H. B. 4010
(By Delegate Kuhn)
[Introduced January 12, 2000; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact section six, article one-a, chapter
three of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to powers and
duties of secretary of state; and requiring the secretary of
state to forward by certified mail to each county clerk,
county commission and any other appropriate election
official a summary of election night ballot counting
procedures specific to that county's voting system and any
related penalties prior to every statewide election.
Be it enacted by the Legislature of West Virginia:
That section six, article one-a, 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 1A. STATE ELECTION COMMISSION AND SECRETARY OF STATE.
§3-1A-6. Powers and duties of secretary of state; exercise of powers by appointees.
The secretary of state shall be the chief election official
of the state. Except for those rules required by the provisions
of section five of this article to be promulgated by the
commission, the secretary of state shall have the authority,
after consultation with the state election commission, of which
he or she is a member, to make, amend and rescind such orders and
to promulgate such legislative rules, in accordance with the
provisions of chapter twenty-nine-a of this code, as may be
necessary to standardize and make effective the provisions of
this chapter. Any rule proposed for promulgation by the
secretary of state pursuant to the provisions of this section,
and all rules heretofore adopted or in any way represented to
govern the administration or enforcement of the provisions of
this chapter by the secretary of state, shall be submitted on or
before the first day of August, one thousand nine hundred
ninety-five, to the Legislature for review by the legislative
rule-making review committee and approval by the Legislature.
All rules which have not been submitted and approved as aforesaid
shall be of no further force and effect as of the first day of
April, one thousand nine hundred ninety-six. It shall be the
duty of all election officials, county commissions, clerks of
county commissions, clerks of circuit courts, boards of ballot
commissioners, election commissioners and poll clerks to abide by such orders as may be issued and such legislative rules as may be
promulgated by the secretary of state and the commission.
The secretary of state also shall have authority to require
collection and report of statistical information and to require
other reports by county commissions, clerks of county commissions
and clerks of circuit courts.
It shall be his or her further duty to advise with election
officials; to furnish to the election officials a sufficient
number of indexed copies of the current election laws of West
Virginia and the administrative orders and rules issued or
promulgated thereunder; to forward by certified mail to each
county clerk, county commission and any other appropriate
election official a summary of election night ballot counting
procedures specific to that county's voting system and any
related penalties prior to every statewide election; to
investigate the administration of election laws, frauds and
irregularities in any registration or election; to report
violations of election laws to the appropriate prosecuting
officials; and to prepare an annual report.
The secretary of state shall also have the power to
administer oaths and affirmations, issue subpoenas for the
attendance of witnesses, issue subpoena duces tecum to compel the
production of books, papers, records, registration records and
other evidence, and fix the time and place for hearing any matters relating to the administration and enforcement of this
chapter, or the rules promulgated by the state election
commission or by the secretary of state as the chief election
official of the state. In case of disobedience to a subpoena or
subpoena duces tecum, he or she may invoke the aid of any circuit
court in requiring the attendance, evidence and testimony of
witnesses and the production of papers, books, records,
registration records and other evidence.
All powers and duties vested in the secretary of state
pursuant to the provisions of this article may be exercised by
appointees of the secretary of state at his or her discretion,
but the secretary of state shall be responsible for their acts.
NOTE: The purpose of this bill is to require the Secretary
of State to forward by certified mail to each county clerk,
county commission and any other appropriate election official a
summary of election night ballot counting procedures specific to
that county's voting system and any related penalties prior to
every statewide election.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.