply respectively to the election of magistrates in the same manner as they apply to the election of members of the House of Delegates.
Notwithstanding the provisions of section seven, article five, chapter three of this code, for purposes of the primary election to be held in the year one thousand nine hundred seventy- six, the last day for filing certificates of candidacy for the office of magistrate shall be extended to the twenty- seventh day of February of that year.
Beginning with the primary and general elections to be conducted in the year two thousand, there shall be in each county, for election purposes, numbered divisions corresponding to the number of magistrates in each county. Each magistrate shall be elected at large from the entire county. In each numbered division of a county, the candidates for nomination or election shall be voted upon and the votes cast for the candidates in each division shall be tallied separately from the votes cast for candidates in other numbered divisions within the county. The candidate receiving the highest number of the votes cast within a numbered division shall be nominated or elected, as the case may be.


NOTE: The purpose of this bill is to require magistrates to run for office in divisions like circuit court judges.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.