Senate Bill No. 393
(By Senators Sprouse, Chafin, Kessler, Minear, Dawson, McKenzie,
Unger, Craigo, Helmick, Bowman, Edgell, Fanning, Prezioso,
Bailey, Anderson, Dittmar, Ross, Ball, Love, Deem, Boley, Redd,
Plymale and Tomblin, Mr. President)
[Originating in the Committee on the Judiciary;
reported February 11, 2000.]
A BILL to amend and reenact section one, article five, chapter
three of the code of West Virginia, one thousand nine hundred
thirty-one, as amended, relating to changing the date on which
the West Virginia presidential primary election is held.
Be it enacted by the Legislature of West Virginia:
That section one, article five, 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 5. PRIMARY ELECTIONS AND NOMINATING PROCEDURES.
§3-5-1. Time and place of holding primary elections; hours
polls open; presidential primary elections.
Primary Subject to the provisions of subsection (b) of
this section, primary elections shall be held at the voting place
in each of the voting precincts in the state, for the purposes set
forth in this article, on the second Tuesday in May in the year one
thousand nine hundred eighty-six and in each second year
At such election the polls shall be opened and closed at the
hours provided for opening and closing the polls in a general
(b) In the year two thousand four, and every four years
thereafter, the presidential primary shall be held on a Tuesday
selected by the secretary of state which is no later than the third
Tuesday following the date on which the state of New Hampshire
holds a similar election when a president of the United States is
to be elected.
NOTE: The purpose of this bill is to provide that, beginning
in the year 2004, the presidential primary election in West
Virginia will be held no later than the third Tuesday after the New
Hampshire presidential primary election, and that the other primary
elections will continue to be held on the second Tuesday in May.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would